2nd Rejection - How to proceed?

[USAF-Vet]

Historical context: Filed with AMVETS Oct. 2014. File received by Oakland VARO Nov. 2014. Claim closed due to "no evidence of service connection" March 2015.

Filed NOD with DAV June 2015 - VARO VSR called me and suggested I submit Reconsideration. Withdrew NOD end June 2015 for Reconsideration.

Filed Congressional complaint July 2015 to help obtain Service and Dependent medical records from VA Archives. Service records scanned/uploaded to VBMS July 30, 2015. Rest of Dependent medical records and additional Service medical records received Oct. 2015 from VA Archives. Everything scanned into VBMS.

Dec. 8, 2015 - received 2nd rejection for service connection from Reconsideration. Still claiming "No evidence that the disabilities occurred while you were on active duty" even though they have nearly 1,000 pages of medical documentation and I also uploaded specific copies to EBenefits for each claimed condition so they didn't have to go looking for it.

Letter states I have 3 options:

1) submit new evidence (which I already did).

2) File an appeal (NOD) which I did in June but was advised by VARO not to do it.

3) Identify a clear and unmistakable error in prior decision.

The initial Processor NEVER REQUESTED my medical records from the VA Archive...that is why I had to do a Congressional. Because the VARO never requested the records, they closed my claim without allowing me to have a C&P exam.

Personally, I feel as if I am being discriminated against because I am a FEMALE who was on Active duty and then became a dependent. My DAV Rep. said he has had communication with the VARO questioning why it took me all these years to file a VA Claim, why did I wait until after my husband filed his in 2010 when he retired....because I wasn't even aware I was eligible until 2 years ago when I became employed by VHA and the Veteran's I worked with encouraged me to file. I wasn't even willing to acknowledge I was a Veteran until 2 years ago because of the hostile work environment I dealt with when I was on active duty. When our base closed in 1992, my husband wanted to drive down the road to the Engine shop where I worked and I had a panic attack, told him to turn around. I have physical and emotional scars from my Active duty service which I have been dealing with on my own suffering in silence. Now I'm being beat up again by the VBA over my service. What is the problem? Do people not realize there are Women Veteran's and many of them such as myself were completely unaware we were eligible all this time because we never received any exit briefings regarding VA benefits? I believed all these years that benefits were only for Retired Veteran's such as my husband until 2 years ago when I learned otherwise.

Please advise. I will be calling my congressional staffer and DAV rep. today. I am so upset I'm considering contacting a couple of Senators. I might contact BOB as well.

[waccamawwild]

I am a guy and went through this with a claim for Bipolar Disorder. The VA ignored my evidence which was limited to one page in my military medical record. You know what I downloaded the forms from all three congressman's website for release of info so they could assist. They will also send this too if you call their office and speak to someone on their staff. I filled out the form and asked the congressman's office that they submit my medical info on my behalf as they were ignoring my medical info. I even sent the congressmen a copy of rating decision which showed key evidence was missing. The VA FLAGGED my file which is their way of saying a congressman was involved. I did this while was waiting on my appeal for DRO "de novo" review. Guess what? The VA recognized my evidence, sent me a letter admitting they had the evidence and granted my claim for Bipolar Disorder during a de novo review with DRO at regional office. THEY HAD TO RESPOND TO THE CONGRESSIONAL INQUIRIES AND THE CONGRESSMEN SENT ME COPIES OF WHAT THEY SAID WHEN THEY RESPONDED TO THEM! Hold their feet to the fire and you will win!

[Guest]

The Crazy one here, well here I go sticking my foot in my mouth again but always remember to get service connected you will need three things.

1. An in-service injury/disease.

2. A diagnosed and current condition.

3. A nexus (a medical opinion) connecting 1. and 2. together with a good medical rationale.

Ok. I am not trying to be insensitive but you say you work at VHA so you should be well aware of all the cr*p that VA put veterans through. I am not sure about your time line but you will have to show some type of connection and continued treatment from the time you were in service to now. VA loves to say that a veterans' condition in service was acute and not chronic and deny a veteran claim, so you will have to connect the dots for them.

Letter states I have 3 options:

1) submit new evidence (which I already did). You can get an IMO and go from there.

2) File an appeal (NOD) which I did in June but was advised by VARO not to do it. Always keep in mind that you have one (1) full year to file a NOD.

3) Identify a clear and unmistakable error in prior decision. At this point in time, your claim is not ripe for filing a CUE claim because it has not been a full year.

[Gastone]

I'm not clear, did you withdraw your 06/15 NOD? If so, refile it and request a DRO Hearing. Requesting the Hearing will give you about 1-2 yrs to get all your Ducks in a row as far as firming up the necessary SC Medical Nexus. You will still have the BVA Hearing as a backup.

If you care to share redacted SMR evidence that you believe supports your request for a SC, it might be helpful in understanding and providing suggestions.

Semper Fi

[Navy04]

So to hear what you are going thru. You have to remember that a very few % of Vets actually get SC for all of their initial conditions claimed. The VA always wants us to give up, therefore less Benefits and $s to Grant. I have had 4 FDCs and over 30 C&Ps at 2 VAs and 3 VBS clinics. It took that many C&Ps and DRs to grant what was already there when the Navy Medically Retired me 2 years ago. Thanks to the Good Folks on Hadit, I took the time to learn and challenge the VA. I never submitted any NODs or Appeals. I did not want to fight the VA for years, over what I knew was there. So I just kept Reopening the Conditions thru Ebenefits and Filed FDCs. Guess what all but a few were granted SC at high %s, that was with my original Medical Evidence, I did not get IMO or NEXUS, as the Evidence was there all along, I just had to make the VA and ROs open their dang Eyes and Ears.  I totally agree with Pete above info, he is right on the Money. Good luck and keep us posted. God Bless

[waccamawwild]

All of you gave great insight! Congrats to you as I don't understand how to click the Like button yet! I am a newbie on posting.

[USAF-Vet]

Everything I asked for (and stuff I haven't asked for yet) is listed in my Service medical records. I uploaded all of it titled with each condition name and DATE. Unfortunately I have memory gaps so wasn't aware some things were in my records until I received the Disc from the Archives in Oct.

My DAV rep. is doing the NOD this morning and he liked the suggestion of having my Congressional Rep. submit the medical records I already uploaded.

I work in a Non-medical section of VHA along with a large number of other Veterans. Most of which have had problems getting their claims done as well. Just because I'm an employee doesn't mean I'm treated any different than anyone else.