Active duty medical records

[gangof4]

When I retired, I received my medical records which were unfortunately lost.  How can the VA research what I was treated for while on active duty if the original records were lost while in my possession?

[brokensoldier244th]

9 minutes ago, Dustoff 11 said:

Like I said Dude it worked well for me and fast but not for the faint of heart or followers.  I had very poor representation from Korean War DAV in Waco in 1985 who was hostile to Vietnam vets  and have successfully done everything on my own since then.  There is a very good reason why many many vets do not use VSOs and rely on advice of experienced other vets so live with it.

Whatever works for you, bud.

You've got your opinion with what worked for you, Ive got mine, based on the thousands of claims that I have worked on.

[Dustoff1970]

Then you admit you are a VSO or former VSO I take it.  Transparency is good and great day in the morning.

Also I don't play by VSO rules thank the lord.

Edited June 17, 2022 by Dustoff 11

[brokensoldier244th]

18 minutes ago, Dustoff 11 said:

Then you admit you are a VSO or former VSO I take it.  Transparency is good and great day in the morning.

Also I don't play by VSO rules thank the lord.

Wrong again, but thanks for playing. Its no secret what I do for a job, even in here. 

Edited June 17, 2022 by brokensoldier244th

[Lemuel]

Those that work in the VA prefer the VSOs because they are easier to get to in the office.  Going outside the VSOs is best because buddy relationships are avoided in getting a clear view of your case after the first try.

Both VSO Reps and ROs look at previous workups and if there were errors in those workups you have to go outside or do it yourself throwing everything at the wall to get previous errors corrected.  Even attorneys did not work well for me at the BVA level, and I could not get one to go to the CAVC.  Understanding the reason is helpful.  You cannot appeal a factual report without evidence it was "arbitrary and capricious" which means very obviously erroneous.

I am trying a statement of facts to the BVA for the follow up of my 2017 BVA decision with remands.  The examinations had limitations and did not include the remanded instructions.  Therefore, proof of "arbitrary and capricious" DRO exam orders. 

Will let everyone know how it works out.  I believe the BVA Judge will have to address each fact specifically that I have stated and provided evidence of record to back up.  For example, the confirmation of my temporal lobe epilepsy that was them mistreated with Tegretol making my mental condition worse as predicted in the precautions on page 983 of the 1990 Edition and current Edition of the PDR and the refusal to change medications until I weaned off and quit causing the Seizure Clinic to quit seeing me.

I am not surprised an RO or DRO would want everyone to go to a VSO.  Their work goes on overload answering congressional correspondence and it increases their backlog.

So, make sure in congressional correspondence you complain about the backlog.  Especially the backlog caused by COVID and people working at home, AKA sometimes working between kids or beers.  Because the computer was logged on for 8 hours does not mean 8 hours of work was being done.

That was and is universal.  I experienced it trying to refinance during COVID.  Luckly the delay let me get the lowest rate and closing costs at PenFed after trying SunWest, Quicken Loans and some others.  The extra cost of the 4% credit line for 3 extra months is quickly made up by betting down from 3.25% to 2.25%.  Now the rates are back up as people are back to the office and underwriters can place their money without so much competition.

Edited June 17, 2022 by Lemuel
left out definitive phrases

[Dustoff1970]

I haven't been wrong in any of my post detailing my 35 years of successfully representing myself in claims and appeals to the BVA and CAVC and the many hundreds of BVA and CAVC plus Fed Appeals Circuit court decisions I have commented on. 

Unlike many VSOs I have no negative prejudicial opinions against any vet or group of vets only those that misrepresent important claims info for other vets and/or tell only half the important story a vet needs to know.  Too many VSO help only the vets that they happen to like.

Edited June 17, 2022 by Dustoff 11

[Lemuel]

I had a very good DAV VSO in DC.  But when expat files got moved to Pittsburg and I received a "sensitivity 7" and no one could see my files.  The sensitivity seven officer left my claim undone from 2009 until the file was sent to Cheyenne in 2015.

One has to evaluate any representative including lawyers.  I had a lawyer essentially rip me off for $80,000.00 as 20% of my TDIU award because nothing had to be done.  I do not know what I was thinking signing the fee agreement before the remand decision was finished.

The DAV VSO in DC was the only one who did complete submissions to the RO.  My first DAV rep tried to do my claim right, but I messed it up. He listed my claims as, "Residuals of:" and then listed the items under that on a 21-4138 form.  And he explained why he did that.  I was called later to the VA Clerk's office to sign the 21-526 claim form and the clerk had only carried the residuals of to the first item on the list.  He did not insert the colon.  I was my own worst enemy on that rating decision.

I attribute that to anosognosia denial from my TBI.  That is an issue in trying to get some items EED back to the 1974 claim.