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.

[broncovet]

If you want copies of your c and p exams, you can request same at your VAMC "release of informtion".  

On the issue of "discrimination based on being female", the VA messes everyone's claim up, regardless of sex, race, etc.   Its what they do.  If your claim does not have a "glitch", they will find one, or make up a new one.  You have a better chance winning the lottery than filing a "glitchless" benefit claim.  Virtually ALL of us here at hadit had to appeal.  

Personally, I have had 19 VARO decisions, 2 BVA decisions (soon to get a third), and one trip to the CAVC, and one Writ of Mandamus, during the past 14 years, and there are still about 3 more "glitches" that I know about, that have yet to be resolved.  

Examples:

1.  The VA misinterpreted the hearing loss chart and gave me a lower rating.  They put my numbers in backwards.  

2.  The VA can not read, and ignored 5 different doctors who opinioned I was TDIU.

3.  The VA shredded some of my documents, and have yet to own up to that "denying" my 2008 Special Handling Request required by Dr. Peake. (former VASEC).  

[Guest]

1 hour ago, broncovet said:

If you want copies of your c and p exams, you can request same at your VAMC "release of informtion".  

On the issue of "discrimination based on being female", the VA messes everyone's claim up, regardless of sex, race, etc.   Its what they do.  If your claim does not have a "glitch", they will find one, or make up a new one.  You have a better chance winning the lottery than filing a "glitchless" benefit claim.  Virtually ALL of us here at hadit had to appeal.  

Personally, I have had 19 VARO decisions, 2 BVA decisions (soon to get a third), and one trip to the CAVC, and one Writ of Mandamus, during the past 14 years, and there are still about 3 more "glitches" that I know about, that have yet to be resolved.  

Examples:

1.  The VA misinterpreted the hearing loss chart and gave me a lower rating.  They put my numbers in backwards.  

2.  The VA can not read, and ignored 5 different doctors who opinioned I was TDIU.

3.  The VA shredded some of my documents, and have yet to own up to that "denying" my 2008 Special Handling Request required by Dr. Peake. (former VASEC).  

4. VA Disorganize your file to a point to when you are rated , VA screws up your effective date.

5. BVA judge remands your claim twice trying to get your local RO to grant your claim and after the local RO refuses then BVA judge denies your claim forcing you to get a lawyer and file a claim to CAVC.

6. VA decides they do not like their own C & P examiner so VA request a second C & P exam hoping to get a negative Report but that back fires on them too.

7. Veteran files a NOD and VA loses it and tells the veteran to file a request for reconsideration but in processing the reconsideration VA finds and process the NOD instead causing the veteran to wait longer for a denied decision.

Yes we all been through the crapper with VA and got to the point of " Man I had It" with all this VA crap.  That is why we began to search and come to hadit.com.  I know sappy right.

Edited January 16, 2016 by pete992

[USAF-Vet]

On January 16, 2016 at 11:38 AM, broncovet said:

NIf you want copies of your c and p exams, you can request same at your VAMC "release of informtion".  

On the issue of "discrimination based on being female", the VA messes everyone's claim up, regardless of sex, race, etc.   Its what they do.  If your claim does not have a "glitch", they will find one, or make up a new one.  You have a better chance winning the lottery than filing a "glitchless" benefit claim. 

Actually the fact that I am female, was active duty and the day after I separated became a dependant of active duty being treated in same medical facility is what caused the rejections. The individual that processed my claim didn't bother to look at my dd214 service dates and match those to my medical records. 

Oakland varo confirmed to me that is what happened. 

[USAF-Vet]

2nd c&p completed jan. 16. Contractor stated that he was impressed with how detailed my records are. He said i was lucky and i should rate 50-70 for my anxiety/panic disorder. 

Msla (contractor) stated my jan. 11 exam was transmitted today. I upgraded myhealthy vet to premium but do not see the results yet. Will check tomorrow when we are all back to work. 

[Andyman73]

Wishing you all the best with this claim!

[USAF-Vet]

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.