Va Wants A Response

[rf79756]

On 12-9-06, I received a letter from the VA regional office at Waco, TX. They want me to either give them additional information or just tell them to proceed with the claim. About three months ago, I filed for bilateral hearing lose and a fractured 11th/12th vertebrae which were in my file and not previously sent in by my VA rep years ago. To make a long story short, the VA reps said the information on my broken spine and hearing lose were not in the file. 15 years later, the information was in my file!

My DAV rep in Big Springs, TX said about 2 months ago I should be getting a C&P and hearing exam. I never got an appointment time. I'm still waiting for that. I think it's kind of early to be receiving a letter indicating you have 60 days to send in additional information. All the information I have is in my medical records. What else is there?

Cheers

RF79756

[Guest jstacy]

That letter is called a VCAA notice. It is a standard letter the VA sends out asking you if you want to send in additional information or let them decide the claim within 60 days.

As faras the information on the Broken Vertabrate of the spine and the hearing loss, I would make sure th ey have this information. If you have copies, I would make copies and send them again via certified mail.

This will ensure they do have it. Also if you have any outside medical evidence you should send it in as well.

It would also be helpful if you have a current MD stating that the problems with your back that you are experiencing now are at least as likely as not related to the broken Vertabrate you had in service.

In final thought, I am moving this post to the claims research section so you can get additional responses from the Hadit team.

John

[Guest jstacy]

One additional point, you should go to the regional office and view your evidence in the file.

[Berta]

"About three months ago, I filed for bilateral hearing lose and a fractured 11th/12th vertebrae which were in my file and not previously sent in by my VA rep years ago."

Are you saying you formally filed for these conditions years ago too-but the vet rep never sent the claim in?

In the VCAA notice they should have Underlined or highlighted exacly what they need-

It sounds like this VARO did the right thing- these VCAA letters should go out to the vet BEFORE any denial does-

Many VAROs are whipping them out so fast -even after denying the claim-they are not even stating specifics in the notice as to exactly what the claimant needs-(violation of VCAA under Pelegrini V Principi)

what I mean is this- I got denied in 2004 and the VCAA letter did not suggest at all what I needed to send them.The evidence wass in the veteran's med recs and other VA documents.

I found a similiar widow's claim at the BVA-remanded recently because of similiar VCAA violation and the BVA itself told the VARO to suggest to the widow get an IMO in support of her claim.

So I did that.

It seems the RO did send you the right VCAA Notice-then again-

I am assuming they did not deny yet----

did they?

Edited December 13, 2006 by Berta

[LarryJ]

On 12-9-06, I received a letter from the VA regional office at Waco, TX. They want me to either give them additional information or just tell them to proceed with the claim. About three months ago, I filed for bilateral hearing lose and a fractured 11th/12th vertebrae which were in my file and not previously sent in by my VA rep years ago. To make a long story short, the VA reps said the information on my broken spine and hearing lose were not in the file. 15 years later, the information was in my file!

My DAV rep in Big Springs, TX said about 2 months ago I should be getting a C&P and hearing exam. I never got an appointment time. I'm still waiting for that. I think it's kind of early to be receiving a letter indicating you have 60 days to send in additional information. All the information I have is in my medical records. What else is there?

Cheers

RF79756

I don't know about the other VA Regional Offices throughout the country, but, Waco I know about.

If you have documented injury/illness in your Service Medical Records (SMR) and you have a compliant at this time that is either obviously connected to this in-service incident or if you can provide a medical opinion linking this current problem to the problem incurred in the service (nexus), then Waco will, I can almost assure you, not send you for a C&P. Of course, they will drag you through all the B.S. and put you off as long as possible just like all the other VAROs. I know this. Don't ask me HOW I know this, but I will say that I've been at this claim of mine for three years (documented in-service injury, current problem resulting from this injury, nexus from three different doctors, disability due to this injury to the point of receiving SSDI, and yet, I still wait.........).

Lot'sa Luck, Dude.

[Ricky]

I wish that just one time the VA would hold true on their threat of deciding my claim in 60 days. hahahahahahahahahahahahahahahahahaha

[rf79756]

"About three months ago, I filed for bilateral hearing lose and a fractured 11th/12th vertebrae which were in my file and not previously sent in by my VA rep years ago."

Are you saying you formally filed for these conditions years ago too-but the vet rep never sent the claim in?

In the VCAA notice they should have Underlined or highlighted exacly what they need-

It sounds like this VARO did the right thing- these VCAA letters should go out to the vet BEFORE any denial does-

Many VAROs are whipping them out so fast -even after denying the claim-they are not even stating specifics in the notice as to exactly what the claimant needs-(violation of VCAA under Pelegrini V Principi)

what I mean is this- I got denied in 2004 and the VCAA letter did not suggest at all what I needed to send them.The evidence wass in the veteran's med recs and other VA documents.

I found a similiar widow's claim at the BVA-remanded recently because of similiar VCAA violation and the BVA itself told the VARO to suggest to the widow get an IMO in support of her claim.

So I did that.

It seems the RO did send you the right VCAA Notice-then again-

I am assuming they did not deny yet----

did they?

Berta,

I broke my back in the service as well as the hearing loss. They are both documented in my service medical records. When I got out of service, I filed a claim thru my VA rep. He couldn't find my medical papers on the back or hearing lose. So I waited for 15 years and 3 va reps later and my records were found!!

I went to the Disable American Vets rep this past September in Big Springs, TX. He copied everything and sent it in. I had 7 pages pertaining to my broken back and hearing loss. I'm waiting for the appointment for the C&P. I have no faith in the VA Reps or the VA in general.