Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Filed Claim 1 Dec 2020. NPRC says it sent my Records to VA 21 May 21. VA says it is waiting for NPRC to send records.

Rate this question

bangkokbill

Asked by bangkokbill,

 Share

Question

bangkokbill Apprentice

bangkokbill

Posted
Posted

Hi Board,

US Army vet needs advice on nudging NPRC and VA to acknowledge where my service records are and move my Tinnitus claim forward to a decision.

By way of background info, I filed an online claim with the VA on 1 Dec 2020. I tracked the progress online and noticed it was stuck on evidence gathering for several months. I then requested (online) for the VA to make a decision, since I had no further evidence to submit. I attended a C&P exam on May 21, but my claim remained stuck on "Evidence Gathering."

I reached out to my congressman and both senators; one senator ignored me but the other senator and my congressman promptly replied around 20 Jun 2020 (OK, a staffer :) ) The VA says they requested my records around 28 Dec 2020 and 15 Mar 2021- and were still waiting. The National Public Records Center says my records were sent to the VA on 21 May 2021 and are no longer in their custody. 

During July, I have called the VA twice and was told they are still waiting for my records from the NPRC. 

Any advice on how to proceed? I'm stuck in limbo between two government agencies that are not taking responsibility and I have yet to find a decision maker that can move my claim towards a decision.

Thanks in advance!

Bangkokbill

Link to comment
Share on other sites
  • Answers 31
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Popular Posts

Berta
Berta

The MOS criteria I posted ,can help: "The claim of entitlement to service connection for right shoulder disability, diagnosed as osteoarthritis and impingement syndrome, is granted. The clai

GBArmy
GBArmy

Bankokbill Welcome to Hadit. The VA has a "duty to assist". The veteran doesn't have to provide copies of your military records or medical records; the VA is supposed to do the leg work. It takes long

Berta
Berta

That is Superb advice from GBA! By all means go over this list: https://criteria.njarmyguard.com/wp-content/uploads/fast-10-35.pdf This is an update of the original Fast Letter 10-35 th

31 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder
GBArmy Grand Master

GBArmy

Posted
  • HadIt.com Elder
Posted

Bangkokbill Congrats!! Nice job keeping with it. Check your state's Veterans' benefits, including registering in the town hall for exemption for property taxes (Home or car.)  Maybe life insurance. Check other benefits; here is a resource:  https://cck-law.com/blog/list-of-benefits-for-disabled-veterans/ Good luck.

Link to comment
Share on other sites
  • 0
bangkokbill Apprentice

bangkokbill

Posted
  • Author
Posted
8 hours ago, GBArmy said:

Bangkokbill Congrats!! Nice job keeping with it. Check your state's Veterans' benefits, including registering in the town hall for exemption for property taxes (Home or car.)  Maybe life insurance. Check other benefits; here is a resource:  https://cck-law.com/blog/list-of-benefits-for-disabled-veterans/ Good luck.

Thanks GBArmy! I actually received my direct deposit today, Who Ho! Although I was expecting 9 months of back pay, Dec 1 2020 to Sep 1 2021, they paid me for 8. The VA lists Jan 1, 2021 as the effective date on my Award Letter, which is a month after I filed the claim.

But I'm super happy to actually be rated.

Again, thanks to every one who advised me.

Link to comment
Share on other sites
  • 0
Berta

Berta

Posted
Posted

This is Fabulous news!!!!!!

I am so happy that you succeeded!

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Week One Done
      spazbototto
      spazbototto earned a badge
      Week One Done
    • Week One Done
      Paul Gretza
      Paul Gretza earned a badge
      Week One Done
    • Community Regular
      Troy Spurlock
      Troy Spurlock went up a rank
      Community Regular
    • Week One Done
      KMac1181
      KMac1181 earned a badge
      Week One Done
    • Week One Done
      jERRYMCK
      jERRYMCK earned a badge
      Week One Done

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept