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

[63SIERRA]

Keep in mind, time and time again, I called my DAV rep, telling him, look , someone has to be inputting this information on ebenefits, its not just appearing on its own, why dont we call and ask them what they got and what they didnt get..

OH dont worry abt it, they got it, its a little game they like to play, to stall, and cover time, trust me, they got everything.

WELL EVIDENTLY NOT .!!!!!!!!!

Just like when I noticed my back contention wasnt on my contentions list on ebennies all of a sudden. well I called them and come to find out, my claim, was at a new RO, and waco didnt send half of my stuff to them. Its insanity.

[63SIERRA]

Heres how it seems to work at the DAV in central texas. You go see them and they ask if you were honorably discharged, how long you served ect. The pull out another form, tell you to write down the contentions you want to claim, and submit it . Then they basically wait for the va to approve or deny. If they deny, then they send your claim to the " appeals team". As far as I know, they dont do any research, or conferring when filing that initial claim, they just load the mortar in the tube and let it rip.

As I said before, its almost like they are expecting a denial. When I first filed the claim and they were talking appeals, I said hold on, Im not here for an appeal, im here to win it the first time, ive got good evidence right> thats what you said right? so why would there be an appeal. ? Well they went into this big speal about thats just how it usually goes, yada, yada. So im sitting there thinking, well if yoall can beat them the second time around, why cant yall beat them the FIRST time round? with the same evidence. ??

So from then on, ive been leary. I wonder if it has anything to do with joining these service organizations.? If they won, and won fast, why would u ever join them., If you lose your claim initially, and they get you a little something, then u feel like theres hope, and join,.

Then they give u more hope, while they play with your claim. I believe they know right away if its a winnable claim, how much, and appeal or no appeal. They just seem to want to drag the claim along, to suit thier own agenda. this is strictly my own personal opinion, based on my personal experiences.

I pray things get better, because veterans really need help, against this polluted, incompetent,entity we call the VA.

Edited November 25, 2013 by 63SIERRA

[jbasser]

Call this man asap. You may need an IME to offset any issue the VA has. http://www.robertpwalsh.com/\

The only thing going negative for you is the mere fact that you live in Texas. A low TORT award state. I think it is only 250K.

J

[63SIERRA]

thanks basser, I will check him out. the link is broke, I s he out of battle creek michigan?

also being the VA is a federal entity, shouldnt the state tort laws be a moot point?

Edited November 25, 2013 by 63SIERRA

[infantry10]

Sierra... the va sure has done you wrong buddy! I think you should take basser's advice and call a lawyer. I think you have a very good claim with excellent evidence and your problem is your zip code. Good luck to you, my friend!!

[free_spirit_etc]

Here is an interesting claim: http://www.va.gov/vetapp12/Files1/1206181.txt