Supplemental in AMA Timeline

[Miken2c74]

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

[GBArmy]

pacmanx1 is on the mark. I too don't like the fact that your VSO refused to file the claim. All too often, they don't have a clue. You are the customer. That said, the facts remain that it is hard to get any disability approved by GWS, but it is near impossible to do so without a nexus from a doc, especially a specialist in the field. You may be absolutely correct in your opinion of your medical opinion, but it doesn't count because you are not a medical professional. Therefore, your opinions on a medical diagnosis doesn't count. Get a IME and IMO from someone who is qualified to counter your denial. It is the only way you can win. Make it sound because you more than likely will have to go to court on this. Good luck Mile.

[kanewnut]

I continued to seek treatment for the pain which for the most was unresponsive in my extremities, muscles, joints and in 2016, per VA records.

Is this listed in your VA medical records? Do you have any of this listed in your SMR/STR( service medical/treatment records)? Who has diagnosed you with  - "I was diagnosed with Fibromyalgia which is a Presumptive Persian Gulf War medically unexplained multisymptom illness (MUCMI). 38 CFR 3.317Compensation for certain disabilities occurring in Persian Gulf veterans."? 

I am asking for a reconsideration on the decision dated May 21, 2019, denying service connection for my Gulf War Presumptive disability (Fibromyalgia).

If you have not already done it, I would do a search for "VA reconsideration" and read what some of the law firms say about it. 

Edited May 27, 2020 by kanewnut
add reconsideration comment

[Miken2c74]

Yes Sir it is listed

[Miken2c74]

I appreciate all the replies, and I have to say sometimes I am bit pigheaded to say the least. I have a lot of IMO/IME I need to get, but unfortunately I am in a little dilemma. I am in Germany, to find an English speaking doctor, "willing" to go out on a limb and perform a IMO/IME is  is like trying to find a bb in a boxcar.  

But, check this out yesterday I had a couple of interesting conversations. A contractor contacted me in regards to my upcoming C&P exams. I had to verify my information which I did. After verifying my information right before we hung up ending our conversation, the person on the other end said to me we will be sending you an email to verify that you are receiving emails, secondly to verify that you can open attachments. The person said "Please acknowledge that you received the email, opened the attachment and read the attachment, I said ok and we hung up. About 5 mins later I received the email I opened it, read it, open the attachment and started to read it. The attachment header said, "Notice of Privacy Practices and Frequently asked Questions. The first part of this publication says " The evaluation services provided by Veterans Evaluation Services (VES) are covered under the Privacy Rule of Health Insurance Portability and Accountability Act (HIPAA). Your claim-related medical information is received directly from the VA and is shared only with the C&P medical examiners. VES is merely the temporary custodian of this information, and therefore it can only be released back to the VA. Should you require any of your own medical information, or wish to obtain a copy of your exam report, please contact the VA at 1-800-827-1000". When I read that it felt like someone hit me in the head with a hammer. \

Question 1. VA is releasing my file to VES under HIPAA, Tracking ? But why is VES releasing that same information to someone who's not under HIPAA. I am in Germany, every C&P I have been to has been by a German national citizen with a German tax number, GERMAN !!!. They are sending that information unencrypted, that is a NOGO. 

Question 2/ Statement. Why is it that we have to ask to have a copy of this C-file and we have companies giving out this information willy-nilly?

So, I professionally called VES with this new information and asked is it legal to transfer my personal information, unencrypted, to a foreign government or entity without my permission?

Crickets!!! and on Hold 30 mins, So I called VA with the same approach and asked them the same specific question? Of course, the rep on the phone could not answer the question so I asked him to put in an inquiry per our conversation and to have someone contact me back with a reply.  Maybe he did maybe he didn't, so to make sure I am thinking of sending an IRIS.

So, this is what I think will happen,  they will say I have to authorize VES to transmit my information to the examiner, I will say no but they can send it to me and I will take it with me to the appointment. I don't understand the difference between sending it to a local national /German and sending to me.  OK @GBArmy tell me what you think.

[GBArmy]

Miken2c74

Here's my two cents. Question #1 You are absolutely correct; the VA sends it to VES, one of a few subs that they contract for C&P's. Since the US has veterans overseas, they also contract with VES to do those where they can access. Otherwise, as you are well aware, there are serious logistic problems getting it done otherwise back in the states. Problem is, the VA's legal beagles never thought to tie that lose end. What I suspect, however, is that if you persist, they will schedule your C&P back here. If you don't comply, they will deny because your failure to comply.Question #2-no comment. Now, you may be correct that they will send it to you and you bring with you. The contacted examiner has to be fully aware of the arrangement and and willing to go along. As company policy, I don't believe that they can accept medical evidence from the veteran. Some will, but it isn't regular procedure; that's what I was told. So, your exam may take a while longer as he has to read your info for the first time.You, my friend, are between what is called a rock and a hard place. One thing I thought of is see if you can just use your claim number and redact your name and ssn on all of the paperwork. And if you get it back directly instead of going back to the VA, you could add that info back on. Don't see them doing that option at all. They would send it, probably electronically, direct to the VA.

[pacmanx1]

You only asked GBArmy  for his opinion but I will add my two cents. I think you are still missing the point. This is not burger king where you can have it your way. The thing is most likely VES and this C & P examiner are under contract with VA.  VA does the exact same thing to veterans stateside as to, if a veteran has a contract C & P exam, the veteran must request a copy of the C & P exam from VA not the C & P examiner. Your C-File is not being transferred/shipped to the C & P examiner, just pertinent medical records which most likely is part of the VA Medical Records System which no veteran has access to. You/we veterans do not even have the software for VA to give us access to our records, so why would VA just send them to you. It is not a simple Email.  Always keep in mind that VA, doesn't trust veterans.  Unfortunately everyone is not honest and documents could be added or omitted if VA did send veterans their C-File to take to C & P examiners. You must remember that this is VA's game and you have to play by their rules or VA could either deny your claim or as was already mentioned, schedule you to a stateside C & P Examination.