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Looking For Lawyer Or Rep In The Atlanta Area Ne Georgia


DavidLedbetter

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I am disabled and drawing Federal Disability of $1170 a month. I filed for my VA disability pension rating over 5 years ago, denied due to VA losing my medical records and currently on appeal. I have filed for Aid and Attendance well over 2 years ago and was denied due to income limits. I do not understand the system and all I know is that it is working against me. I have given the VA all medical records and have given them my permission to access any other records they may need. I have Spasmotic Torticolis or Cervical Dystonia diagnosed by Emory Neurological (5 years ago Atlanta VA diagnosed this as somataphor disorder.), Severe Diffuse Idiopathic Skeletal Hypertosis, Cervical Stenosis, Cervical Spondylosis with Melopathy, Large Cervical Bone Spurs and Heel Spurs, thoracic and lumbosacral Neuritis, chronic pain depression and an anxiety. I use a VA issued wheel chair and walker. I served during wartime.

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"denied due to VA losing my medical records and currently on appeal.

Do you have copies of your inservice SMRs as well as any private treatment records?

If so did you submit those copies to the VARO?

Va has an enhanced Duty to Assist when medical records cannot be found.

http://veteranclaims.wordpress.com/2009/04/05/missing-records-advancement-on-bva-docket-due-to-age-daye-v-nicholson-no-05-2475/

Are you able to scan and attach the VA's Reasons and Bases here for the denial? Cover your C file number, name and address before scanning it.

Sometimes we need to see the exact verbatim wording of denials......

How do you know the VA lost them?

Do you know for a fact they tried to get them from NARA?

Have you yourself attempted to get them ( I am assuming you mean your SMRs) via NARA?

" I am disabled and drawing Federal Disability of $1170 a month. I filed for my VA disability pension rating over 5 years ago,"

Is it possible the Fed Disability system procured your lost records and might still have them?

Do you also receive SSDI?

The SSA ,much to my surprise when my husband applied for SSDI years ago, had all of his SMRs and VA med recs on a large dolly, what a stack, and the SSA let me go through them quickly with his permission.

I really got pissed because VA had sent him a letter saying they had no record at all at Newark VAMC of any medical treatment he had received there.

The SSA stack however had a bunch of Newark VA medical records that were critical to his pending VA. claims.

Edited by Berta (see edit history)
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"denied due to VA losing my medical records and currently on appeal.

Do you have copies of your inservice SMRs as well as any private treatment records?

Answer: No copies of any service medical records, very thick file of private treatment.

If so did you submit those copies to the VARO?

ANSWER: VA has most records except the ones generated by the VA which they don't even list on my BLUE BUTTON. Don't know how to get the VA to recognize their own records.

Va has an enhanced Duty to Assist when medical records cannot be found.

http://veteranclaims.wordpress.com/2009/04/05/missing-records-advancement-on-bva-docket-due-to-age-daye-v-nicholson-no-05-2475/

Are you able to scan and attach the VA's Reasons and Bases here for the denial? Cover your C file number, name and address before scanning it.

Sometimes we need to see the exact verbatim wording of denials......

How do you know the VA lost them?

Do you know for a fact they tried to get them from NARA?

ANSWER: I even tried MILPERCEN records request and they replied they couldn't be found.

Have you yourself attempted to get them ( I am assuming you mean your SMRs) via NARA?

" I am disabled and drawing Federal Disability of $1170 a month. I filed for my VA disability pension rating over 5 years ago,"

Is it possible the Fed Disability system procured your lost records and might still have them?

ANSWER: No, no records.

Do you also receive SSDI?

ANSWER: No. I receive Social Security Disability.

The SSA ,much to my surprise when my husband applied for SSDI years ago, had all of his SMRs and VA med recs on a large dolly, what a stack, and the SSA let me go through them quickly with his permission.

I really got pissed because VA had sent him a letter saying they had no record at all at Newark VAMC of any medical treatment he had received there.

The SSA stack however had a bunch of Newark VA medical records that were critical to his pending VA. claims.

ANSWER: I requested records a long time before filing for either VA or SSD.

I've applied for VA Pension w aid and attendance/housebound. http://www.benefits.va.gov/pension/vetpen.asp

Thank you for replying.

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I am lost as to what you can do.

"Do you also receive SSDI?

ANSWER: No. I receive Social Security Disability."

Sorry for the acronym. Social Security Disability is what I meant.

They need military service records to add them to your credited working years as a civilian.

I guess the SSA didn't have them either. ???

We were at the SSA office that day when I found VA stuff they said didn't exist because the SSA woman mentioned to my husband that her son was in the Navy and my husband answered he was too as well as USMC. She then said she needed his Navy DD 214 to add the Navy wages as work credit for his proper SSDI payment.

I still have SMrs and stuff from a few local vets who VA told their military records were missing.

We got the SMRs from NARA:
http://www.archives.gov/ click on the veterans records button and they will take you step by step to the SF 180 form.

I assume you did this already but this info might help someone else.:

Once the SF 180 is filled out, copy, and then print off the bar coded page, copy that, sign it,and mail it with proof of mailing to where the 180 form tells you to.

Also the VA sometimes puts VA med recs into storage. It is a depository in St Louis, MO. I dont have the link but someone here will chime in.

I am not quite sure what records you mean are missing....your inservice medical and personnel records or your VA treatment records???

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