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.

[USAF-Vet]

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

VSR asked us to withdraw the NOD end of June 2015 and do the Reconsideration. We did that.

NOD resubmitted this morning in light of 2nd rejection.

[Berta]

A Reconsideration Request does NOT stop the NOD clock..it must be filed within one year after the decision.

Even if it appears they seem to be working on the Recon Request...in my experience, they just tried to piss away my NOD time frame on this type of request,with meaningless rhetoric and even a regulation they made up but cvould not produce to me,  and my RO  had no intention of really ever considering my evidence. ( My 2003 IHD CUE and my SMC CUE of 2004.)

I filed NOD at last minute and the claim was awarded via the Nehmer RO , after being 'in process' for over 7-8 years.

"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.":

If you have documented proof of that , this could be a CUE, under 38 CFR 4.6.

But even if VA corrects that, as a CUE and gets those VA records, there is not enough info here to know what you need to do.

Are you claiming PTSD?

If so the VA will use the 2010 PTSD criteria here at hadit.

However, if you do not fall into the "close proximity to" and " fear of hostile fire" criteria, they should carefully assess your complete medical picture.

Can you scan and attach their denial here? Cover C file # name, address prior to scanning.

I am just guessing on the PTSD.....we dont know what type of claim this is.

 

[Gastone]

You quite possibly should give serious RECONSIDERATION to relying completely  on your VSO and their Reps, just cost you an additional min of 6 months on your NOD. During the hang time, did you forward any N & M Evidence to your RO. Was any of it addressed in the subsequent "Reconsideration" continuation of your Denial?

Semper Fi

[USAF-Vet]

Berta, NO...not filing for PTSD.

I do however have Anxiety/Panic disorder with depression - documented in Service file but I had no recollection of it when I completed the initial claim.

Filed for:

bilateral hearing loss		Not Service Connected
lower back pain with bulging disc		Not Service Connected
nasal fracture		Not Service Connected
upper neck pain		Not Service Connected
carpel tunnel syndrome		Not Service Connected
migrane headaches		Not Service Connected
right knee condition		Not Service Connected

I actually have 4 bulging discs in lower back (MRI), revere bend in neck, herniated C 5/6 with bone spur into nerve root. This is causing the pain in my right arm, shower, elbow, wrist, fingers etc.

Worked at end of Flight line - F4 Jet Engine Mechanic so have Tenitis.

Nose broken, deviated septum 1987 and repaired (unsuccessfully - required 2nd surgery 2015 with donor cartilage due to inability to breath from original fracture)

Constant headaches/migraines since nose fracture with Rhinitis. Average 3 migraines per week.

Right knee injury during basic training 1987, another incident in 1987 while running, knee cap popped a few months after I separated in summer 1991 requiring surgery 1992 (scar). Was having hip and back pain 1991 to present.

So that's all I asked for initially. Everything documented as well as the Dizziness, multiple ER visits for heart attack like symptoms (Anxiety attacks), depression with stress noted in service record 1989 as well as coloitis 1989. All of these things are now chronic.

Those are the highlights.

I sent another "love letter" to the VARO Oakland Director today as well.  

[Andyman73]

Don't ever give them an inch, or else they'll take a mile! 

Semper Fi.

Andyman

[USAF-Vet]

You quite possibly should give serious RECONSIDERATION to relying completely  on your VSO and their Reps, just cost you an additional min of 6 months on your NOD. During the hang time, did you forward any N & M Evidence to your RO. Was any of it addressed in the subsequent "Reconsideration" continuation of your Denial?

Semper Fi

All of my medical documents and service records are in VBMS system (all scanned) which are easily accessible on the VSR's desktop. Everything was retrieved from the VA Archive Caves, scanned and I was sent CD's for my records via my Congressional staffer.

There are no excuses here for the VARO. They have everything they need plus I spoon fed individual documents into EBenefits last month just in case.

As a female Veteran, my Service records are stored under my SSN. When I became a dependent, my records became stored under my husband's SSN. That was the initial "problem" the VARO had....locating my records.

The VARO initially just contacted the local VHA facility for my treatment records....HELLO...I do not receive treatment at the VA because they have not provided me with Eligibility. I am treated at Military Medical Facilities under TRICARE. The VARO has access to those records as well but they never looked.