Help.VA Lost all Documents on my AO claim filed in 1996

[THOMAS89031]

I filed a claim in 1996 for IHD, Lucky for me I MISFILED my own claim in with House purchase documents(OK, no suggestions that I go to work for the VA)   20 years later I find it and knowing what little I know, I filed a claim for Retro back to 1996.

In less than a month, I got the denial letter..VA Denial states  they have no documents or records that a claim was initiated or denied prior to my claim filed in 2010.    Like a dummy, when I got the denial letter in 1996 (LA, CA VARO), I threw it away.  Why keep a dead horse...

So now, 20 yrs later.............I need some suggestions how to refute this?  Case cites from a similar situation?

 

 

 

 

[Berta]

Get a copy of your C file.

It sure might be in there if they actually received it.

What do you mean by House Purchase documents?

Nehmer used the date of a C & P exam my husband had for PTSD to grant a very favorable EED back to 1988 for my survivor's AO IHD claim.

That notation was important to the Nehmer AO VARO, because VA had never diagnosed or treated his IHD.( malpractice)

Your Medical records also might reveal something like that which could help .

It is hard for me to read the photo of the decision.

However I did catch their "thorough review" part....but that thorough review should be done by you when you get copies of the c file and med rec from the VA.

It was due to a thorough review I did, that helped me win my claims and prove malpractice.

"Like a dummy, when I got the denial letter in 1996 (LA, CA VARO), I threw it away"

A copy of that letter should still be in your C file.

I found something in my C file (highly important to my FTCA case) years after that was resolved and after VA had told me many times "never existed" at all.

I used this 3 page critical report 15 years after it had been written , to support my AO IHD 2010 death claim.

It completely supported my FTCA wrongful death claim so no wonder they told me (and told the GC) it never existed.

I learned VA will stoop as low as they can go. My daughter wants me to wrote a book about that since I have so much documented proof of it.

 

 

Edited April 28, 2016 by Berta

[waccamawwild]

I agree with Berta. Get a copy of your C-file. I recently got mine and was amazed at what I found in it that I did not know was there.

[THOMAS89031]

2 hours ago, Berta said:

Get a copy of your C file.  

I do have a copy of my C-File,

It sure might be in there if they actually received it.

It never made it to my C-File

What do you mean by House Purchase documents?

This is one of my own folders where I had my "House Purchase Documents" and where I found my original filed claim from 1996

Nehmer used the date of a C & P exam my husband had for PTSD to grant a very favorable EED back to 1988 for my survivor's AO IHD claim.

That notation was important to the Nehmer AO VARO, because VA had never diagnosed or treated his IHD.( malpractice)  

In 1991, I went to the VAMC in Erie,PA complaining of chest pains etc,etc and fear of having a heart attack...Instead of a full cardio work up, they referred me to a mental Health counselor.      This is documented in my C-File...    Could this be an inferred claim?

Your Medical records also might reveal something like that which could help .

It is hard for me to read the photo of the decision.

However I did catch their "thorough review" part....but that thorough review should be done by you when you get copies of the c file and med rec from the VA.

It was due to a thorough review I did, that helped me win my claims and prove malpractice.

"Like a dummy, when I got the denial letter in 1996 (LA, CA VARO), I threw it away"

A copy of that letter should still be in your C file.

They never put it in my C-File

I found something in my C file (highly important to my FTCA case) years after that was resolved and after VA had told me many times "never existed" at all.

I used this 3 page critical report 15 years after it had been written , to support my AO IHD 2010 death claim.

It completely supported my FTCA wrongful death claim so no wonder they told me (and told the GC) it never existed.

I learned VA will stoop as low as they can go. My daughter wants me to wrote a book about that since I have so much documented proof of it.   Berta, thanks for your input GO FOR IT!!!

 

2 hours ago, Berta said:

 

 

 

[RUREADY]

14 hours ago, THOMAS89031 said:

I filed a claim in 1996 for IHD, Lucky for me I MISFILED my own claim in with House purchase documents(OK, no suggestions that I go to work for the VA)   20 years later I find it and knowing what little I know, I filed a claim for Retro back to 1996.

In less than a month, I got the denial letter..VA Denial states  they have no documents or records that a claim was initiated or denied prior to my claim filed in 2010.    Like a dummy, when I got the denial letter in 1996 (LA, CA VARO), I threw it away.  Why keep a dead horse...

So now, 20 yrs later.............I need some suggestions how to refute this?  Case cites from a similar situation?

 

 

 

 

what do you think was a cue.. you not filing or not knowing

how to file the claim ??????

[Berta]

"This is one of my own folders where I had my "House Purchase Documents" and where I found my original filed claim from 1996"

Was it an initial 21-526 form?

Do you have proof of mailing it to them?  They gave you advise as to what to do ,in the scan  above  if you have  proof of mailing it or proof of their receipt.

They already know they would have to reconsider the EED if you can prove they denied it in 1996.

[RUREADY]

that's a very long road with no end in sight in a claim like this

now you know why appeals take so long for bull shi** claim that have

no merits at winning but VA still have to decide on it. jmho

Edited April 28, 2016 by RUREADY