Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
THOMAS89031

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

Question

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?

VA LOST CLAIM 001.jpg

 

 

 

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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 by Berta
  • Like 1

Share this post


Link to post
Share on other sites

Ad

  • 0

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.

Share this post


Link to post
Share on other sites
  • 0
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:

 

 

 

Share this post


Link to post
Share on other sites
  • 0
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?

VA LOST CLAIM 001.jpg

 

 

 

 

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

how to file the claim ??????

Share this post


Link to post
Share on other sites
  • 0

"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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 4 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines