I need to Prove I went to VA when I was released in 79 and in 2010 but was denied

[Ronald Bailey]

I got discharged in OCT of 79 with Hepatitis I was in the Hospital for 2 weeks, I was Discharged with Honorable Discharge I immediately to VA to file a claim they couldn't help  No Records of me being in the Hospital back then ( no computers back then) the VA was negligent what's the best way to prove I went to VA to file claim and they couldn't help because no records how convenient. I went to VA again in Phoenix AZ I could  not get Help a lot of documented Corruption that was 2010 then I went to VA again in April 2016 they filed a claim I'm very grateful its bitter sweet I couldn't help thinking i  would of got Help in 79 if my records showed up then how can i prove I went to VA back then?

[broncovet]

Given your TBI, I humbly suggest you get serious professional help.  

You have "at least" 3 choices to consider:

1.  Get a VSO.  To do that, go to your nearest VAMC and ask for one.  They should be able to point you in the right direction.  Cost:  Zero.  However, you may not get as good of a result as the following 2 options:

2.  Contact NVLSP.  They are a Pro Bono Veterans legal assistance.  I cant answer if you meet their criteria for representation or not, discuss this with them.   Their website says they have recovered over 5 billion dollars for Veterans and never charged the Veteran a dime.  

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors?gad_source=1

3.  Contact a NOVA attorney of your choice.  Most/all of these on the site below, will evaluate your situation, decide if representation is good for both of you, and not charge you anything UNTIL you receive retro.  Then, they typically charge 20 percent of back retro, but some may charge more.  https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

I have used some of the attorneys on this site.  Here are a number of law firms which have a good reputation, or that I have personally used:

1.  Carpenter Chartered.  Ken Carpenter has won many Veterans many benefits over many decades.  

2.  Glover Luck.  Julie Glover did a good job for me.   Most of my fees were paid by EAJA.  

 

3.  Attig Steele:  Chris Attig won me benefits, and I paid no fees, they were 100 percent paid by EAJA fees.  

4.  Hill and Pontoon.  They have a good reputation for helping Vets.  

5.  Bergman and Moore.. Also have a good reputation. 

6.  CCK law.  They have many attorneys, and may be the lagest firm.  They are experts at getting SMC.  

      Other firms are also good, I just picked those off the top of my head.  No offense against others that may have slipped my mind.  Stay with a NOVA firm, on the list, above.  

NOTE:  There are about 17 million or so Vetereans, and maybe less than 1000 or so attorney's who represent them.  So, you may well be turned down for representation by one or more of these "even if" you have a great case.  I have been turned down by several, and eventually sought someone else who won me benefits, so dont be discouraged with all, if the first one or two you contact is too busy to take your case.  

 

[Ronald Bailey]

8 hours ago, broncovet said:

Given your TBI, I humbly suggest you get serious professional help.  

You have "at least" 3 choices to consider:

1.  Get a VSO.  To do that, go to your nearest VAMC and ask for one.  They should be able to point you in the right direction.  Cost:  Zero.  However, you may not get as good of a result as the following 2 options:

2.  Contact NVLSP.  They are a Pro Bono Veterans legal assistance.  I cant answer if you meet their criteria for representation or not, discuss this with them.   Their website says they have recovered over 5 billion dollars for Veterans and never charged the Veteran a dime.  

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors?gad_source=1

3.  Contact a NOVA attorney of your choice.  Most/all of these on the site below, will evaluate your situation, decide if representation is good for both of you, and not charge you anything UNTIL you receive retro.  Then, they typically charge 20 percent of back retro, but some may charge more.  https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

I have used some of the attorneys on this site.  Here are a number of law firms which have a good reputation, or that I have personally used:

1.  Carpenter Chartered.  Ken Carpenter has won many Veterans many benefits over many decades.  

2.  Glover Luck.  Julie Glover did a good job for me.   Most of my fees were paid by EAJA.  

 

3.  Attig Steele:  Chris Attig won me benefits, and I paid no fees, they were 100 percent paid by EAJA fees.  

4.  Hill and Pontoon.  They have a good reputation for helping Vets.  

5.  Bergman and Moore.. Also have a good reputation. 

6.  CCK law.  They have many attorneys, and may be the lagest firm.  They are experts at getting SMC.  

      Other firms are also good, I just picked those off the top of my head.  No offense against others that may have slipped my mind.  Stay with a NOVA firm, on the list, above.  

NOTE:  There are about 17 million or so Vetereans, and maybe less than 1000 or so attorney's who represent them.  So, you may well be turned down for representation by one or more of these "even if" you have a great case.  I have been turned down by several, and eventually sought someone else who won me benefits, so dont be discouraged with all, if the first one or two you contact is too busy to take your case.  

 

I appreciate your advice

[Rattler]

On 7/4/2024 at 7:36 PM, Ronald Bailey said:

My Med Records are at the Eisenhower Hospital in FT Gordon GA not the VA I went to VA upon my discharge that was Honorable to file a claim which back then there was no records I went to the VA in Phoenix AZ In 2010 again they couldn't Help Me they couldn't Help Nobody Due to Massive Documented corruption that is well known in 1980 I put a written Request for my records at the NPRC in ST Louis I'm still waiting In 2016 I went to reginal office in Wichita KS thanks to Computers they finally help me file a claim now I'm Service Connected 100%  For Hepatitis  PTSD TBI and Sexual Assault which I'm Grateful for Wichita Helping Me Its Bitter Sweet because I told them my story of lost Records why would I wait till 2016 to file a claim when I was eligible upon my discharge in 79 A veteran get the Benefit of the Doubt also I was so Distraught do to my Disabilities I went to VA To get Help which I was a victim of Equitable Tolling Is why I didn't pursue My Claim every year because of the PTSD I got the Hepatitis and the TBI which I still have which was caused by the Assault

Eisenhower Hospital in FT Gordon GA is still open. TRy this link. If all else fails call them. They maybe able to tell you where to look. I am sure you are not the first Vet to ask the question.

https://eisenhower.tricare.mil/

• Location: Second Floor, 2T-01
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  In Accordance With AR 40-66, medical records are the property of the United States Government. It is the responsibility of the Outpatient Records Section (OPRS) to ensure that medical records are safeguarded from loss, tampering, and from unauthorized release of information. Medical records will not be hand-carried by the patient.

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• Release of Information

[Lemuel]

The records were probably shipped to that 5+ mile high stack that the VAOIG found that was found.  I tried to find my hard copy medical records but got no responses from the VARMCs that might have had them.  But then I went to many over the years.  Some I knew had them and transferred them to others.  Some clinics kept copies of their own records.  I discovered that when my file was lost in the 1980s.  It was rebuilt from a copy sent to California Rehabilitation and clinic copies plus new entries that had not found the file.  But there was a gap between the 1985 CA Rehab copy and the date the file disappeared.

I have been trying since 2003 to get copies through the FOIA system.  They were not provided because a "Sensitivity 7 officer" controlled them in VARMC Pittsburg.

If the contractors that got them to be scanned ever scans them we will get access to them.  Since the scanning has not been reported to have happened since the VAOIG found them, my suggestion is to follow my lead and write  to the VAOIG and see if they can locate yours in the 5+ mile high stack they found.  No response in about 5 years from VAOIG to any of my requests.

[Lemuel]

There are supposed to be transmittal records when the files were sent.  I have not even been able to get that from any of the hospitals I was treated at.

[Lemuel]

pacmanx1, I recently received a notice of docketing at the BVA.  The Docket number is the same as the previous docket number.  I realize the CCK attorney that called me was talking about the SMC-T claim which came later.  Someone else at CCK may be handling the BVA appeal, including the 1151 claim and appeal.  Or it may not be being handled at all.  Will try to find out Monday and report back.  If CCK limited what they were handling to SMC as the CCK Team Leader told me, then I do not have a representative at the BVA.  Only at VARMC and VARO for SMC is the way I read it.  

Anyone see it differently?

Based upon the above and the necessity to get the complete records of my West LA VARMC Seizure Clinic and Spine Clinic, I went to @broncovet''s NVLSP link:  https://www.nvlsp.org/what-we-do/lawyers-serving-warriors?gad_source=1 and filled out the forms for representation on this issue and the "shotgun issues" remanded from the CAVC which CCK may not be handling according to the CCK team leader's statements to me on the phone.  If they check with CCK and find the CCK team does not want to handle the "shot gun appeal" created by the 05/11/2017 BVA Decision remands that were not addressed and other claims that developed in the meantime, plus my past BVA Decision request for reopening under 38 CFR 20.1000, then maybe I will have to take the issues one at a time and ask the CAVC to remand them for fact finding at the only fact finder, the BVA.

My BVA appeal includes a 1994 next of friend claim, allowed at the time, for veterans with organic brain syndromes from TBI and Cerebral Malaria that was ignored and never developed while my two representative claimants were granted 100% P&T PTSD to remove them from the consideration.  But that should not work.  They should still have the causative issues open if they can be found and are not deceased.  

Included the link to this thread on my NVLSP request for addressing this issue as a class action and my BVA case if CCK is not going to do it as the Lead Attorney told me.

Edited July 6 by Lemuel
left out definitive phrases