Based On What They Said They Didnt Have

[63SIERRA]

if u read the reasons they denied my claims at the bottom, it looks like they didnt even look in my medical records for the records that were all surely there.

many times on ebennifits they said evidence requested is past due. I would ask my DAV service rep abt it and he would always say, dont worry abt it, they got it. well he never told me that if we never gave them a specific date range to look in, they could just blow my claim off. Copy the medical records and send them in with your claims. Dont trust that they will look thru your records to find what they need to approve your claim. It is EXHAUSTING looking thru, and reading everypage in a medical file that id 450 pages. I wish I could go back in time, and start over again. I would have done things so different. now im playing catch up, in a system that doesnt care how long it takes.

see attached file

CLAIMS.txt

[carlie]

Once all of that is done, I have a possible malpractice claim to file against the va, and a cue claim.

A claimant has 2 years from learning of the mal-practice,to submit their FTC.

If your aware of it now - I believe your clock is ticking.

[carlie]

Not all VSO's are the same, believe me...

meghp,

You do more than and differently than many, many reps.

Thanks for doing quality work on behalf of veterans.

[63SIERRA]

meghp,

You do more than and differently than many, many reps.

Thanks for doing quality work on behalf of veterans.

thanks for your comment carlie, I just discovered that they found the growth on the kidney they removed in 2004,(full blown kidney cancer in 2011), they misdiagnosed me. Im going to wait until after the holidays, and get a good attorney and see what can be done. Theres no way they can convince me that a cyst, turned into a tumor and then turned into cancer. a cyst and a tumor are two very different things. I read the pathology reports and they said it was a tumor on top of my kidney. In 2004 they said it was a simple cyst.

[63SIERRA]

did you have anyone that actually reviewed your medical records before submitting your claim?

when the va requests medical records (off the SF 180) that you provided them, they will ask for the complete file, not just dates referenced. I've been down that road too many times with other veterans to know that is what they do. They may have at one time requested by dates, I don't know.

As for the power of attorney, this form is requested to be completed first. It's requested first because once the VSO explains the form, that veteran may not want that service rep handling the claim for whatever reasons. This form protects the veteran and the service organization. Once the POA is completed, then we move into the claim.

Now, I can not speak for any vso, but I can tell you that once I review the veteran medical records, I have a lists of disabilities. I then go over that list with the vet to see what's chronic and what is not. many times, I already have that answer but I go through them with the veteran in order that they know the difference. then once we have a list of disabilities, then I complete the remainder of the paperwork, print 2 copies of every form that I complete, have the vet sign one (for submission) and the other belongs to the vet. I then tell them that when they come back to see me, bring these back with you. That way, I know what has been done, so I am not duplicating work.

Not all VSO's are the same, believe me..

MEGPH, nobody reviewed my medical records, Im the only one who sent anything in.

[63SIERRA]

I initially filed my claim in october 2011. we are now almost into 2014. nobody from the DAV has ever seen my medical file. The last couple months, my current rep said he was requesting it, but they didnt give it to him. before that my local DAV got shut down for a month, some violation that they said they couldnt tell me about. I called DAV headquarters, and a snobby female told me to basically wait till they open back up , and grin and bear it. Pretty pathetic being some things are time sensitive in va matters.

The only reason I got the 30 percent for kidney cancer is that I did the research and submitted the evidence off the internet.

Abt 3 months ago, they changed my DAV service rep in waco, to a new hire. And so far, he has given me wrong information twice.

Im trying to work with him, and look at it from the standpoint of everybody was the new guy at one time or another, but im just tired of always getting the shaft.

[63SIERRA]

Meghp., I reread your post,.. I think your reading the claim as that the va was given specific dates, and the records they needed werent in those date ranges. THAT IS NOT THE CASE. the dates you see on the claim attachment are the dates they requested evidence, and the time they alloted to submit the evidence expired.

What they are saying is yes, you told us what VAMC you got treatment at, but did not supply us a specific date range to look thru. and we are denying your claim based on your failure to provide date ranges.

Comprende?