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.

[Guest]

Okay here is the thing, I kind of skimmed through real fast so forgive me if I am a little off but it sounds like you are having a round of C & P exams. If these exams were done at a VAMC Hospital then you can go to the release of information office and request a copy of them and they will either print them on the spot or mail them to you.  If your exams were done by a private/outside VA specialist then you will have to request a copy of them from your VARO and they will most likely try to process your claim before sending you copies.  Since you were given C & P exams someone at VA actually have pushed your claims a little further by requesting these exams and now you have to wait for the new decisions.    Yes, you will need your own IMOs to fight these exams opinions

Edited February 20, 2016 by pete992

[Gastone]

You'll get some sort of Award/Denial Decision sooner or later. Start planning your NOD filing.

How does your Horse Racing, riding not betting, comport with your requested SCs?

Have you visited your VSO's main office at your VARO? A face to face with the VSO MFIC, might be in order. VSO main offices have greater computer Claims access than Field Reps or even your E-Ben site. He/she may be able to walk down the hall to the VA Rating Dept and talk to your Rater.

While your at your VARO, stop in at the VA and request a walk in review of your C-File, see what happens.

Could be wrong, won't be the 1st time, but I think your about to get a ticket for the NOD Train.

Semper Fi

[Fat]

I'm thinking like ASKNOD, I quickly skimmed thru the post and wondered if you have documentation of a current disability.

The information is in your service medical records; however you have to have a current disability verified by medical means (blood tests, MRI, CT Scan, nerve test, etc).

If I overlooked that part excuse me, but that is a big part of getting service connection.

I wish you luck.

[USAF-Vet]

Nose was badly fractured in 87. Surgery performed did not address fracture. Right side airway collapsed so had 2nd surgery feb. 2015 to rebreak, install new cartilage right side and end of nose to re-open airway. Was unable to breath for so many years i was not aware how serious the nose problem was until afb. Ent doctor informed me oct. 2014, prior to submitting this claim. 

Had mri on neck jan. 2015 which also revealed the level of fracuturing in nose, lack of airway and damaged neck which includes herniated c5/6 with bone spur at compensation point from initial injury that was getting worse all these years because you know motrin fixes everything. 

I believe this was done to contest my severe migraines that i was referred to another ent for who has ordered an mri w/contrast and referrred me to neuro doctor that specializes in headaches/migraines. Both ent's feel migraines are related to fracture. Ent who did my 2nd proceedure is deployed in afganistan at the moment. 

I already alerted rep. About this additional c&p so we will probably do nod if they want to dismiss all of the evidence they have which includes mri image of nose. 

The rest of my claim isn't in question so even if we have to fight over nose and migraines, my other issues should have larger ratings attached. 

As for my race horses, i am in partnership with 2 other disabled vets. 1 marine & 1 navy guy with our trainer at golden gate fields whose brother is standing up a wounded warrior retired racehorse project in eastern WA through funding provided by Jerry hollendorfer. 

My personal horse is being trained by a trainer who works with me much like other trainers around the country work with diabled people where riding is used as therapy. My horse responds to me much like a therapy dog. He takes care of me both physically and emotionally on the ground or on his back. Most of the time i just groom him or sit in a chair watching him graze. I need the break from people and the daily grind, otherwise i probably would just lie in bed waiting to die. 

My decision should be finished this next week. Will report back. 

[Andyman73]

Therapy horsemanship, nice!  A local fellow runs a little horse riding therapy op.  Last I knew he takes paying customers on a case by case basis(non-theraputic).  But donates/volunteers/absorbs all costs associated with the therapy riders.  He mostly deals with children as his main therapy ridership, but does take adult therapy riders when he has time slots available.  This he does on his own hours after his day job.

[USAF-Vet]

Rated Today.

70% for Anxiety disorder.

0% for my nose fracture with migraines as secondary.

Won a battle, war continues.

NOD going to be prepared.