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]

UPDATE:

Love letters do matter !!  I wrote a 2nd letter last week to the VARO Oakland Director.

This afternoon, I GOT A CALL from Kevin (VSR) at VARO Oakland !! He was giving me a heads up that my C&P Exams were being scheduled !!!!! O M G !!!

I am getting: Hearing, Nose, Knee, Migraines

He said I could also file (new) for my Anxiety/panic w/depression so they could get the exams all done now !!

So I called my DAV rep. (he was out and the jerk was there). So I went onto E-benefits and filed the FDC myself and attached copies of the supporting documents (even though I know they have them).

I also included Chronic colitis since why not...it's in my records and I'm still having weekly issues with it 28 years on.

Now to sort through my copies and get them ready for my appointments !!!! 

Thanks for everyone's support !!

Kevin admitted that the person who did my claim did in fact SCREW UP ! He said the person couldn't tell the difference between an Active and Dependent record since they look alike. DUH.....never thought to check the DATES I guess !

[Andyman73]

Wonderful!!!  Merry Christmas to you!!!

[auenone]

USAF-Vet,

That is a step in the right direction. A call from the VARO!! Excellent.

 

[waccamawwild]

Its worth noting that you haven't given up. So many veterans do and don't get the benefits they are entitled to. Resolve to yourself to never give up. It took me more than twenty years of fighting the VA to get to 100% P&T and I still haven't stopped fighting them.

[lfredrick123]

Interesting stuff here. We recently asked for a DRO and updated new evidence plus an IMO that gave a nexus on the stroke, connected to hypertension that was clearly in the service record. We also gave them uploaded evidence we got from 2 witnesses, and on top of that mounds of evidence from our own doctors since. We had asked for the C file in May 2015, Got nothing Yet, Sent several requests for 2nd and 3rd time to no avail. Finally a lawyer told me to send a final request certified mail to the Central VA Office, and if they did not respond in the 20 days, then file an appeal with the General Counsel about the issue. We did exactly that. If we dont get the response then we will file the sppeal in Federal Distric Court to compel it. There is no reason it should not have been done. And no reason access to his own records not provided. We had enough info from our old copies of Service Records to give to the IMO doctor, along with the VA Health records. I didnt have one of the independent C and P Exams and told the doctor and showed him the multiple requests. He was able to review what I did have, and he wrote the nexus, So we will see when they produce the C file. If they dont then they will have failed in their duty to assist in this case.

[lfredrick123]

Also just want to wish you all a Very Merry Christmas and a Wonderful New Years. And if your not Chrisitan, then a Holiday of your choosing that is bright, loving and fullfilled from our hearts to yours,