Higher level review

[Joey Ross]

I had a higher level review, and new C&P yesterday, and went to ebenefits this morning, and disabilities and payment history, and letters unavailable this morning. Is that a good or bad thing or is the site just down

Edited August 8, 2020 by Joey Ross (see edit history)

[Lemuel]

What happened to our old medical files?  The hard copies prior to digitalization?  I have been unable to get mine to replace items that have been removed from my C&P file.

[brokensoldier244th]

No, you log in as normal. Nothing has changed other than moving most everything to VA.gov. If you have no updated status of your appeal its because no one else does either. Every thing is taking longer, evidence gathering for federal records is taking weeks and months instead of days because one or more of the NPRC facilities are either on skeleton crew or locked down. They are not VA facilities, we have to wait for things just like the rest of you. 

[Lemuel]

1 minute ago, brokensoldier244th said:

No, you log in as normal. Nothing has changed other than moving most everything to VA.gov. If you have no updated status of your appeal its because no one else does either. Every thing is taking longer, evidence gathering for federal records is taking weeks and months instead of days because one or more of the NPRC facilities are either on skeleton crew or locked down. They are not VA facilities, we have to wait for things just like the rest of you. 

Thanks, for the info, 244.

[brokensoldier244th]

1 minute ago, Lemuel said:

What happened to our old medical files?  The hard copies prior to digitalization?  I have been unable to get mine to replace items that have been removed from my C&P file.

?? What are you asking? Those records have been at the NPRC for years. We have whatever was requested at different times for your claims, but the originals that are unscanned are at NPRC same as always. You can file a request under FOIA for your C file from VA or you can request your records directly from NPRC- but those are only medical and personnel. Your VA files have never been there. 

[Lemuel]

Just now, brokensoldier244th said:

?? What are you asking? Those records have been at the NPRC for years. We have whatever was requested at different times for your claims, but the originals that are unscanned are at NPRC same as always. You can file a request under FOIA for your C file from VA or you can request your records directly from NPRC- but those are only medical and personnel. Your VA files have never been there. 

The military records are at the NPRC, except for mine which have been incorporated into my C&P file along with some pages from other veterans files.  The VA hard copy medical records are unattainable in my experience.  They never made it to the NPRC.  Possibly because of that 5+ mile high stack of records waiting to be scanned found by the VA OIG a couple of years ago.  No contract to scan?  Waiting until all of us older veterans are dead so they do not have to be scanned?  The VA hard copy medical records are not.  At least they have not been provided to me on my FOIA requests.  Instead I get another copy of my C&P file by CD.

I will try to get the BVA judge to use the "doubt favors the veteran" because the absence of records removed that are provable within the record to have existed in the C&P file prior to digitalization.  Also, the previous BVA judge referenced a finding that indicated I was qualified to state items that I had a background in as fact.  Will use that also.

[brokensoldier244th]

VA does not sent records to the NPRC. We request them from NPRC, or RMC, or, after 2014, they are sent to VA automatically in digital format. Anything that goes to NPRC comes from the Services.

[Lemuel]

I have requested both from the NPRC and the VA RMC.  Same result from both.  another copy of my C&P file that does not have the missing documents.  specifically the progress notes from the VARMC West LA for treatment of seizures and spinal disc disease following a 1990 MVA and a couple of missing EEG reports.  There is a record of an AMIE request for the OPTR records in the C&P file and a transmittal but no progress notes.

The VA OPTR and IPTR in the VA hard copy Medical File would be much easier to work with.  It is filed in date order with the most recent date on top and the earliest on the bottom.  The progress notes were on one side and the lab and pharmacy, etc on the other.  The original C&P file was supposed to be that way also.  Bobby Ogden at the Central Office put my C&P file in order with reference tabs to original medical and rehab documents in 1996.  At that time the Progress Notes I need were in the file and VARO Denver was handling my claim which they denied because of the failure to process my I-9 SA and denied its existence, stating I had not filed it, denying my claim, though the 11/26/1994 SA is still in the file.  It is obvious documents were removed from my C&P file at VARO Pittsburg.

I had a couple of DRO hearings at the Central Office before the expats files were move to Pittsburg.  Pittsburg VARO was dysfunctional and never completed the decision for my 1992 appeal.

During that time 1995-2003, I had a home in Japan and lived on the street in Washington, DC with a P.O. Box with occasional trips to Japan paid for by my father-in-law.  I was petitioning the Central Office for TBI and other organic brain syndrome SC and compensation review.  I had given up working in 1985 and received TDIU back to September 1985 in April of 2020 from the Director, Compensation Services. 

Pittsburg VARO insisted I go back to Japan for a C&P in 2003 while I was a patient at VARMC Washington, DC.  I believe that came from the Central Office to get me out of DC.

[Rattler767]

On 8/8/2020 at 8:29 AM, Joey Ross said:

I had a higher level review, and new C&P yesterday, and went to ebenefits this morning, and disabilities and payment history, and letters unavailable this morning. Is that a good or bad thing or is the site just down

I have found out from 800 Betty that the VA is having problems with there mail system. So as an alternative  they can Secure email it to you. (This doesn't work because of how screwed up the VA secure email is. I am an IT person with 28 years of experience trust me) or you can have the fax it to you. I have an online fax service (Fax Pluss) so that's what I did.

[Rattler767]

On 10/21/2021 at 4:01 AM, GBArmy said:

Sorry brother; if I were you I wouldn't be buying any lottery tickets anytime soon! You got to re-group and figure out your next step. I don't know if you have it already, but I would get a new dbq from an ortho specialist that documents the severity of your symptoms. Look up the diagnostic code they used and see if you in all honesty meet the next level, say 20 or 30%. If yes, resubmit a supplemental claim. In addition, do you have other issues SECONDARY to the knees. like back or foot problems, stomach problems from pain meds, maybe MH issues because of lack of mobility and/or constant pain? I'd consider those types of actions as well. Get the data into your medical records with or before the submittal of the claim, and, be sure to add a new, strong Statement in support of your claim that talks about how it affects your daily life. Once you get a denial, you really need to be sure you address what the reason for denial of the higher rating is. If your specialist can refute what the examiner said, even better. Get cracken'; you can win this rating increase.

 

GB the advice to write a "Statement in support of your claim that talks about how it affects your daily life."  Is good advice as I wasn't thinking along those lines. Also is submitting other evidence as there are 23  of letters that I haven't up loaded. 

Please look at this forum link it will explain more as both the C & P doc and the rater chose to ignore om of the listed evidence that has probative value.  The same doc that made the Sworn Statement that has treated me from 2008 is also my Community Care Doc.

My now third PTSD C & P Exam in 5 Mo.

Edited October 24, 2021 by Rattler767 (see edit history)

[Rattler767]

Lemuel

There are two ways to get your VA medical records. 1. login to VA.gov and go to the records tab. you will have to figure out how to navigate it to down load what you want like clinic notes etc. you will have to know dates to do this. 2. You can go to the nearest VARMC they all have a place where you can go and they will print them out on the spot. I have done both.

[GBArmy]

s well as any supplemental claim. Can't use it for HLR or BVA direct lane, but if you have the option, use it. I don'y know if you need to submit 23 additional letters, but review them and if they actually support you claim regarding symptoms and for diagnosis, go ahead and submit. Once they are in your claim, you can at least call the evidence up during the C&P and ask if the examiner has read it. If he says no, that can be used in your appeal. Not  a whole lot you can do to move the case along regarding remands, but keep calling "Peggy" every week or two to see where it's at. The run around you are getting on your MH eval sure smells to me like you are being set-up for a low-ball rating at the least and maybe a denial. So get any strong evidence you have in if it is not there already. If your case is strong, then if you get a low-ball or denial don't mess around with a HLR. Most of the time they aren't going to make a favorable decision for you if you have been denied. Remember, with a HLR you can't submit new evidence. Go direct lane to BVA. Review 38CFR 4.6 Evaluation of evidence. It basically says that the decision has to be made using all the evidence. This is a very powerful law that the BVA will adhere to.

[GBArmy]

Rattler767 I'm not sure about what happened to the post, but the first part was in reference to statement in support of the claim. Use it for any new claim or supplemental claim you submit.