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.

[Navy4life]

1 hour ago, USAF-Vet said:

Still in "preparation for decision". Still can't see my C&P exam's. I called My Healthy Vet line last Thursday and they said the VARO essentially owns them until they mail the decision so they were confused as to why so many vets were able to see them under notes before the decisions were made. The guy agreed with me that they are nothing more than a physical exam and Vets should have access to them while awaiting a decision. He was going to look into it and see what could be done.

My husband has been in "preparation for decision" for nearly 2 weeks as well. Maybe we'll find out this week what our ratings will be. Fingers crossed.

USAF-Vet;

C&P exams done by a VA facility are available in MyHealthyVets.  C&P exams done with Contractor's can be requested (see my image attached from my QTC documents).  The VARO is correct to a point, most QTC exams you can't get them until after the decision but it's worth a try to call per the attached document I provided and see.

As far as an examiner stating to you %, I wouldn't get my hopes up on that.  Technically they shouldn't say that b/c they are not a rater.  However, if they are obviously stating this, then your C&P exam sounds favorable.

Sounds like you are about done so I wish you the best!

[Andyman73]

USAF-Vet,

I know how that wait feels, I just spent 2 months in waiting in prep for decision phase just to get 100% denials across the board.  Which included one that the examiner wrote at least as likely, or more than likely caused by primary, for a secondary claim, and one that the VARO said would be granted without exam. 

Now I've been waiting for the envelope for which eBenefits showed notification letter sent, for over a week now.

[USAF-Vet]

I sent a request to the VARO to get access to my C&P exams and they pointed me back to the Medical center which pointed me back to the VARO. I asked leadership about it last week and he suggested I contact the BDMS Service Chief. I also called My Healthy Vet and they were scratching their heads as to why I didn't have access to Vista Imaging since I'm an employee. I informed him because I am not a medical staff member so do not have the keys to view in that program.

Soooooo......I wait. Will update when I finally see the dial change in Ebenefits.

By my estimation with low balling %, I should be in the 80% range. My co-worker who had the same Mental health rater as I did said he believes I will be much higher. We'll see. Anything more than 10% will be gravy.

[Andyman73]

Mmmmm......gravy!!!

[USAF-Vet]

Update:

E-Benefits status changed. Now says: Pending Decision Approval

So I went to My Healthy Vet and I discovered that another C&P "exam" was done without me present and only 3 things were reviewed. They did not review my MRI or the notes from my 2nd surgery on the nose because the first one never repaired the damage.

Is this how they "low ball" or dismiss service connected conditions?

mtz-cpexam_1.pdf

Edited February 19, 2016 by USAF-Vet
spelling error

[FormerMember]

I see a problem on the nose. You claim it as SC but never filed for it until after surgery to fix it. What, exactly, is it you seek to obtain?  A claim must be for a disease in service, the same disease now and a medical IMO linking the two. If you file a claim for a disability that is no longer a disability, they cannot rate it. Or, if they did, it would be  for 0% which accomplishes nothing. It sounds like the advice you are getting isn't producing compensable results. 

 I presume you have obtained IMOs for all the claims you have filed or are proposing to file?