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Memorandum Toxic Exposure put in my records VBMS eFile.

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pacmanx1

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I filed a claim for GWS many years ago and of course my claim was denied. Going through my records today I found a recent internal memorandum from the (OABD) Office of Automated Benefits Delivery with this information. The VA denied my claim and if I had never got a copy of my file I would never know.  

The Department of Defense (DoD) has provided VA with authoritative data that verifies the veteran named below had military service that constitutes presumptive toxic exposure per 38 U.S.C. 1119.

Below list my name and my full SSN.

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Since I received 20% for bladder cancer, mine must be in that over 12,000 pages somewhere.  I will search the RBA for 38 U.S.C. 1119.

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I actually have two separate memorandums placed in my records. The other memorandum is for Persian Gulf Veteran - See 1117 that states:

The Department of the Defense (DoD) has provided VA with authoritative data that verifies the veteran named below meets the definition of a Persian Gulf Veteran as specified by 38 U.S.C. 1117. 

So, I am a little off and what was the point of my DD 215 listing my special awards that I served during my service? The Military of Records had already verified my service records and acknowledged my special duties and awards. 

 

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So I have three vets that I am working with that have the same problem.

Heras the example from one of their denial letter. Keep in mind that I know there military medical records and when I tell you that it is in there it is in there.

EVIDENCE
• VA Form 21-0966, Intent To File A Claim For Compensation and/or Pension, or Survivors Pension and/or DIC, received November 28, 2023
• Toxic Exposure Memo - Sec. 1119 Covered Veteran, received December 3, 2022
• Persian Gulf Veteran Memo- Sec. 1117, received January 27, 2023
• VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received June 6, 2023
• VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation Benefits, received June 6, 2023
• Private Treatment Records, Multiple Entries, RMC Neurology, Jessica Vincent„ received June 15, 2023
• Private Treatment Records, Dr. Matthew R. West, received June 19, 2023
• VA Form 27-0820, Report of General Information, received June 28, 2023
• VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received August 30, 2023
• VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received September 26, 2023
• VAMC (Veterans Affairs Medical Center) treatment records, Birmingham, received September 26, 2023, for the period February 11, 2023 to September 26, 2023
• Service Personnel Records (VIS), received September 26, 2023
• VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received October 16, 2023
• TERA memo, received October 19, 2023
• ILER report, received October 19, 2023
• VAMC (Veterans Affairs Medical Center) treatment records, Atlanta, received October 19, 2023
• VAMC (Veterans Affairs Medical Center) treatment records, Birmingham, received October 19, 2023, for the period February 8, 2022 to October 18, 2023
• VA Form 21-4142 Authorization and Consent to Release Information to Department of Veteran's Affairs, received October 20, 2023
• Disability Benefit Questionnaire (eye conditions), conducted November 22, 2023
• Disability Benefit Questionnaire (hearing), conducted November 22, 2023
• Disability Benefit Questionnaire (headaches), conducted November 30, 2023
• Disability Benefit Questionnaire (hand and finger), conducted November 30, 2023
• Disability Benefit Questionnaire (diabetes mellitus), conducted November 30, 2023• Disability Benefit Questionnaire (foot conditions), conducted November 30, 2023
• Disability Benefit Questionnaire (back), conducted November 30, 2023
• Disability Benefit Questionnaire (endocrine diseases), conducted November 30, 2023
• Disability Benefit Questionnaire (skin), conducted November 30, 2023
• Disability Benefit Questionnaire (neck), conducted November 30, 2023
• Disability Benefit Questionnaire (hypertension), conducted November 30, 2023
• Disability Benefit Questionnaire (hip and thigh), conducted November 30, 2023
• Disability Benefit Questionnaire (ENT), conducted November 30, 2023
• Disability Benefit Questionnaire (sleep apnea), conducted November 30, 2023
• Disability Benefit Questionnaire (male reproductive organ), conducted November 30, 2023
• Disability Benefit Questionnaire (heart conditions), conducted November 30, 2023
• Disability Benefit Questionnaire (gen med), conducted November 30, 2023
• Disability Benefit Questionnaire (peripheral nerves), conducted November 30, 2023
• Disability Benefit Questionnaire (scars), conducted November 30, 2023
• Disability Benefit Questionnaire (knee and lower leg), conducted November 30, 2023
• Disability Benefit Questionnaire (respiratory conditions), conducted November 30, 2023
• VAMC (Veterans Affairs Medical Center) treatment records, Birmingham, received December 12, 2023, for the period October 31, 2023 to December 8, 2023

INTRODUCTION
The records reflect that you are a Veteran of the Gulf War Era and Peacetime. You served in the Air Force from September 23, 1981 to September 30, 1992. You filed a new claim for benefits
that was received on June 6, 2023. Based on a review of the evidence listed below, we have made the following decision(s) on your claim. (This Vet was a Aircraft Mechanic. He filed for 26 issues via VSO. ) 

3. Service connection for Bilateral Eye Condition.
Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. (38 CFR 3.303)

A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence of aggravation of a disease or injury in active military service, and medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304)

The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR (He got metal in his eye to the point he had to be sent to a specialist at the local ER to get it removed)

This Veteran has had a server hart attack and stroke. He is limited to how he walks and use of one arm and hand. Further he had 7 eateries for high blood presser, 9 eateries for High Cholesterol, and one CORONARY ARTERY ,RISK EVALUATION in his military medical records.

Hears what the VA said about it. 

9. Service connection for Heart condition resulting in stroke and heart attack. Service connection may be granted for a disability which began in military service or was caused
by some event or experience in service. (38 CFR 3.303)

A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence of aggravation of a disease or injury in active military service, and 3)
medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304)

The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this
condition.

We considered whether your condition resulted from a toxic exposure risk activity (TERA) in service. (38 U.S.C. 1168, 38 U.S.C. 1710(e)(4)) The evidence of record shows participation in a
TERA.

We requested an examination with medical opinion based on toxic exposure risk activity (TERA). Although the evidence of record shows participation in a TERA, the medical opinion
provided by the examiner does not show an association between your claimed disability and in-service TERA. (38 U.S.C. 1168, 38 CFR 3.303)

Service connection for Heart condition resulting in stroke and heart attack is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304)
Favorable Findings identified in this decision:

You have been diagnosed with a disability. You were diagnosed with coronary artery disease and acute, subacute, or old myocardial infarction in 2023. Participation in a toxic exposure risk activity is conceded. Participation in a toxic exposure risk activity is conceded. Evidence shows that you performed service in Southwest Asia.

10. Service connection for hypertension resulting in stroke and heart attack. Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. (38 CFR 3.303)

A direct grant of service connection requires: 1) medical evidence of a current disability, 2) evidence of the incurrence of aggravation of a disease or injury in active military service, and 3)
medical evidence of a nexus (link) between the current disability and the in-service disease or injury. (38 CFR 3.303, 38 CFR 3.304)

The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

We considered whether your condition resulted from a toxic exposure risk activity (TERA) in service. (38 U.S.C. 1168, 38 U.S.C. 1710(e)(4)) The evidence of record shows participation in a TERA.

We requested an examination with medical opinion based on toxic exposure risk activity (TERA). Although the evidence of record shows participation in a TERA, the medical opinion provided by the examiner does not show an association between your claimed disability and in-service TERA. (38 U.S.C. 1168, 38 CFR 3.303)

Service connection for hypertension resulting in stroke and heart attack is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304)

Favorable Findings identified in this decision:

You have been diagnosed with a disability. You were diagnosed with hypertension in 2021. Participation in a toxic exposure risk activity is conceded. Evidence shows that you performed service in Southwest Asia.

Most all of the denials are the same. "The evidence does not show an event, disease, or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition."

"Service connection for hypertension resulting in stroke and heart attack is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304)" Really 7 eateries for high blood presser, 9 eateries for High Cholesterol, and one CORONARY ARTERY ,RISK EVALUATION in his military medical records in 20 years?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The Vet above has filled out the VA release forms for his medical records on his docs and the keep asking for more of the same from the same docs.

That is why I recommend that you get your own records from you docs and pick only the ones that show you have the current condition you are claiming. What you are doing is "handing them a hay stack and telling them to find the needle in it." I and other have also had the VA not use the records that shows you have what you say you have and use other stuff in there that have nothing to do with the problem.

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