Help Please

[kennjj]

Just got my decision letter back from VA everything was denied except for my Hypertensive heart disease with cardiac hypertrophy at 30%, that being said I continue to look at the report in Evidence Considered, they had put that my IMO had no Rationale and there were no link to my disabilities, looking at the full report I found treatment records from Salisbury Medical Center I have never been seen there, for the last 20 something years I have been going to Womack Army Medical Center in service and out (Tricare) no way in the Evidence Considered the mention of Womack Medical Center where the links and Rationale would have been seen. I am just in awe how can something like this happen.

[Navy04]

Congrats on the partial win, and sorry to hear of the other issues. I know how you feel a few years ago my VA Psych Doc asked how my Alcoholism Recover was coming. I informed the Doc that I have never drank or smoke, well after a recent claim, there was records in my file that stated I was a 42 yr old white female Alcoholic, and In fact I am a 33 yr old Hispanic Male, WTH!!! It took me months to get that out of my records. Just call the RO and state your issues, and fax or scan the wrong info. Good luck and God Bless

[Berta]

If the failed failed to consider probative evidence ( such as the Womacjk medical records, they have committed a clear and unmistakable error and you might be able to get this resolved by asking them to CUE ( call a clear and unmistakable error) on the decision.

Do you have a copy of your Womack Medical records?

Are you sure the VA had them?

Did the IMO doc mention them in their IMO and review them?

Their lack of considering a lot of my probative evidence has caused me to file many many CUEs against them.

Are you able to scan and attach their Reason and Bases here (cover C file, name, address prior to scanning) and the evidence list?

I think they pull this BS more than ever these days.

And another vets records again are in the wrong file, (the Salisbury records) probably causing him or her a denial too.

I have asked this question here before many times, and no one answered.

VA used to require the claimant fill out and sign an authorization form for the VA to obtain SSA records and other non VA medical records.

I dont think they need that form for SSA anymore and can directly obtain them from SSA if they are aware that the vet is on SSDI.

But what about non VA medical records ? Is this form still used as a copy of it the veteran retains, proves they identified med recs VA should consider.?

Kennjj, did you fill out something like that?

Those Womack records might even be right there in your med rec or C file.

After I was told a critical peer review report for my wrongful death case against VA ,"never existed"....after the doctor who prepared it and the Regional Counsel retired (both who verified to me VA had it)

I found the non existent report many years later at the bottom of my C file.

You said:

"I am just in awe how can something like this happen."

I used to be in awe over their errors decades ago and now I think half of the people at the RO cannot even read.

The Director of my RO proved to me she does not know basic VA case law.and gave me by phone a reason for a CUE award,they made ,but that denied the additional accrued payment.

The reason is not in the decision they sent. I guess she thought I would buy the BS she was selling.

A Chief from C & P in VACO, DC told me I already got paid the entire accrued amount.

I had only received 6 months of a 22 month accrued award.

he called me from DC and said another C & P person was there with him reading the PC screen showing the VA had paid me the entire amount.

I contacted the IG. Someone, per VACO got 16 more months of 100% plus SMC, accrued due to my dead husband's original 1151 claim, and it sure wasnt me.

I am either a VA fraud victim, or a victim AGAIN, of VA incompetency and illiteracy.

You are not alone.

If we know more about that decision, there is plenty of info here as to how to prepare the CUE claim.

My last CUE claims were only a few paragraphs, very easy to prepare in minutes, because they violated my evidentary rights in 38 CFR 4.6.

[Buck52]

I agree with berta,

There's no better way to file a cue than what they did with your claim, failure to present evidence & denied on the VAs part opens the door for your CUE.

File it soon, if your sure they never used the ''Womack Records '' as evidence or never used them in anyway.

.....................Buck

[Fat]

CUE..............

Failure to consider relevant medical evidence in making the decision.

Also, using non relevant or inaccurate information in the decision making process.

Not considering relevant material seems to be a big contributing reason for denials and the backlog.

NEVER GIVE UP

[Berta]

This is basic VA 101 and it has never changed in decades...38 CFR 4.6

§4.6 Evaluation of evidence.
The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

“b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. “

Source: September 23, 2004 M21-1, Part VI

This is the M21-1MR version.and I usually claimed this one too was violated. This has a change date but nothing has changed the basis and meaning of our rights within 38 CFR 4.6.:

Change 118

______________________________________________________________________________
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity
Compensation

Sec. 3.159 Department of Veterans Affairs assistance in developing
claims.

(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Competent medical evidence means evidence provided by a person
who is qualified through education, training, or experience to offer
medical diagnoses, statements, or opinions. Competent medical evidence
may also mean statements conveying sound medical principles found in
medical treatises. It would also include statements contained in
authoritative writings such as medical and scientific articles and
research reports or analyses.
(2) Competent lay evidence means any evidence not requiring that the
proponent have specialized education, training, or experience. Lay
evidence is competent if it is provided by a person who has knowledge of
facts or circumstances and conveys matters that can be observed and
described by a lay person.

Edited June 28, 2015 by Berta

[kennjj]

I do have my c-file had them about 2 years and yes's VA have them I have been dealing with va sense I retired in 99 this is the first time it had not been in the evidence considered. The IMO Doc I used use the same format thats on this site matter of fact it's a Doc from here he mention everything dealing with my Heart, my Sleep Apnea and Tu and how it should go back to when I retired Cue). They have everything everything they just refuse to look or recognize it. The biggest thing for me is how could they have denied my Hyperaldosteronism they have been trying to figure out for the last 15 years or more Va finally found out what was causing it in 2013 (see below) . The reason was it didn't occurred in service nor was it caused by service (BS) also they denied my pulmonary hypertension and left side heart failure is one of the main cause of this disease. Each of these disability carry a 100% award I guess that's why I'm having this problem. I don't know where they got mix up with Womack and Salibury VA but I will get to the bottom of it. Ok for some good new on Friday night I sent out a email and on Sunday morning I got a call from a VA Manager from the VA in Winston Salem He said that Montgomery AL. is handling my claim and he could not see why Salibury Va records was in my file or how they came to there conclusion and they will giving me a call next week to explain to me whats going on. Anyway just in case things go south I have gotten in touch with a Lawyer from here also he's requesting my c-file so have to wait and see what happen. I am not worry I know things are in order once they take a look at my Womack stuff I hope they can figure these links and IMO out if not I'm ready for that to. I want to thank all of you guys if not for this site I would have been lost. Anyway I'm good I also had a FTCC file for me on May the 15th I don't think he would have took my case if it wasn't a good one ( VA, Womack) I'm ready for the fight. Still happy with the 30% even those it means I have a heart condition same diagnose from service. I will see what goes on next week I will keep you guys inform. Thanks again!! One more thing I had a Buddy statement also no mention of it crazy.

PROBLEM #1: Hypertension with Hypokalemia, with hyperaldosteronism but no
aldosteronoma, controlled
Subjective & Objective:
This 56-year old African American Army Veteran male had hypertension for "a
very
long time," and his blood pressure had been fluctuating and very difficult
to
control. He was on Metoprolol, Micardis, Adalat, & HCTZ when transferred
care
from Womack to Fayetteville VA Medical Center in 2006, and he was also found to
have low potassium level 3.2 L (3.5-5.1). Hence potassium chloride was added,
which kept his potassium level around 3.7. First Aldosterone level on 12/16/13
18 ng/dl (normal 3-16), with plasma renin activity 0.94 ng/ml/h (0.25-5.82). BP