Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
Lemuel

Getting an IG Investigation

Question

How do I get an IG investigation into why the VA Medical Division cannot produce the copies of OPTR that have been removed from my C&P file.  At my BVA hearing, in response to the question of how to get the needed probative documents, the BVA Judge responded, "LOL, we can't even get them."  The reason is itself very probably probative.  Such as we were unwitting subjects in research and the researchers were too lazy to make the double original copies.  West Los Angeles VA Medical Center had its Research Credential abruptly revoked in 1999.  I suspect the documents I'm trying to get from 1990 and 1991 are involved.  I either need the documents or the reason I can't get them.  So far, even disputing the RBA at the CAVC has garnered neither and the Clerk has closed the dispute without getting his order to the Appellee filed.  Something suspicious in the way I was treated by the Clerk and the VA attorney in the hearing on the subject.  They claimed documents probative to the diagnosis of seizures were not relative to an increase in the TBI rating increase in appeal because there was a diagnosis of pseudo seizures.  The reason the documents are needed is to prove the diagnosis of pseudo seizures is erroneous and that I was treated with a drug, Tegretol, that was expected to often make the type of seizures I have, Temporal Lobe atypical absence and complex partial seizures, worse, even often causing generalized (grand mall) seizures.  PDR 1990 through the present.  The warnings are more severe in the current PDR.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Well good luck with this  I needed some records from an old VAMC I use to use but moved and no longer use that one..I requested my records about 10 years later and also my new VAMC  PCP Dr Requested my records  and they say they don't have them they shipped them off after non -useasge of that VAMC to an unknown location.

...I search and search for them  The VA search and search for them  I came up empty and it cost me some conditions I wanted to claim.

Share this post


Link to post
Share on other sites
  • 0
  • At least we need an accounting of why they can't get them.  Probably a "privatized archiving" that never expected to have to retrieve documents or the cost of retrieving them makes the VA renege on the FOIA requests.
    10 minutes ago, Buck52 said:

    Well good luck with this  I needed some records from an old VAMC I use to use but moved and no longer use that one..I requested my records about 10 years later and also my new VAMC  PCP Dr Requested my records  and they say they don't have them they shipped them off after non -useasge of that VAMC to an unknown location.

    ...I search and search for them  The VA search and search for them  I came up empty and it cost me some conditions I wanted to claim.

     

Share this post


Link to post
Share on other sites
  • 0

Welcome to shreddergate 10.4217.  

This has been going on for decades.  One of the more notable is the "OCTOBER 2008 incident", where the VAOIG found Veterans evidence "in the shredder bin to be shredded" at 5 different VARO's.  

The VA decided to solve the problem by no longer having these inspections.  

Even with evidence of shredding in my file, there is little which can be done.  Good luck getting the Kangaroo Cops (aka the VAOIG) to investigate themselves.  The fox guards the henhouse.  

Share this post


Link to post
Share on other sites
  • 0

Yes, My problem is in Denver VARO also.  I believe the last facility to have my hard copy medical record was Cheyenne which means it was archived or shredded with the Denver VA Medical Center files.  Wouldn't be a problem if they hadn't also pulled documents.  Seems like they attempted to clean documents relative to my claim from my C&P file but missed some references in the in patient records.

I think I'll go for a denial of due process in the loss and failure to obtain new copies from the originals.  I have enough evidence for that I think.  Will look for that IG report as additional backup.

Share this post


Link to post
Share on other sites
  • 0

Calling in the VAOIG will end up creating an investigation of you. I strongly suggest you go a different route. Go to the Denver ROI (Release of Information) office and ask for a complete set of all your records. Give them a date range -i.e. January 1989 to present (or whatever you need.) Anything from before March 1995 or thereabouts will be archived at the Records Management Center. They didn't begin using VistA programming until 1995. Chances are the records you desire are there but not in an electronic format. I had to obtain mine in 2008 and discovered they had none prior to 95. They were able to tell me they had the older archived ones, though. It took several weeks to receive them.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Vync
      For your C&P exams, did you ever have answers, but not the questions? When I reviewed my old 1997 C&P exams, I found just that. One of those actually included the original blank examination worksheet (now those are DBQs), but none of the others were included.
      I sent the VA an FOIA request asking for a copy of the original C&P examination worksheet for the specific body part/system. Yesterday, I received a letter from the VA saying they could not find it, but instead sent me a copy of the current DBQ. Gee, thanks for nothing.
      Fortunately, I was able to find the answer to my question via archive.org. I was able to find an exam that was a couple of years newer, but all of the questions and answers lined up and made sense. I recently posted an article describing how I found those:
       
    • By JaeT.21
      I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
      Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines.
      I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment.  Also I hide a lot from them, to keep my job, like  just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people. 
       
    • By JaeT.21
      Hello, I have C&P exams all in one day in January. Any advice on what to expect?
      Here's a synopsis on what I'm up against/working with. 
      - PTSD increase is based off several years of VA mental health treatment and a Nexus letter written by my mental health doctor, which named PTSD, Depression, Chronic Pain Syndrome with depression, Panic D/O with Agoraphobia and survivor's guilt as a diagnosis (last 3 are recently added to records).
      - Knee pain- VA issued me a big knee brace and my primary care (tricare) orthopedics specialist just put me an Ankle-Foot Orthosis (AFO) brace because she says I have drop foot and weakened ankle support which tried to compensate for my weak knee/muscle strength
      - Foot pain- I reviewed all of my previous C&P exams and realized my foot pain rating had dropped from 30% to 10% because the rater misquoted me (lied) on the C&P exam. I told him these insoles and stuff didn't work. that my feet hurt all the time. He wrote, I said they were not effective insoles and I have to use all kinds of feet massages equipment to get through my work days. 
      The primary care sent me to this foot pain doctor. All she did was cortisone shots (3 times) in my feet and tried to up-sell me on her brand of insoles. 
      - Migraines- Been at zero percent since retirement. Last year I was hospitalized twice and misdiagnosed with having TIA and strokes/CVA. My VA advocate put in a secondary claim to my service connected cervical damage.  End result not service connected for CVA/TIA.
      However,  ALL TESTS revealed that I've never had a stroke.  The neurologist diagnosed me with Hemiplegic Migraines. These rare migraines an mimic strokes, causing weakness on one side of the body. They can last from a few hours or in my case,first one lasted 3 months.
      The neurologist provided a letter stating that all of the hospital doctors had misdiagnosed me with having CVAa.  He also diagnosed me with exertional headaches.
       
      I know I'm no more special than the millions of other veterans out here, but this "deny 'til they die" tactic is wearing me down.
       
      Thanks for any advice.
       
       
       
    • By bigoc
      I requested connection for psoriatic arthritis of the right hand, left wrist, and both feet.  In addition to these joints the RO requested a C&P exam of shoulder, hip, elbow, wrist, knee, and ankle.  I have no idea why they did this but it is possibly beneficial to me.  I'll attach this part from my c-file at the bottom on this post.  The VA only decided on the four claimed joints.  The other joints that the VA put in the C&P request were never evaluated or referenced in anyway.  This includes no mention in rating decision letter or during the C&P.  
      Fast forward to 2015 I report for a VA requested future exam for the four SC joints.  I made the complaint of joint pain in 11 joints to include the joints stated above from the 2009 C&P.  These were recorded in the results as pain.  In addition to the documentation in the 2015 exam, they VA acknowledged the additional joint pain and suggested I contact them if I wished to claim these.  I stupidly did not see this until recently. 
      Would I be able to get these joints connected and EED back dated to 2009 or 2015 based on an inferred issue and that no decision was made on the other joints?
      Again the VA is the one that requested the additional joints to be evaluated in 2009 and not me.  Then they were never addressed.  I am interested in this because I have been finding information on claims being considered open if the VA never renders a decision.  While they rarely miss a veteran claim they often miss inferred issues.  This seems like a pretty obvious inferred miss to me.  The VA specifically requested the additional joints. Might be a stretch but this would be significant retro.
       

    • By jdelta
      Like the title says, i go to have an exam for fibro, gerd, and eczyma. Now the last one is a toss up, and the gerd maybe too i don't know. A doctor outside the VA diagnosed me with fibro a few years back. He was an idiot though so i don't know if it was documented(probably, but i also have 30 percent for p.s.t.d. so i'm probably being paranoid). Then again this doctor told me it was my weight blah blah blah. I told him multiple times that a few years prior i was going to the gym alot and the pain has become worse as i age amking it harder to be as active. I try to eat good(chicken and rice, oatmeal) most of the times but we are human. So back to the exam, i have only had one for the p.t.s.d. I was in Iraq day one of the war(March 2003). I was around burn pits and was exposed to the aftermaths of exploded tanks and buildings(hell some we even enter to make sure nobody was hiding or any wmd. I'm registered for the burn pits. I just don't know what to expect, will it be questions, will it be a physical? It's an outside contractor, so i'm hoping less va bias. I'm also too the point of drowning in debt. It's trigger my p.t.s.d. to the point my wife can't even sleep due to my nightmares and waking up with night terrors. I have become much angrier and lashing out. Not physically though, but i don't know what state i'll be in if i get another denial(btw with what i mentioned, i have a bva for freaking tinnitus even though i have stated where i have been. I was also a cavalry scout in the army so i was trained for combat. I have lay statements from a battle buddy, mom, wife, ex and a friend. I just need to know what to expect or what else i need to do to have a shot at an approval? I'm also filed for apnea, va diagnosed me and i have a cpap. Never had a chance to have any of this documented in service due to being told to man up. 
  • Ads

  • Our picks

    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 6 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines