VA asking questions on injury background. Warranted?

[Scottish_Knight]

Greetings all,

I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent.  In 2001, I was shot in the leg, which destroy the femur.  This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC.  The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws.  I lost not only length in the leg (2cm) but my hamstring atrophied.  Since then, I've encountered continued pain in my knee and hip.  All was documented in my military medical records.  Often times, the pain would have me seek medical attention about 2 times per year, which again is documented.

I underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain.  The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years.  The pain continues.

My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken.  The VA Rating Decision gave me 0%. 

Unknown to me was the appeal process.  Last year, I found someone who is helping me with the appeal.  I live in a remote part of southern Germany, so connection to other retirees and vets is nil.

This week, through my appeal representative, the VA has contacted me.  They want all the background information on the shooting.  They require the who, what, when, where, why, and how of this incident.  I am also to supply them with records I have that they don't.  First, they have a copy of my entire medical record.  How am I to know what they don't have?  Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required?  Had I been shot while in Afghanistan would they be asking the same questions?

Perhaps I simply do not know exactly how the VA adjudicates the claims.  As this is not a presumptive matter, evidence of the injury must be presented.  They have that in the form of my military medical records.  Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability?  Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware?

Thank you in advance for any insight into this.

Edited October 26, 2018 by Scottish_Knight

[Scottish_Knight]

Well, this is not a good sign.

I was taking a wee break at work and looked at my VA profile online.  My CUE claim has been closed!  I must have done something incorrect.  Opened on 6 May, closed on 10 May.  I'll ring the VA in about 4 weeks time.  7-10 days does not work outside the US.  It usually takes about 3 months for a letter to arrive.

Not a grand start to the week.
 

[Scottish_Knight]

When all else fails, ring the VA...

I did...and I used the friendliest customer service voice (the one I use in my shop) I have.  The first lass was very friendly and the second was polite.  But I am worried.....

The mental health / tinnitus / hearing loss claim from February is still open.  The tinnitus and hearing loss C&P have not yet happened.  So, the VA combined the CUE claim with the earlier claim.  When I asked if that was ok as the two claims are significantly different, I was told that the VA sometimes does such.  Someone will contact me when questions arise.

So the CUE is still open, but I am concerned since it's been combined with a new claim.

[pacmanx1]

5 hours ago, Scottish_Knight said:

So the CUE is still open, but I am concerned since it's been combined with a new claim.

VA really knows how to screw things up and confuse the heck out of you. When the BVA granted my 1998 effective date, I looked on va.gov and found out that my claim showed I withdrawn it. I called the VA/VBA and asked WTH. For some reason someone imputed that I withdrew my claim. My retro was finally deposited but my remand is still pending, and I can’t figure out why the VA would show my claim was withdrawn and then pay my retro and keep my remand pending. I guess to try to give me a heart attack.

[Scottish_Knight]

So many veterans in the House and Senate.  They know full well this system is broken and they do FA to fix it. 

My American uncle was in the Army and retired around 1976 after near on 30 years.  Even he knew how broken the VA was... then.  If the VA was a building, it would declared dilapidated, demolished and new one build.  Stop thanking me for my service and fix the damn VA!

[Scottish_Knight]

Update and question:

Yesterday the VA closed my most recent claim for Mental Health, Tinnitus and Hearing Loss were completed on 22 July (C&P).  I was awarded 70% for mental health and 10% for the tinnitus.  Hearing loss was a goose egg.  So, I am now 90%, as listed in eBenefits.

That's the update.  Now to the question.

I submitted my CUE claim at the beginning of May and it was rolled into the above matters.  It takes months for a VA letter to reach me.  One would think I was living on the isolated Sentinelese island and not in Germany.  Is there a means to learn the outcome of the CUE portion of my claim short of waiting a donkey's age for the letter?

Cheers!

[pacmanx1]

4 hours ago, Scottish_Knight said:

Yesterday the VA closed my most recent claim for Mental Health, Tinnitus and Hearing Loss were completed on 22 July (C&P). 

If the VA just closed your claim yesterday, wait ten (10) business days (until 8/25/2021) and call and ask the VA to send you an email copy of your decision. Don't say it normally takes sixty (60) days for you to get a letter just ask them to email you a copy. After the ten days when you call, if the 1 (800) 827-1000 number tells you they can only mail you another copy, ask to speak to a supervisor and then ask them. Keep in mind that the VA will say anything to get you off the line and try to be respectful. Just keep asking to speak to a supervisor until they switch you.