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

[Tommywvivid]

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

[Tommywvivid]

Thanks for all the help, I hope. this is especially for georgiapapa and Berta, after I emailed Allison she responded within 4 hrs stating that she had contacted the director of my Regional office in Southern Ca. that then was followed by an urgent VA staff in my hopes to finally grant my award from this TBI injury that happened 20 years ago. first the Director himself apologized for the mix-ups and let me know that the Director of the DRO's would contact me...the next morning he ( DRO Director called and said we are going to separate these two medical records that somehow got into your file making every claim of TBI you requested denied. After I do that then I will review the case including buddy statements that you sent us, that were deemed "not Credible". I was so happy for this news, then he said are there any documents pertaining to the assault? Uhhh, uuhhh, (????) There should be It happened on base and the MPs were the law, I went to the emergency room at the Military hospital, a Military detective took a police report, But isn't that why we are going through this whole ordeal....I could not locate MY in Service Medical Records, and the VA says they didn't have them , you should already know the answer...MY Medical records sitting on your desk never made it to me so HOW WOULD I know if its documented, I felt, as if, once again, the VA thinks i'm trying to BS them...REALLY?, Now maybe i'm being irrational, but the director of the DROs said that he want to wrap my claim up by the end of this week, then some person called me this morning and made a very brief conversation saying" There wasnt an exit exam done when you got out of the service im sending a notification letter.... That seemed very strange, I REMEMBER the exit exam, but i'm like really?, there should be all kinds of documents in there not just the one saying that there were/were not sacrs from the assault.To me it sounded like a denial of my claim, But like I said I may be overreacting,

i CANT SLEEP, because ive waited since 2004 when i first filed ( at that time i had no idea of compensation, I was told that if I was injured, service connected I would be given free healthcare, for this, has finally been acknowledged. This injury that has altered my entire life,( Its personal) constantly forgetting things misplacing items and the list could continue ad infinitum.

But Hopefully, (praying)...that I dont have to worry as much as how am I gonna Live off of my 50 % PTSD comp. but rather spend more time in cognitive therapy and maybe even be able to afford a small trip here and there.

. Its only thurs. evening So Ill know more later, thanks for all your support!!!!!!!!!!!

[ketchup56]

Sounds like the dro was maybe trying to get you to contradict what your buddy statements are saying. If like I stated above they indeed don't have any service treatment records to contradict the buddy statements they must give you the benefit of doubt and award. Did you find out by correspondence from va that your records are FUTILE to continue searching for. They won't tell you this but without the notice the buddy letter's becomes your nexus and events of what happened during military service and they must award.

[Fat]

Interesting case. Keep us updated.

"NEVER GIVE UP"

[Berta]

"Under Secretary Hickey served 27 years in the United States Air Force on Active Duty, in the Air National Guard, and in the Air Force Reserve, retiring with the rank of Brigadier General as the Director of the Air Force’s Future Total Force office at the Pentagon. In this role, she was responsible for shifting billions of dollars toward new capabilities across the Air Force portfolio and directing new organizational models for a worldwide, 500,000-person organization. Under Secretary Hickey is a 1980 graduate of the U.S. Air Force Academy, the first class to include women."

More at http://www.va.gov/opa/bios/bios_hickey.asp

She responded to my inital email within hours, the Director of my VARO called me 2 days later, and the latest is that Ms. Hockey appears to have contacted 3 others at VBA and it looks like my claims and stuff might be shipped to a different VARO.

Believe me that would be GREAT!

I have had documented problems with this VARO that began 20 years ago.

And I mentioned in social I think, all of my awards came from the involvement of other VA entities, my RO Never got it right the first time around, and copies of my 53 USPS tracking slips of evidence (sent up to Shreddergate) they ignored that was in my H VAC testimony, caused me to contact Ms Hickey because

as Dr Phil says, "past behavior predicts future behavior" and I wanted a VBA assurance that my rights under 38 CFR 4.6 will be

fully implemented this time for my 2 pending claims.

Violation of that basic VA 101 reg is what put me into years of the backlog.

Claimants dont just 'fall into the cracks" with the lack of proper adjudication and consideration of their evidence. .

Someone puts them there.

[Tommywvivid]

Hickeys last response was yesterday morning and she said, "I am going to ask my records management staff and leadership to search high and low for these law enforcement documents to assist or see if the RO can take it on the buddy statement." should I ask her about a timeline or do you think she means bizness, like she wants answers soon? just curious, I dont want to bug her, so Berta what do you think?

[Berta]

I sure wouldn't ask her for a timeline.

She stated what she would do, so best to let that play out.

I am in same circumstances.

After the director of Buffalo VARO called me, due to my email to Ms. Hickey,

I was ready to do what she suggested (although it didn't make sense but she also gave me her phone number and remembered me from the past ( which is good and bad HA HA)

but then I got another email from Ms Hickey , a change from what the director told me to do, and which I felt was a far better solution.

I am willing to be patient .As Ms Hickey knows, I was in the backlog for almost 2 decades (all totaled up), because my evidence was consistently ignored by my VARO and it took other VA entities to read it and award those claims.

.