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WILL821

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Hello Guys and Gals, So forgive me if I'm posting in the wrong place. Last June I submitted a FDC for 6 different items. Last month it was determined by the VA none of them are service connected. I contacted a VSO and they said the va made a determination from looking at 3 weeks of physical theory records even though I have documented MRIs stating sciatica and two different herniations in my spine. NO CMPs, nothing. They just uped and said none of my stuff was connected. They never had my full service medical records. So I sent in my 300 page record and a current screening for TBI and PTSD, along with a NOD and a new FDC for additional items, to include PTSD and TBI. My question is this, I know I have TBI and they screened me for it a month ago. I have an upcoming neuo-psyc test for it as well. What Im worried about is them saying it was not caused by the service. It happened during my first tour to Iraq in 2004. Not to tell war stories, but I was in Fallujah in Nov of 04 during the major operation. It wasnt like I could stop what I was doing and go to medical. I have CAR because of that operation. Will the CAR and the offensive do anything to help my claim when I explain it to the VA?

The new FDC includes the TBI and PTSD. I was diagnosed and given a PCLM score in the low 50s. The same day I was screened for TBI and the report stated I had a moderate TBI, that was submitted as well. When I sent the new FDC the vso had me fill out some paperwork for the ptsd where I had to list the stressor. The entire two months was a stressor so I just picked one incident and articulated it.

They said there was no current diagnosis for my first fdc...but if they had looked in my record they would have seen everything I claimed was in there. Even my final physical stated all of it. So that tells me the Vso was right and they just gaffed it off because they couldn't get my records. Meaning they never looked at them.

So I guess my question is: would the va make a determination without even looking at my medical records? The one time I called the 800 number, they said they were still sending out letters to gather my records? Then two weeks later they made a decision. I don't even think it was two weeks actually. Maybe one.

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It seems the ability to get the correct information is primary malice with the VA.

I thought when filing a FDC you have to send SMR (related to ailment), current diagnosis, and/or current treatment records, nexus, or Independent Medical Opinion paperwork.

I would surmise you probably sent them too much information and the VA rater didn't exam all the paperwork.

Shameful, but unfortunately expected when 300 pages are sent.

I would take BERTA's advice and in the mean while get ready for a NOD.

I would do them individually and only attach paperwork related to the particular claim.

By doing it this way, they have no excuse for seeing SMR's, current diagnosis paperwork, exit examination, paperwork, and treatment paperwork for the exact issue.

Look at it like a book, 300 pages is hard to read from topic to topic, but if you put all like information into chapters it will be easier to follow.

Don't give up, just simplify it for them.............

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My initial claim was for 6 items. They denied them service connected. Said no current diagnosis/no service treatment records/no two more things I don't remember. They said they made a determination based from my strs from 03 to 09. I got out in 2011. And a vso looked up what they had looked at to make the determination and said all they had was a few physical therapy records. I called the va two weeks before I got notice and they said they were still sending out development letters to collect my records. Then all of a sudden they made the decision. How could they make a decision then one week before they were still looking for my records. I, with a vso, filled a nod and sent in a copy of my 300 pages already, along with the new fdc. Another factor that I'm not sure could have influenced it was I moved from nv to dc during the initial claim process. The nv ro sent it to Lincoln for processing. The vso said pretty much they suck. My nod and new FDC is now in roanoke and said they were better. I wasn't even seen for a cmp exam. Maybe now I will. It's been since 2011....I havnt been able to see a doc for a lot of things because I've just been dealing with the pain. I'm not sure what's going to happen. The neuropsychology exam, if I send in anymore pw for the fdc...it will no longer be an fdc right? I'm just very frustrated.

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