V.A. Lost Medical Records - Now what?

[WomanMarine]

I was discharged in 1975 with a recurring subluxing Patella.  The DoD rated me 10% and stated my injury was Service Aggravated. Two months after I was discharged, my patella sublexed again, tearing my meniscus. I was seen at the Los Angeles V.A. where they applied a full leg cast that I was to wear for 6 months. I had just started working for Southern Pacific Railroad, who terminated me because of this 'on the job' injury.

After the cast was removed I applied for Vocational Rehabilitation. I was not aware of the V.A. and DoD dual rating system at that time and stated that I was 10% service connected. I was denied.

The cast must have stabilized the area. I did not have an episode of tearing my ligaments till 1980. I was then seen at the V.A. and this time applied for compensation. I was denied. The reason for the denial was because the V.A. stated that I had not had any other issues since my discharge. They failed to address the first issue, only two months after my discharge, which also cost me a good job. After that I pretty much gave up on the V.A. :(

In 2012 my knee injury came back to visit me on a 120' communications tower. I was 80' in the air when it gave way. Good thing for my safty harness! I have since re-applied  for my disability as this injury has now cost another job.

In May I contacted the original V.A. that did my first medical intervention, two months after my discharge in 1975. I have made numerous requests over the last few months. At first I was told that they located my records. I have been told multiple times that they have been mailed.

Today I received a response from IRIS:

"" Based on the information available to us we were unable to locate (in your electronic claim file) the Los Angeles VA Medical Center (VAMC) medical records to which you refer in your inquiry, from the time frame 1975 to 1976.
We also note the regional office has requested these same records multiple times: we have not yet received these from the VAMC."

My pending claim has now turned into a DRO. NOD submitted 8/18. The reason for the denial this time is the fact that the V.A. is using the same verbiage as the denial in 1980, stating that I never had any followup medical treatment.

I have had to apply for a Financial Hardship, as I am sinking ... I am behind on my utilities and received a disconnect notice for my electric. I have not been informed if it has been granted.

What happens if the V.A. cannot locate these medical records? They do have the DoD records where it shows that they considered my injury 'Service Aggravated' However the medical records prove that I was treated only two months after discharge and that I lost my employment because of my injury. These medical records are in direct conflict with the 1980 denial.

 

 

[broncovet]

Well, this will be a test for the new "homeless program".  In the past, what happened was that VA's homeless program consisted of making as many homeless as possible by delaying as long as possible.  

Given this, apply for an advance on the docket.  It may help, but it didnt help me, I became homeless anyway.  

[WomanMarine]

14 hours ago, broncovet said:

Well, this will be a test for the new "homeless program".  In the past, what happened was that VA's homeless program consisted of making as many homeless as possible by delaying as long as possible.  

Given this, apply for an advance on the docket.  It may help, but it didnt help me, I became homeless anyway.  

I hope that is not the case Broncovet ... and very sorry you had to go through that.  :(

That happened to me on the first denial of this claim back in 1980. I could not imagine that today.

But I was contacted yesterday by the folks from the WH hotline, who forwarded to the VA.

They stated that I should hear something next week and if not to notify them.

UPDATE:

I just received this email:

"

Thank you for your message to President Trump regarding your Department of Veterans Affairs appeal, which was forwarded to the Appeals Management Office for a response.     Upon receipt of your inquiry, we reviewed your record and determined that your Notice of Disagreement (NOD) has been assigned to the St. Louis Regional Office for processing.  Given that yours is a hardship case, we are contacting St. Louis and requesting that they expedite your appeal.   We hope this response to your message has satisfactorily addressed your concerns. Please feel free to contact us directly at dir.vbaamo@va.gov .   Respectfully,   Appeals Management Office (397) Veterans Benefits Administration Washington, DC 20420                   Click here to Reply, Reply to all, or Forward       1.41 GB (9%) of 15 GB used Manage Terms - Privacy Last account activity: 22 minutes ago Details

VAVBAWAS/AMO/COMMS   Show details

"

Edited October 13, 2017 by WomanMarine
update

[broncovet]

That is good news!  Rattle their cage!  Stay on em, and dont let em do to you what they did to me.  Im no longer homeless, in fact, I was only homeless a few days, but that was enough to lose my home to foreclure.  

I have received my benefits now, and doing much, much much better.  

[WomanMarine]

1 minute ago, broncovet said:

That is good news!  Rattle their cage!  Stay on em, and dont let em do to you what they did to me.  Im no longer homeless, in fact, I was only homeless a few days, but that was enough to lose my home to foreclure.  

I have received my benefits now, and doing much, much much better.  

Sadly I understand all too well about homelessness Broncovet.

When I first applied for my compensation in 1980, I was homeless and denied.

I am no longer homeless, but I am way behind on my utilities and winter is coming to the midwest. :/