I Emailed Bob And The Wheels Started Turning The Right Way!

[airborne82_11b2p]

"MR. Secretary,

I am writing this to ask your help in a situation. In June I filed multiple claims, including Chronic Fatigue SYNDROME (closest thing on claims drop down) and joint/muscle pain. I also claimed sleep apnea and headaches increase (which were both resolved favorably). During exam VA Dr stated that sleep apnea was caused by exposure to toxins during gulf war. He also states in the same report that I have chronic fatigue and random joint/muscle pain which are undiagnosed illnesses and were at least as likely as not caused by the same exposure.

These two were deferred. VRO apparently contacted va Dr and asked if I had been diagnosed with fibromyalgia and Chronic Fatigue SYNDROME, which of course he said I hadn't...... They are UNDIAGNOSED illnesses according to his expert opinion. VRO sent me denials for both Fibromyalgia (which I never claimed), and Chronic Fatigue SYNDROME.

I have since filed a claim for undiagnosed illness (gulf war). I feel I have not been treated fairly in these cases and should not have had to refile when there was medical evidence in my file clearly stating that I have undiagnosed illnesses at least as likely as not related to exposure in gulf war where I served as an Airborne Infantryman with the 82nd Airborne. I'm not sure if I did the right thing or not, but I thought there is a duty of those looking at claims to consider all evidence. I still feel my start date for these claims should be June when I first filed. There are plenty of lay statements supporting these claims, as well as a VA Doctor advising they are undiagnosed illnesses as least as likely as not caused by exposures during the gulf war. "

The next day I got a reply saying they were having leadership look into it. Today I got a call from someone at va with the ability to fix errors. He went through the issues and stated he was canceling out the denials and granting sc for both claimed undiagnosed illnesses. He also stated he was adjusting some granted issues claim dates as they had been entered later than they should have been.

Bob is the man in my book......

[Berta]

GREAT NEWS!!!!!!!!

I contacted MS Hickey the Under Secretary and the wheels started to turn fast for me, too.

That is, my VARO who did not even acknowledge my 2 claims for 2 and a half years, sent me 2 bogis decision and now my claims are on supposed to be at VACO.

Because my VARO cant read.

If more vets and survivors contact Sec Bob or MS Hickey, the VA upper echelon will have a better picture of the crap we put up with.

I told Ms Hickey that we claimants didnt cause the backlog, these regional office did that.

because they are unwilling or too illiterate to properly handle our claims.

"I'm not sure if I did the right thing or not, but I thought there is a duty of those looking at claims to consider all evidence. I still feel my start date for these claims should be June when I first filed. There are plenty of lay statements supporting these claims, as well as a VA Doctor advising they are undi etc "

Appeal the EED and you are right...They are supposed to consider all evidence as described within 38 CFR 4.3.

I asked Ms Hickey for an assurance that after 2 decades of dealing with my VA, and having them violate that reg, I wanted this regulation fully applied to my pending claims.

I guess I will have to wait for VACO to do that.

But that is OK by me!

Edited March 13, 2015 by Berta

[free_spirit_etc]

This is such GREAT news airborne!!!

The amount of time and resources the VA spends making veterans fight for years for benefits that had enough evidence to be granted from the start is ridiculous.