How to Appeal a RAMP decision

[WomanMarine]

I opted into RAMP the first of May, however my VSO did not sign the paperwork and it was not submitted till 5/17.

I had two issues with my claim.

First they did not rate my knee, which was my original injury that has now caused issues with my back and left knee.  Secondly, in 1980 the VA removed my 0% rating that the VA had given me in 1976 and totally removed my 'service-connected' injury. This is a CUE as they should have upgraded my disability, rather than totally remove it.

Yesterday I learned that the VA has approved the rating on my knee. This would take my 80% P&T to 100% P&T. I do see that there are benefits that come with 100% P&T, but the record should be corrected to reflect the 'early effective date'.

I do understand that the VA, generally, will only rate on issue @ a time ... 

So my question is ... since I had a 'high level review' ... How do I challenge RAMP?

I apologize that I do not have the 'letter' to determine their exact 'verbiage' ... but whatever it is, it will be wrong in this case.

[broncovet]

You asked:

Quote

How can they deny me an EED when they admit they do not even have the records?!?

 

Unfortunately, the burden of documentation of (for) your disabilities is on you.  Not VA, but you.  The VA has a "duty to assist", but, when you get out of the service, you should have gotten your medical and service records..and you should (and you bear the responsibility for) hanging on to your records.  

Still, all is not lost.  Take the bull by the horns.  Tattoo this statement on your arm, if necessary, to remember it:

Quote

You can not always count on everything a VSO or VA employee tells you.  

Again, the burden is on you to prove an earlier effective date, not on the VA.  They are quite happy with the lousy effective date in place.  

Have you ordered your cfile?  Are you certain the records dont exist?  Re read my quote, above.  Did you contact the West LA medical center, directly, to ask them for your records?  Dont count on what the VA told you about the records as being the gospel.  

[WomanMarine]

54 minutes ago, broncovet said:

You asked:

Unfortunately, the burden of documentation of (for) your disabilities is on you.  Not VA, but you.  The VA has a "duty to assist", but, when you get out of the service, you should have gotten your medical and service records..and you should (and you bear the responsibility for) hanging on to your records.  

Still, all is not lost.  Take the bull by the horns.  Tattoo this statement on your arm, if necessary, to remember it:

Again, the burden is on you to prove an earlier effective date, not on the VA.  They are quite happy with the lousy effective date in place.  

Have you ordered your cfile?  Are you certain the records dont exist?  Re read my quote, above.  Did you contact the West LA medical center, directly, to ask them for your records?  Dont count on what the VA told you about the records as being the gospel.  

Thank you for the comment broncovet ... but ARE YOU SERIOUS? 

Lol, when I got out ... the VA was and still is, as far as I am concerned, a JOKE! 

First they tell me I cannot file for my disability, as that would be 'suing the .gov' ... and once they started lying, they NEVER STOPPED! 

And yes, I have my cfile, otherwise I would not know of all the shenanigans they pulled on me!

I was 19 years old ... I had no idea that the VA would 'cheat' service-members ... Yes, I should have kept my records better and I should NEVER have surrendered that card! 

I guess I can search down old records of my firing ... but the RR I worked for is no longer in business, and I am thinking the Union is still around, but would they maintain their records from 1976?

What happened to the 'veteran is always right' motto ... or just another VA lie? 

[Buck52]

When I got out they never gave me any records of any kind  especially my medical records. I never had any records until I started messing with the VA Claims and I had to find and locate my medical records. from NRPC.,

I Think the VA got some from Austin Tx  but most came from NRPC.

[WomanMarine]

27 minutes ago, Buck52 said:

When I got out they never gave me any records of any kind  especially my medical records. I never had any records until I started messing with the VA Claims and I had to find and locate my medical records. from NRPC.,

I Think the VA got some from Austin Tx  but most came from NRPC.

Buck, do you think that Austin Tx is where the VIC is issued?

[Buck52]

Yes I do. but not 100%sure? if you have Myhealthvet

next time you long into the bluebutton to read health reports   after it clears to view documents scroll  down slow before you get to the progress Notes  and you will see where they got most of your Records from. they should be listed.

Edited August 24, 2018 by Buck52

[WomanMarine]

On 7/10/2018 at 7:18 AM, WomanMarine said:

I opted into RAMP the first of May, however my VSO did not sign the paperwork and it was not submitted till 5/17.

I had two issues with my claim.

First they did not rate my knee, which was my original injury that has now caused issues with my back and left knee.  Secondly, in 1980 the VA removed my 0% rating that the VA had given me in 1976 and totally removed my 'service-connected' injury. This is a CUE as they should have upgraded my disability, rather than totally remove it.

Yesterday I learned that the VA has approved the rating on my knee. This would take my 80% P&T to 100% P&T. I do see that there are benefits that come with 100% P&T, but the record should be corrected to reflect the 'early effective date'.

I do understand that the VA, generally, will only rate on issue @ a time ... 

So my question is ... since I had a 'high level review' ... How do I challenge RAMP?

I apologize that I do not have the 'letter' to determine their exact 'verbiage' ... but whatever it is, it will be wrong in this case.

Okay, here is the 'verbage' ...

“We have been unable to obtain records from West Los Angeles VA Medical Center for the period of 1976. We have determined that these records do not exist. We will now make a decision based on the evidence of record. Records were received from VAMC West L.A., dated November 14, 1979 through August 1983. (Veteran reports treatment beginning 1976). All treatment records available for these dates were received June 26, 2017.”“We have been unable to obtain records from West Los Angeles VA Medical Center for the period of 1976. We have determined that these records do not exist. We will now make a decision based on the evidence of record. Records were received from VAMC West L.A., dated November 14, 1979 through August 1983. (Veteran reports treatment beginning 1976). All treatment records available for these dates were received June 26, 2017.”

How can these records NOT EXIST?

I was in a full leg cast for almost six months! AND how can they make this determination without these records, as they did in 1980? These records PROVE that my SC also happened within one year of my discharge. The VA told me I could not apply for disability pay, as I had taken the DoD pay. They did, however, issue me a SC VA card ... which they later took away in 1980, along with my 0% ...