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Duty To Assist Is Misleading

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63SIERRA

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They tell you the VA has a duty to assist getting medical records from different places but they dont tell you its your repsponsibilty to provide a date range of the records pertaining to your claim,. I beieve they actually used that manuever to deny at least one of my claims.

So your best bet is to copy, and send them medical records that pertain to your claim, and give the accurate date ranges.

if they wont even look thru medical records to decide claims, what can they be so busy doing at these ROs? Probably playing word games,,, hmmmm whats a good word to downplay a broken leg>

answer, leg was hyperextended to the point of maximum flexation. DENIED SUCCA ,,,!!!

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  • HadIt.com Elder

63Sierra

I wondered where all the crackheads went lately? Most of my decisions seem to have been written by an 8 year old. Even claims I won seem illogical. I think persistence and some medical evidence is key. Persistence because the VA has no trouble denying a well supported claim by simply not reading it.

John

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The reason nothing seems to jive or make sense in the end, is because they have convolutted, polluted, executed, refuted, the whole claim, in very sloppy efforts to deny. why would they even try to make u think it was a honest effort, there is no consequence when they goof up. they are rewarded, . as long as the nickel doesnt go out.

They are spending too much energy looking for ways to deny, instead of looking for ways to be fair, impartial and follow the letter of the law. thats the problem. But the big picture is that out govt is finding out, how expensive it really is, to keep professional soldiers at war, for over 10 years (yes, we are still in iraq, and afghanistan in some measures). Armies all the way back to the roman empire, even before that, ganghis khan, knew, that you cannot wage war for long periods of time, and not reap any rewards, and still sustain your empire. How many times has this country went to war, spend a gazillion dollars, and took nothing from the enemy., lets just name a few. Iraq, vietnam, ww1,ww2, the cold war, grenada, an on and on . Many do not recall the reason the russian economy collapsed, It was because they fought a long guerilla war with a proxy nation (afghanistan), against the united states. We supplied arms to the afghans, and alot more. Now the russians are playing catch back, and supplying the afghans with weapons to fight us. Our nation cannot see, that they are trying to break us, economically, just like we broke them. when we went into afganistan, the only intel we had on thier extensive cave system, was from a college project, of students who tried to map out the tunnel system many years ago. Afganistan is a natural super fort. We cannot beat a guerilla army, in a place like that. we should have kept them the russians problem.

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  • HadIt.com Elder

I agree that to stay in Afghanistan is a crazy idea. It will mean a never ending line of disability claims. Even if the US Army just stays as advisors if they get into tight spots they are going to shoot back and engage in combat. 50% of OIF/OEF vets are probably going to eventually make a PTSD claim. This just means the PTSD claims will never stop and the costs of the war will never stop.

The remaining RVN vets are going to probably file claims seeing that both DMII and Heart Disease are now presumptive for AO. One of my Vietnam buddies just got 100% after 40 years due to a PTSD claim and a DMII claim. I had talked to him a few years ago after finally finding him, and found out he had DMII. I told him to file a claim with the VA. I knew he had had some mental health problems during and after Nam, so I told him he ought to see a VA shrink. He got a rating for PTSD. There are so many RVN vets out there who could file claims if they just knew it. The OIF/OEF vets are smarter than we were and know they can file claims thanks to the internet.

John

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Exactly Basser the duty to assit rule is up to how much they decide they want to assist. IT BULLSHIT DOUBLETALK, first they say they have duty to assist, then they say its your responsiblitly to provide them medical records. if they dont get them for any reason, the veteran gets screwed. HELL they are the entitity that has our records if they are VA or active service for the most part. if we can get them surely they can get the. THEY HAVE THEM, why cant they get them.

whose on first, I dont know , what do you mean I dont know, I thought he was on second, no, hes on first.. I thought you said I dont know was on first, so is he or aint, he, ?

Exactly Basser the duty to assit rule is up to how much they decide they want to assist. IT BULLSHIT DOUBLETALK, first they say they have duty to assist, then they say its your responsiblitly to provide them medical records. if they dont get them for any reason, the veteran gets screwed. HELL they are the entitity that has our records if they are VA or active service for the most part. if we can get them surely they can get the. THEY HAVE THEM, why cant they get them.

whose on first, I dont know , what do you mean I dont know, I thought he was on second, no, hes on first.. I thought you said I dont know was on first, so is he or aint, he, ?

Ultimately - all claim issues are up to each claimant to prove.

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That seems to be exactly right Carlie, thats why we need to spread the word, to the people who dont know. It seems to be a system that the less you know the more you get denied. The power is in the knowledge. The va acts like they do not make mistakes, and there is no check and balance in place, to catch thier mistakes, and right thier wrongs. I cannot go back in time and start over, so I must do the best with what I have, and keep educating myself. Im late to the dance, but I do learn fast.

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I agree that to stay in Afghanistan is a crazy idea. It will mean a never ending line of disability claims. Even if the US Army just stays as advisors if they get into tight spots they are going to shoot back and engage in combat. 50% of OIF/OEF vets are probably going to eventually make a PTSD claim. This just means the PTSD claims will never stop and the costs of the war will never stop.

The remaining RVN vets are going to probably file claims seeing that both DMII and Heart Disease are now presumptive for AO. One of my Vietnam buddies just got 100% after 40 years due to a PTSD claim and a DMII claim. I had talked to him a few years ago after finally finding him, and found out he had DMII. I told him to file a claim with the VA. I knew he had had some mental health problems during and after Nam, so I told him he ought to see a VA shrink. He got a rating for PTSD. There are so many RVN vets out there who could file claims if they just knew it. The OIF/OEF vets are smarter than we were and know they can file claims thanks to the internet.

John

well now that the retires can collect 100 percent of thier retirement pay and 100 percent of any disability pay at the same time, they too are lining up to file claims, since the ruling in 2004 took place. like I said, war is very expensive.

like the ozzy song goes war pigs.

generals gather in thier masses, just like witches at black masses, evil minds that plot destruction, sorcerors of deaths construction ,

politicians hide themselves away, they always started the wars, treating people just like pawns in chess, leave the fighting for the boys.

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