Basic Question About Records Collection For A Disability Claim

[rootbeer22]

Folks:

Although I filed a FDC Claim with all of my DOD, VA and Civilian Medical Records and all were provided to the Regional Office "hard-copy" , I was under the impression that VBA still automatically requests a Vets Service Medical Records (SMR's) from DOD as well as all of the VA Records to be loaded into the new VBMS System because of the "Duty to Assist" Requirements - even if it is duplicating the records that I've already sent in and they have? IS this True?

Recently, "ebennefits" is saying that I need to load even more evidence? So, I called the 1800 number and was told that it's their (VBA's) requirement to get the evidence that is being referred to and that I should not worry about the ebennefits notification because it's very outdated? The VBA Rep said, that they were looking at the screen with my information right then and that everything in my c-file was in good shape for my claim with the exception of a couple more C&P exams that I'm scheduled for this week?

But, I've been told many times before even if I had any new records and added them that my claim can be taken out of the FDC Program altogether? Finally, I'm having movment with my claim again, so I do not want to risk it?

Has this happened to anyone before and what did you do?

Edited February 23, 2015 by rootbeer22

[Scotter04]

Recently, "ebennefits" is saying that I need to load even more evidence?

Rootbeer,

This happened to me back Jan as well. I too, called the 1-800# and was told not to worry cuz it was just notifying Seattle and American Lake VAMC's to schedule C & P's . According to Ebennies they have until 3/21/15 to submit all info regarding my two current claims. I had my two C & P's ( sleep apnea and tinnitus) earlier this month. So now it's just wait n see on the outcome. Checked Myhealthevet and as expected the Sleep Apnea Exam was not so good, but the exam for the Tinnitus looks to be in my favor.

[rootbeer22]

Scotter04:

Thanks for responding,

Two of my claims are for those same issues as well. From what I have read, the Tinnitus is mainly based upon your MOS Speciality and how much exposure you had to mechanical and environmental noise you (we) had in the military. Were your sleep apnea studies and SA diagnosed while you were in the military and at a military medical facility? That seems to make a diffrence these days.... I have Severe OSA and really hate it and what it does to my work productivity and overall life....good luck to you...and I hope you get what you expect...

[Scotter04]

Rootbeer,

My Career Field (MOS) was as a Fuels Specialist in the Air Force so I was around running aircraft, pumphouses, vehicles pumping fuel to the aircraft. FL 10-35 shows my job as Moderate exposer and the C & P examiner wrote in the notes a "least likely as not" so I'm hoping the tie goes to the vet. I have only been dx with SA since 2012 but have had it since 1992 while in service. I snore constantly and stop breathing in my sleep often so I use the CPAP and it works wonders other than it being uncomfortable. I was young and knew nothing about SA in the service so I never complained. It along with the tinnitus and insomnia make it hard to sleep at night and it affects my daily life and work. Along with the SA C & P they included the GW C & P to see if that had anything to do with the SA. The examiners notes don't look favorable for SC so we'll just wait n see.

[rootbeer22]

Scotter04:

So, you may try the option of obtaining an Independept Medical Opinion ( IMO) to support your OSA case? It will cost you but in the end, if you obtain a 50% rating, it will be more than worth the expense in the long run to show the linkage to the military. Although, I've not done one yet, I hear it avarages about $1,500.00. I know what you mean about not complaining? It's not in our nature as service members to complain during our careers because it could affect one's chances for promotion and opportunties? I was involved with a Tank Accident and later a Tank Explosion early in my Army Career as a Tank Commander which injured me significanlty but I was always worried about the impacts on my career. My wife was the one who said, you're in severe pain and need to get it treated despite the impacts on your career. Lucky for me, I was able to stay 22 years but it got tough to do the required physical fitness towards the end. That said, although I see a prominent pain specialist for my issues, I live with my service injuries as a constant reminder of my service every day. But, I knew the risks when I joined.....and really loved the military...

Edited February 23, 2015 by rootbeer22

[Navy04]

You can always submit evidence that you really believe would benefit your claim, but remember that the dang VA can always try to prolong your claim. I am the type that always mails, and uploads evidence on Ebennies when I first submit my claim online, so that the evidence is there.

[63SIERRA]

I would not have confidence in the VA to gather evidence even though it is thier job. I would submit everything that could help my claim. if its redundant, its better than non existent in the C FILE.

I recall being told by my DAV rep before I dropped them.. " they have everything, dont worry abt it"/

well surprise, they didnt have everything., whether it was intentionally omitted or just not stuffed down thier throats, I dont know, but now they get everything served on a green card.