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Hello again everyone. I recently received my records from the National Archives. My case goes all the way back to 1988 when I first filed with VA for back pain and was denied (reason - preexisting condition), and again in 2006 and was denied again (reason - preexisting condition). I was hoping I would have been awarded due to a service aggravated condition.
I've attached my MEB and PEB findings from 1988 and was hoping Berta, Asknod, along with any others, could take a look and give an opinion. I had no issues during basic training and AIT. I was injured two weeks prior to the start of active duty, after being in the reserves two years, in a motorcycle accident. I was injured again during field training a few months after being deployed into Germany. From there I have a clear record of treatment afterwards thus leading to the MEB/PEB findings and discharge.
This past year I was finally granted medical care access by VA after 27yrs. The VA had kept saying I wasn't eligible prior to this because of the 24-months of service rule even though my discharge or DD214 clearly says "Physical Disability with Severance Pay," which nullified that rule. So I'm finally getting treatment for my back, anxiety, depression, sleep apnea, and a number of other issues for which I'm grateful.
When/IF I get the C-File, I'll post those earlier VA decisions and more information. Five months ago DAV sent a FOIA request to VA for my C-File for which I am still waiting a copy and status update. Neither the VA nor the DAV Cleavland office has responded to my emails or messages left. Ebenefits shows the request was closed in August of this year so I'm not sure what else I can do to get them to give me a copy.
As always, thank you all for your input. This site is an incredible resource in navigating the VA maze. I have learned so much here. Thanks again and I look forward to your help.
Manonfire, have you tried contacting your local congressman's office, explain your situation, they should be able to speed up your cfile being sent to you, it helped in my case, good luck
Hi Flores97, even better - I emailed Bob Mcdonald. The head of records callled the NEXT morning!! I finally got a copy. What has been missing has been the Meb/Peb findings. I've since resubmitted the claim and just got notice that C&P exams will be scheduled soon. If they reject it this time then I'm tossing it to a lawyer. Too bad I can't sue for aggravation. Stay tuned.
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