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jessie0054

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Did he get a VCAA Notice with an election form and a specific narrative that told him exactly what he needed?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Did he get a VCAA Notice with an election form and a specific narrative that told him exactly what he needed?

Berta:

Yes, he did get the VCAA notice, And we sent it back with everything they wanted except for the something to the nature of evidence of serving in the Southwest Asia Theater of Operations and information of his Illiness as a Gulf War Veteran.

He wasn't claiming Gulf War Illinesses!!!

Jessie

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I hate to say it but this is common practice for the VA to do this. It is called the evidence gathering phase but we all know it as the stalling for time stage. Has your son had a C@P claim for his conditions claimed?

8 months in VA time is a rather short period of time for them.

During this stage, The va sends out request for records and information from Government agencies. If a Private Physician is involved, They would ask you to sign a release, send it back to them and then they send it to the Physician.

This takes some time as I believe that they just spinning theuir wheels. The VCAA notice had a section to ask them to not wait the 60 days and decide or wait if you had additional evidence. I believe they can take up to a year after the notice is marked with new evidfence to decide a claim.Also remember the VCAA notice says the VA "may" decide the claim asap. May means this: May a word that rhymes with delay.

The southwest asia thing is just a plot to add confusoin with the claim.

Does your son have a Vet Rep?

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I hate to say it but this is common practice for the VA to do this. It is called the evidence gathering phase but we all know it as the stalling for time stage. Has your son had a C@P claim for his conditions claimed?

No he hasn't had any C&P exams yet!!

During this stage, The va sends out request for records and information from Government agencies. If a Private Physician is involved, They would ask you to sign a release, send it back to them and then they send it to the Physician.

I had gathered all his medical records from all his DR's and sent them in with the claim. I thought all was pretty well cut and dry and they had all his diagnoses up to date, so there was no one to send for the records from they had them all. I also sent all other evidence at the same time.

This takes some time as I believe that they just spinning theuir wheels. The VCAA notice had a section to ask them to not wait the 60 days and decide or wait if you had additional evidence. I believe they can take up to a year after the notice is marked with new evidfence to decide a claim.Also remember the VCAA notice says the VA "may" decide the claim asap. May means this: May a word that rhymes with delay.

Yes, He did sign the VCAA Notice Response form and sent it back also.

The southwest asia thing is just a plot to add confusoin with the claim.

Does your son have a Vet Rep?

I would have thought that his DD-214 would have shown that he wasn't in the Southwest Asia, But because we are making a claim for Cancer and a Bone Marrow disorder due to Benzene in the Jet Fuels he worked with, This is also backed up with his Oncologist statement that his conditions were the cause of the Fumes and Exhaust of the jet fuel.

Anyway, How do we get moved out of this PHASE??

Thanks

Jessie

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jessie

If you have sent all evidence and filled all requests and have been waiting this long start writing Senators and Congressmen and tell them of your sons duty and what it has done to him . Don't hold back inform them on what they have done . Let them know he is being put off by the VA if you write the right person you will get some help! when the VA has them looking over their shoulders things get done not fast but it moves along at a snails pace anyhow.

Macool

Edited by macool

"We should not have to fight the system, We fought to protect"

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jessie

If you have sent all evidence and filled all requests and have been waiting this long start writing Senators and Congressmen and tell them of your sons duty and what it has done to him . Don't hold back inform them on what they have done . Let them know he is being put off by the VA if you write the right person you will get some help! when the VA has them looking over their shoulders things get done not fast but it moves along at a snails pace anyhow.

Macool

Thanks Macool:

I have thought i'd write letters, But i wanted to give the VA plenty of time.

My son's SO has said that my son's claim is strong, and that the RO usually takes 6-7 months. Now it's 8 months and i find we haven't moved at all and they have everything i think they need to make a decision on.

I ask him [ his SO] 2 weeks ago to Expedite the claim since my son and his children are homeless [ he's a single dad] and now all this delay is putting a real hardship on myself and my husband. Not to add that my sons hasn't been able to work since last July a year ago. He had Back Surgery in March and somehow he slipped into a deep crack in the VA system and didn't get the PT he was to get. Last week he went into the PT himself as he is having so much pain in his back and the DR said that his muscles are all knoted up, Some Muscle groups are working overtime to compensate for those that aren't working. The DR also told him that he is looking at another back surgery as he now has a disc below the fusion that is ready to blowout. { gee i wonder if this could have been avoided if he hasn't fallen in a crack and gotten the PT when he was surposed too} Also his mobility and range of motion is very poor. {wonder if i could make a case out of that?? ]

Jessie

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