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Is This A Common Error With The Vba And How Can This Info Help Me, And Finally What Do I Do Now?


Tommywvivid
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Ive posted before about finding my STR's, but please read as i am seeking answers.. thank-you all........at that time the soldiers started coming gone from iraq and afganistan with tbi and PTSD...i had the same symptoms, and i realized that i needed help.not only filing for my claim, but locating my records so in2012i once again filed, but this time, i foind some of my buddy's with whom i served with and they wrote Statements as to what the remember all-out that day. I also had included the MRI AND letters from my doctors... And i sent 3 requests to NPRC, NARA,, WHICH I have as proof and according to my VA caseworker i had all the correct evidence...and once again i ws denied...the buddy statements i submitted were deemed to be, "not credible ", according to the VA...

.now here's the best part.

.i wrote a letter to my congressman Scott Peterson, and his assistant, Sarah March, has stepped in to help me. I demanded to see my STR's at the VA regional office here in mission valley, san diego, ca...as I'm sstarinatg the VA officer s computer he cclickons my STR's and i immediately,flipp out...these werent even my records they were a veteran by the name Raymond Swear...in the in 1953...i immediately call congressman peters office, that was Dec. 8, 2014...i opened an appeal in Aug.and it hasnt been looked at since then...then on Dec. 10 2014, Raymond Swear entire medical records were delived to me...major breach of patient confidentiality, just for starters...i could go on, but when u view my file, i hope ufeel as frustrated as i am i continue to live alone, except for my service dog, i look forward to hearing from u soon.. I have made copies of my case, and its backed up on USB.., HERE IS MY INFO

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When service treatment records are lost/missing va has an Heightened Duty to consider lay evidence, buddy statements etc.. Sounds like they made an credibility determination based on someone else's medical records, based on the the information you provided above....If the dro knew these records were not yours I don't see how the credibility issue is valid. Get this to bva soon as possible because they are better at evaluating evidence than your local jackas3$/& at you varo....JMHO....after many years of va bull dealing with my lost service treatment records, but once I got to bva they saw straight thru va's bull and awarded service connection. Without those records they can't make an credibility determination other than what you and your buddy statements say.Read Buchanan v Nicholson. ...Very powerful decision. ...Don't give up on this, you will win if you stay the course. ...

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Also va needs to make a determination of whether your service treatment records are FUTILE to continue searching for.Without this determination they will drag this on for years on appeal's and remands before conceding they can't find them.Use the letters from NPRC, stating they no longer have them and you don't have any to get the "FUTILE" then continue prosecuting your claim/appeal. Do not miss any deadline's. Keep us posted for help.

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Read my decision from bva at Docket no. 12-05 464 .Year of decision is 2014.This is my case and how I dealt with their bull.

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I sure feel your frustration.Welcome here.

"And i sent 3 requests to NPRC, NARA,, WHICH I have as proof and according to my VA caseworker i had all the correct evidence...and once again i ws denied"

I assume you did get a copy of your STRs from NARA? And you submitted them to VA? Or did you get a letter from NARA teliing you that they had been sent to your VARO?

You have 50% and I sure assume the RO had your STRs when they made that decision.

I suggest that you file an IRIS complaint.

At the main VA aite (www.va.gov) go to the Contact US thing in upper right hand corner of the main VA page, then click on Ask a Question and tell them what you told us here.

They denied your claim based on someone else's SMRs and also violated that vet's privacy by sending his records to you.

But first tell them the alphanumeric code in the upper right hand side of the denial, where they put the letter's date, (that is the last person at VA who handled this claim), and tell them you want them to call a Clear and Unmistakable error on the decision you just received.

And that they violated 38 CFR. 4.6, by ignoring probative evidence...your STRs, which they had when they rendered the 50% award. ( also if you yourself had sent them to the VA)

Tell them you are sending a copy of the IRIS complaint and their IRIS response ( the complaint box has to be filed out.It is a pop down)
to the Secretary because of their erroneous denial based on another veteran's STRs..

Put his email addy into the complaint so they know you mean business.

Robert.A.McDonald@va.gov (dont forget the period after Robert)

I went through some BS like this in late 2011. This above suggestion is the same way I handled than.

I also faxed my VARO along with the IRIS complaint.

We have fax numbers for VARO directors and VSCMs ,what RO is it?

They cued the erroneous denial I got in 3 weeks and my award came about a week after that.

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Just to add:

"the buddy statements i submitted were deemed to be, "not credible ", according to the VA..."

If VA was comparing the buddy unit and branch info, and dates of service to the wrong STR info, that is probably why they were not considered "credible".

You cannot even file a valid NOD because they screwed this up so much.

And hopefully the other vet, Mr. Swear, is not a claimant.Because he got screwed too.

In October you posted here:

" Posted 14 October 2014 - 05:14 AM
Yes my claims rep said, since my SMR is nowhere to be found, they would work and they reopened my claim, administrative review, it was denied. Reason? Lost medical records and, and I qoute" less than credible statements.#1 statement was from the soldier in my company who took me to the hospital. #2 is from now a SFC retired who picked me up from the ER. both I found on Facebook. Could not believe it! "

and this post too:


You did the leg work you needed to do. Did you claim the scars as well for the head injury?

."The VA says we see that you have a head injury, as per the MRI, but there's no proof it occurred while in service.????"

You got great Buddy statement info here in the past and I am sure your buddy statements were CREDIBLE.

Did VA expand on why they weren't? (Of course they were looking at a different vets STRs.) Ridiculous.

Some claimants here have been very successful by contacting Allison Hickey at VA Central. Her email addy is here somewhere.

A formal Congressional Inquiry ( by formal I mean they send you an autthorization form and then they send the VA a letter) can add many months to a claim.

The Buffalo VARO blatantly lied to Senators D'Amoto and Mohnihan, and to my Congressman, many years ago, with some out right BS.

It took months to get the results of these congressional inqueries and I was so angry that ,with one phone, I got it all straighened out myself.

I should have made that phone call sooner.but in those days I never dreamed VA would lie to congressional entities.

But yes they will

Edited by Berta
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Thank-you Berta, Very good info and ill let you know how the progress is going!!, I always get excitied, when i get some guidence and direction as to a possible resolution to my case!

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