How to deal with gross errors by VA?

[miked23]

In 2011 I filed an appeal with the VA.  In 2012 I filed a NOD and a form 9.  I called the VA several times and was assured my case "Was working its way through the process".  Then around 2015 I called and was told: "Your case has already been closed, but there is no reason why."  The VA then reopened my case.  Finally, it recently showed it was "Pending dispatch", but for the WRONG claims!  For example, I filed for Ehlers-Danlos syndrome but they then showed Lupus.  I filed for high blood pressure, and they showed Sciatica.  I called again and was told those were errors because my form 9 showed Ehlers-Danlos not Lupus etc.  How can I deal with this?  As far as I can tell, it is currently being decided, but for the wrong claims!  This is really frustrating, its hard to believe how incompetent they seem.  What should I do at this point?  The last thing I want to do is start the 7 1/2 year process all over.

[AwareNavyVet]

Miked23:

I would suggest that you contact a Veterans Service Officer with the DAV, Legion, AMVETS, or other Veterans group for assistance.

Or, if you have copies of the claims you already filed/appealed, you might want to provide those to the Regional Office. Since RO's don't always provide you with a number to call, you might want to visit your RO and explain your concerns.

Edited May 9, 2018 by AwareNavyVet
spelling error

[Buck52]

Asknod or Ms berta  or yes a GOOD V.A. EXPERIENCE  ATTORNEY.

Can advise here, it (May be a CUE) seems to me they commited a CUE if they failed to contact you in any way about your claim and closed it out and then re-open it after your called.

  this is ERROR on the VA Part. Because you were within the Appeal Time limits.

Failure to contact Veteran and close out a claim without notifying the Veteran or his Rep.

  but remember in CUE claims are the hardest to win.

With  CUE claims the veteran can't use what 'might have been'' or as an example   if a veteran files a CUE based on not getting C&P Exam or uses the excuse that if he had the exam things would change  (this is not error) that is assuming things would have change had he got the C&P  SO THEY WOULD TOTALLY DENY THE CLAIM BASED ON THAT.  you have to prove two things in Cue  Factual Error  or Legal Error AND it's UNDEBATABLE.

but don't take my word for it as CUE  I am not 100% sure...but we can sure find out.

[Berta]

 " Then around 2015 I called and was told: "Your case has already been closed, but there is no reason why."

Did you in the years that passed since filing the claim, move elsewhere?  "The VA then reopened my case. "

That is odd- what triggered them to re open it?

Finally, it recently showed it was "Pending dispatch", but for the WRONG claims!  For example, I filed for Ehlers-Danlos syndrome but they then showed Lupus.  I filed for high blood pressure, and they showed Sciatica.  I called again and was told those were errors because my form 9 showed Ehlers-Danlos not Lupus etc.  "

The VA can service connect Ehlers- Danlos syndrome but only in this way: as far as I know:

https://www.va.gov/vetapp04/files3/0424438.txt

but the award was for aggravation by service,  of this condition.

As this article from Lawyer Matt Hill’s web site states:

 

“Ehlers-Danlos Syndrome, or EDS, is a genetic condition that a person is born with. It is a condition where collagen is not produced correctly. “

Something is certainly wrong here based on what you posted.

I suggest you order a Copy of your C file  through your VARO ( do0nt use FOIA- that takes too long) ask them for a copy under the Privay Act 5, USC 552) ( and also any medical records the VA has that an be requested at your VAMC via their Reords access officer.)

And I suggest you go to the main VA web site www.va.gov/ and click on Contact Us and then click on Ask a question. Look for the Complaint form pop down box and then tell the (IRIS) what you told us here.

Ask them for an email response ( it might take 2 weeks but maybe sooner-) so tat your have email hard cpy of their response.

If that provides no help call the White House veterans Hot line.

Can you scan and attach here the very last letter you got from the VA? (cover C file # ,name, adress, prior to scanning it)

The only other claim I found for this syndrome is here: but was n remand years ago and we dont know the outcome:

https://www.va.gov/vetapp93/files1/9306836.txt

CUEs are only found in VA decisions.Something is obviously wrong here but we need to see the actual words of the VA.

Have you received any hard copy decision at all from VA?

Matt Hill is a member here and it seems the doctor in this article has expertise in the type of syndrome you have.

You can reach Matt at his web site.

 

[Berta]

Here is theWhite House veterans hot line #  1-855-948-2311 

You might want to call them instead of using IRIS.

Maybe VA thinks the syndrome is analogous to Lupus- I dont know- but I sure know Sciatica is a big stretch from HBP.

[miked23]

As an update: I went to the Oakland VA office today and got a copy of the remand.  Despite what the VA website says about the contested conditions, they did, in fact, make their remand on the correct issues.  I am contending that my EDS got worse as a direct result of my time in the military.  The remand is somewhat confusing as it asks whether EDS is a condition or a disease.  If it is a condition, then I must show aggravation (I do), but if its a disease then I must show aggravation.   Forgive me but I fail to make the distinction, either way, I need to show aggravation, which I did.  There are many medical reports in my 'C' file, by several different doctors spanning over a decade, as well as a long written medical opinion that tied several distinct things that happened in the military (and which are in my military records) that obviously aggravated the condition.  My VA records also show a diagnosis of EDS (many actually), and I have seen orthopedics several times as well as rheumatology every year.  Nobody is contesting the diagnosis or the seriousness of the condition, just whether or not it was aggravated by the military.  I am wondering just what they expect, a bolt from the blue?  In the first denial, they contended that 1. It is genetic, therefore I had it before entering the military, and 2, that it was not diagnosed for many years, therefore I didn't have it while in the military.  It is frustrating dealing with that kind of circular logic.

[miked23]

Berta, in reference to your questions, I looked it up, and it was in 2016 that I called and was told the case was closed in 2014.  They reopened it because they had no idea why it was closed in the first place.  At that time, I hadn't moved or anything, although I recently moved as a result of the October wildfires in Santa Rosa.

It was a relief to see that they ordered the remand for the correct conditions, although the website still shows the wrong ones.