Confused

[Rude1122]

I put in a claim for IBS and fibromyalgia 8/15. I had a. DBQ and all my medical and buddy statements and all the the other proper forms sent electronically. In march they asked for 21-4142 to get my medical records from my doctors or get them my self. I called the 1800# and they said that they see all my medical records and don't know why they are requesting this. So I sent them again anyway. A month later I see they reopened a old claim. Then it showed up I was claiming anxiety and depression secondary to IBS. I never did this. Now I get a letter saying my old claim was denied because I need new evidence to open it up and they are giving me 30 days. Also the anxiety and depression secondary to Ibs was denied because the I am not service connected for IBS. Like I said I never asked them to reopen my old claim or tried to get a secondary claim they did that. All I put I'm for was Ibs, and Fibromyalgia. I know 9 months isn't long for a claim but I sent in all the documents and I am still at gathering evidence phase. They have no evidence to gather I did that. I am afraid the 30 days will go by and then they will ask for for the evidence again. It's like they are stalling. Any ideas in what I should do?

[Navy04]

I have filed 4 FDCs in the last 2 years with all of the Evidence, DBQs etc, yet I was still required to have over 30 C&Ps. I don't know exactly what you are asking bud, but if you were previously denied a claim and want to reopen that condition, then you have to have new medical evidence.

[Rude1122]

I didn't want to reopen the the claim I put in 2 new claims. They reopened a claim on there own from over 15 yrs ago and are asking for new evidence. I never asked them to reopen.

[Rude1122]

I only put in for ibs and fibromyalgia. I am gulf war vet. Never asked them to reopen old claim from 15 yrs ago

[Berta]

yes, this seems to be a stall tactic. They did that to me.

They opened a 'new claim' they were "working on" per 800# but I had 2 issues I had pending.

I won the basis for the "new"claim already , that is I have DIC awards under 3 separate theories.

They could easily have awarded DIC again under Nehmer AO IHD.but who would get the cash?

I contacted the IG and thn the new claim was removed.

Ignoring our evidence is one of the biggest VA scams yet.

Can you scan and attach that letter here? (Cover the personal stuff -C file #,name, address)

After 2 1/2 years the VA actual worked on my claims.

I have contacted Sec Bob, Ms. Hickey, the General COunsel, and about 4 others at VACO because they still refuse to read my evidence for the additional pending claim. I had this problem many times in the past with the Buffalo VARO.

( one claim was denied but reversed right away when they read the evidence)

The pending claim's evidence was verified that they had it via a call from the RO, yet they still refused to read it.

They did award the claim but said the "payment remains unchanged"...with no Reasons or Bases for that.

The director called me and gave me an absurd reason they wont pay me ( against VA case law)

But Jeff Henderson,Chief, Quality Review and Consistency (214C)

Compensation Service

from VA Central called me last week and said the PC he was looking at ( he even said someone else was on the line with him, and probably looking at the PC too,

..he said the VA had already paid me 100% plus SMC accrued for 22 months. I asked him, since I only got 6 months accrued in 2012, who got the money?

he said it might be a problem at 'finance'.

I contacted the IG right away again.That additional accrued amount for 16 months involves a five figure award. I sure didnt get it.

You need to do something right away.

I suggest go to www.va.gov, and click on the Contact Us thin, then click on Ask a Question, then click on the Complaint section, fill that out, and then tell them what you told us here,

I last filed another CUE via IRIS on my claim. The last time I did that they reversed a denial in 3 weeks.

Prepare what you tell them in a word program, then copy and paste it into the complaint inquiry area.

Give them the date of the letter, name of the VARO and the initials in th numeric code in the upper right hand side of the letter.

Have they sent you a 5103 form yet?

I didnt get one until I contacted Ms Hickey.

The contact numbers for Sec Bob and Ms. Hickey are here at hadit.

In Feb 2015,I got the "we are working on your claim letters",and the 5103 form.

I stated my evidence again with brief descriptions on the form and stated John Wagner had verified receipt of this evidence by phone call the week before.

he said he would give the evidence to someone to make a decision 'right away'.

The decision I got defied VA case law and M21-1Mr. but per Mr Henderson at VACO....someone already got a proper award letter

regarding my claim, I guess and more importantly, they got my money.

You must react.ASAP.

allison.hickey@va.gov

Robert. McDonald@va.gov

If you tell us the VARO this is , I probably have some contact numbers for them.

[Berta]

You might have a Cue basis, which resolved my other VACO complaint in 2011.

But I need to see the actual wording of their letter and any enclosures they say they sent to you , and then I could write the CUE for you and post it here to send to IRIS ( Their Contact us section)so I hope you can scan it and post it here.

I always suggest one should request a email or snail mail reply from IRIS, because, as I well know, by phone they wiil make crap up and lie.

[Rude1122]

Thank you. I will be able to use a scanner tonight possibly and will work on that.