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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. 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So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

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    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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  • 0

13 Year Old Claim From Kkmc Desert Storm

Question

Posted

Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

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172 answers to this question

Posted

Berta

I was always mad at the local VA officer here in hornell NY. I tryed to appeal the decision when we first moved here in 1997 or 98 Guess I should thank my lucky stars he didn't .

I did not know that the duty to asist thing could be that way either.

I know I did not have them Files and they sure wern't going to get them for me.so I kept at it. computers are wonderfull things if used the correct way! what is the DTA part and overcome Bell V Derwinski date thing I am lost here. If you are seeing a CUE too, That really helps me ,because I am brand New at this .I've been hoping I am understanding these laws right. I my self have put a lot of work in to this.I am still learning everyday. This hadit site has helped greatly. The knowledge here is unbeleavable.you and the other's are getting your angel wings

Rick

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Posted

***************** JULY 18 2006 ********************

A NEW LETTER TO the buffalo NY RO They have had all my records since Begining of june

I have a Name and contact phone # for the man at the national parsonal records center that will be handling my records till the VA is done!!

To Whom it may concern.

I am Typing yet another letter on behalf of my claim from the 1991 Gulf

Duty Injury that a received while on duty. I have recovered the missing

Medical Files that would have proved the claim back when I first asked for

help in North Carolina. The Claim would have been decided differently if the

Medical files would have been used at that time. Now that I have proved

beyond the shadow of a dought that this Injury did happen there in Saudi

Arabia at KKMC I feel I am being Ignored By the VA system. When I first

received these files and reopened this Claim I filled out my papers and info

Thinking That I would Finally get the help I have been asking for. Still The

VA system holds me up. Waiting for the right thing to be done. Knowing in

all right That these Files Prove a CLEAR and UNMISTAKABLE ERROR. With out

anything else even sent to anyone.I sent them hoping I would get the help I

asked for. But still I get put to the side. The things I read said that this

claim should be decided 1n 120 days or less . Still I wait. The Medical Files

Prove The Claim was decided with a CUE. I have Done my homework. The Claim

needed nothing else but the lost Medical Files reintroduced to be decided.

I am no lawyer but I am a veteran That will fight for whats is right!

I have also sent letters from Docter's that have treated me for this

condition, From my Union Business Agent that has watched me struggle to stay

employed, and other Men who know of the pain I have been through Trying to

Provide for my family. I feel as though The VA is a Orginization that a

Veteran must Fight to get What the Veteran has already fought for.

I received notification that the VA was still waiting for more informationfrom my files,

specifically proof of service in the mid eighties. I contacted St.Louis to attempt to get

my DD214 from this time and was just notified that they no longer have any of my

records. All of this information was turned over to the VA in June. Why is the VA still

asking me for informationalready in their possession? I feel this is nothing more then an

attempt on the part of the VA to delay this Claim longer.

The Pissed off Veteran,, Thats my name on on the letter

I'll just sign it !!!!!!!!!!!!!!!!!!!!!!!!!!! and have wife correct it !!

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Posted

McCool

I have been service connected for 35 years and yet when I asked for TDIU in 2002 the VA claimed that they could not go forward with my case because they did not have my DD214. You should be able to get your own copy from St. Louis. St. Louis provides certified copies to the VA and to vets. They keep your personnel records there and do not turn them over to the VA. I provided the VA with a certified copy of my DD214 so they could not stall for a few more years.

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Posted

They will do anything to delay a claim. Just because they can. They have several tricks to cause delays like asking for a DD 214 for a Vet who has been service connected for 35 years.

If the missing information is part of the official military medical folder, Then I think you will have success in your claim if you file a cue claim.

Remember to be dilligent with these people. Be Nice but frank. and do not take no for an answer.

Also visit the VARO to see the evidence in your claims folder in person. Ask for copies.

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Posted

They will do anything to delay a claim. Just because they can. They have several tricks to cause delays like asking for a DD 214 for a Vet who has been service connected for 35 years.

If the missing information is part of the official military medical folder, Then I think you will have success in your claim if you file a cue claim.

Remember to be dilligent with these people. Be Nice but frank. and do not take no for an answer.

Also visit the VARO to see the evidence in your claims folder in person. Ask for copies.

***********July 19,2006*************

I don't know what to do about this .You see I've been told that the VA has these records the VA has everything right now all of my records . The National personal records center has nothing of mine right now .I was told this by the man handling my Records there. He has called me and told me he cannot fill my request for records because the VA has them. I don't know if this is a stall tactic or what . What do I do Now ?? and my Claim is on standby for something the VA has in there system . Help!!

anyone got any advice on where else to get these records?

Rick Macool

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Posted

Macool, how long have they supposedly had all the information? They may be treating the received information as New Evidence which they often do just to stretch out a claim. With New Evidence, they almost start the process over. Have you received any Letters since the information was received?

I would be on my way to see the claim folder to see what was there and what was not. The Evidence may be there, but they may not even look at it.

I went last year and it pays to see the folder. I had received denial letters for years for Hypertension and Headaches. The Denials stated the record was negative for complaints, diagnosis, or treatment for these conditions. Well guess what? I saw the folder and found them both. I immediatly filed a CUE claim.

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Posted

They have had all my Info needed in this Claim since March of this year. I have emailed and called the local RO and they the VA peaple said the Medical files I sent were there, they were sent with copys of the Original Denied Decision and copys - certified copy of a DD214 from active duty time of the Injury.I don't even know or understand why they need a DD214 from 6 years earlyer.

I just sent a certified signed proirity letter to the RO manager informing her of where the records are and requesting the decision be made with out this DD214 because it has no value on the Claim at hand.Also requested the Letter she was reading be put in my file. And stated that this old decision was a CUE, I was firm but polite on the letter. Hope that helps The mess

macool

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Posted

They seem to employ illiterates at this VARO-

I just mailed Chairman Craig a 2 page complaint about them and exactly how this RO adds to the BVA backlog.

Veteran- have you possibly applied for SSI or SSDI benefits? They might have what you need-

I forget-do you have anything else going with any fed entity that could have these records?

What about Voc Rehab -could they have them? have you applied for VA Voc Rehab at all?

I think I am just looking for excuses for the distinct and proven fact that this RO often says they dont have what they do have-

I could write a book on them-

If you request a copy of your c file by mail (send the request to Donna Terrill and state the problem you are having with Ms. Kloc-) it will take time for them to copy all of your stuff but believe me I was shocked when I got a copy of my file -shocked-

everything they said they never got was in it-

to include a critical VA med report that could have resolved my 1151 claims in months instead of years.

They said it did not exist.

Yesterday I found in my c file another claim that they said last week that Rod never filed at all-

it was right on top of everything- and I re-opened this claim,attaching it to my initial claim over 10 years ago-which I won. This latest statement is one of the most bizarre things they ever said to me.

Did you ever register your DD 214 in the county offices in Hornell? That would provide a copy of it.

Vets-here in Steuben the county VSA recommends registering DD 214s with the county.

I sure dont. This is a way to hasten identity theft.

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Posted

Well I Just returned from bath and I found The DD214 at the Bath co Clerks Office !!!!! Great . So I took a ride down the street to the bath VA and Saw Sire Pete Gliha . He informed me that he had sent one This morning to the RO .Great. !! But He wanted my copy too.so I said sure But give me copys of this co certified copy. Well some how I left with out one copy of the DD214 from 1985 to 1986. All that work and Driving and I don,t have in my hands what I went to bath For .I need a Muscle relaxer and a beer! I,m now not sure I trust him , I've requested two more copys from the Bath Co Clerks Office . Tommorro I go for a Cat scan of my Eye or Head to see whats wrong with my eye .and one of my Hip. I,ll pick it up then, And I'll send copy certified and signed prority mail . Just in case!! Keep on keeping on!!!

Rick macool

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JULY 25th 2006 Getting there! I Hope??

Just keeping Hadit informed

I sent the Certified copys of the Original DD214 Monday the 24th. I sent them certified priority to the Buffalo VARO. Emailed the RO today they informed me that it would take upto 2 weeks for them to get new mail and get it to the proper file's and everything in line.Boy there Quick :) .Now that they have everything in line like they wanted How Much longer before they make a decision? does any one have any Idea how long from here? I still don't know why they even needed that DD214 it has nothing to do with the Claim. I,m just wanting to know how much closer it will bring me to a decision. That was the 3rd thing they needed from me and I can't think of a thing they don't have now .Even useless DD214's from 6 years prior? Does anyone have any idea how much closer.They have not asked for anything else.Could I finally be done with sending files and records??????????Sure Hope So

Macool

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"How Much longer before they make a decision? does any one have any Idea how long from here"

Rick- I have dealt with this VARO for almost twenty years regarding claims-

I have seen them award in three months , three years, and in 12 years in the case of two of my vets.

In each of the above cases each veteran had ample medical evidence.

Within 4 months of my filing a FTCA claim (I had filed a Sec 1151 at this VARO on the same day)

this VARO's regional counsel wanted to settle with me- but then the VARO buggered up my 1151 claim real good-the MF showed up(Mysterious force) to snitch the evidence from my c file. Every time I replaced evidence it disappeared again.

That evidence included a complete medical report from the Chief of Staff at the Bath VAMC who totally agreed that the veteran had been severely misdiagnosed.

This was regional counsels evidence to award the claim.

This report vanished. I took three more years to get this rersolved at the VACO level-

When I requested a copy of my c file some years ago- all the evidence (there was more withheld from VACO docs and the GC too )that the "MF" had taken out- it was all THERE!

They are saying now they never received something in 1994- it is right on top of the c file copies they sent to me.

At this VARO they do have some real good claims workers.A claimant does not have any choice as to who gets their claim however-some are good-

my DRO- she was on the job for 2 days and denied my claim- with a copy and paste replica if the initial denial.She didnt have a clue what she was doing-

My vet rep met with Susan Kloc and the DRO they acknowledged my IMOs-to him- but haven't ever used them since-I actually copied it to the back of all VARO correspondence and sent it in many times-however recent action I took- I know they will acknowledge it now-

I think Susan is overwhelmed up there-but I dont care-she gets paid well-their director is Donna Terrill.

Question- did you get a VCAA letter? If so was it specific to your claim?

Did you satisfy by evidence what the VCAA letter asked for?

Pete is a great vet rep- I am having some POA issues with them -Cannon is my vet rep there -hope to get that resolved soon.

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"How Much longer before they make a decision? does any one have any Idea how long from here"

Rick- I have dealt with this VARO for almost twenty years regarding claims-

I have seen them award in three months , three years, and in 12 years in the case of two of my vets.

In each of the above cases each veteran had ample medical evidence.

Within 4 months of my filing a FTCA claim (I had filed a Sec 1151 at this VARO on the same day)

this VARO's regional counsel wanted to settle with me- but then the VARO buggered up my 1151 claim real good-the MF showed up(Mysterious force) to snitch the evidence from my c file. Every time I replaced evidence it disappeared again.

That evidence included a complete medical report from the Chief of Staff at the Bath VAMC who totally agreed that the veteran had been severely misdiagnosed.

This was regional counsels evidence to award the claim.

This report vanished. I took three more years to get this rersolved at the VACO level-

When I requested a copy of my c file some years ago- all the evidence (there was more withheld from VACO docs and the GC too )that the "MF" had taken out- it was all THERE!

They are saying now they never received something in 1994- it is right on top of the c file copies they sent to me.

At this VARO they do have some real good claims workers.A claimant does not have any choice as to who gets their claim however-some are good-

my DRO- she was on the job for 2 days and denied my claim- with a copy and paste replica if the initial denial.She didnt have a clue what she was doing-

My vet rep met with Susan Kloc and the DRO they acknowledged my IMOs-to him- but haven't ever used them since-I actually copied it to the back of all VARO correspondence and sent it in many times-however recent action I took- I know they will acknowledge it now-

I think Susan is overwhelmed up there-but I dont care-she gets paid well-their director is Donna Terrill.

Question- did you get a VCAA letter? If so was it specific to your claim?

Did you satisfy by evidence what the VCAA letter asked for?

Pete is a great vet rep- I am having some POA issues with them -Cannon is my vet rep there -hope to get that resolved soon.

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Posted

"How Much longer before they make a decision? does any one have any Idea how long from here"

Rick- I have dealt with this VARO for almost twenty years regarding claims-

I have seen them award in three months , three years, and in 12 years in the case of two of my vets.

In each of the above cases each veteran had ample medical evidence.

Within 4 months of my filing a FTCA claim (I had filed a Sec 1151 at this VARO on the same day)

this VARO's regional counsel wanted to settle with me- but then the VARO buggered up my 1151 claim real good-the MF showed up(Mysterious force) to snitch the evidence from my c file. Every time I replaced evidence it disappeared again.

That evidence included a complete medical report from the Chief of Staff at the Bath VAMC who totally agreed that the veteran had been severely misdiagnosed.

This was regional counsels evidence to award the claim.

This report vanished. I took three more years to get this rersolved at the VACO level-

When I requested a copy of my c file some years ago- all the evidence (there was more withheld from VACO docs and the GC too )that the "MF" had taken out- it was all THERE!

They are saying now they never received something in 1994- it is right on top of the c file copies they sent to me.

At this VARO they do have some real good claims workers.A claimant does not have any choice as to who gets their claim however-some are good-

my DRO- she was on the job for 2 days and denied my claim- with a copy and paste replica if the initial denial.She didnt have a clue what she was doing-

My vet rep met with Susan Kloc and the DRO they acknowledged my IMOs-to him- but haven't ever used them since-I actually copied it to the back of all VARO correspondence and sent it in many times-however recent action I took- I know they will acknowledge it now-

I think Susan is overwhelmed up there-but I dont care-she gets paid well-their director is Donna Terrill.

Question- did you get a VCAA letter? If so was it specific to your claim?

Did you satisfy by evidence what the VCAA letter asked for?

Pete is a great vet rep- I am having some POA issues with them -Cannon is my vet rep there -hope to get that resolved soon.

JULY 26%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

I am assuming that the VCAA is the importent repley needed letter that ask's for the DD214 from 1985 to 1986. If thats it then yes I gave them what that ask's for word for word to the word. I found my Original DD214 and went and got certified copys fron the Steuben Co Clearks office and sent it to the RO and dropped one off to Pete. Thats what was holding up the claim . Even though it has nothing to do with it.

Macool :)

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JULY 26%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

I am assuming that the VCAA is the importent repley needed letter that ask's for the DD214 from 1985 to 1986. If thats it then yes I gave them what that ask's for word for word to the word. I found my Original DD214 and went and got certified copys fron the Steuben Co Clearks office and sent it to the RO and dropped one off to Pete. Thats what was holding up the claim . Even though it has nothing to do with it.

Macool :)

[/quo

Berta

I read what the VCAA letter is. I've had one I signed Since march To make the Decision as soon as possible. But the RO keeps sending the Importent Repley needed Letters and I have done all they have asked for there too.Like I said the RO should have everything now ! what next???

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What next is to wait it out Rick-

The Buffalo VARO is 2 weeks behind on their PCS as to showing anything received from the vet-

I would check there after two weeks at the 800# to see if they did receive this info- sometimes submissions are not put on their PC as received though-

I assume you have a Priority tracking slip or some Proof of mailing-

all you can do- since you have satisfied their requests-is to wait for their decision.

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What next is to wait it out Rick-

The Buffalo VARO is 2 weeks behind on their PCS as to showing anything received from the vet-

I would check there after two weeks at the 800# to see if they did receive this info- sometimes submissions are not put on their PC as received though-

I assume you have a Priority tracking slip or some Proof of mailing-

all you can do- since you have satisfied their requests-is to wait for their decision.

2 Weeks Wow ! Guess maybe by the end of August I might here something. Waiting is the hard part! Thanks for all of your help! I'll let you know when I here something more from them

Macool

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************************August,13,2006****************************

Here's whats going on with my Claim.

The VARO has not sent letters for the need of more evidence or Information from me. I have contacted them and they say they have everything I've been asked to send them. So the RO has all they need to make an educated decision based on the facts. I have emailed my SO and he says he will or would expedite this claim because he knows I cannot do my job anymore. So I sit here.........waiting. I don't think the SO is trying to hurry my claim up. He means well, but I am just another customer. The SO is going to tell me some thing to keep me Quite and Happy. Today -I emailed my SO and asked if I could request a DRO Reveiw .Would this move the Claim along? They have everything now and I've talked to the man that handles my records at the National Perrsonel Records Center in St Louis and he said the RO had my records for almost a month. What do you good people at Hadit think ? should I REQUEST a DRO Reveiw ?Will that work?? The RO has copys of the Original Decision and why it was denied.- Because of lack of Medical records-. And Now-The RO also has the records from the time questioned now ! that clearly state where when and how this happened. I was seen 4 times for what I claimed in 1993 that was denied because of the lack of Medical records That they the RO now has. Should I DRO Reveiw ???? Will that move it along???????????

Macool

************************August 13,2006****************************************** :rolleyes:

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MacCool

I forget but are you waiting for your initial rating? If you are waiting for the initial rating or any rating and the VA sends you the Assistence letter asking for records etc I write on the form that the VA has all the information and that I want them to make the decision based on the information they have in the file.

You don't want a DRO until you get your initial rating. Call the VA and ask them if there is anything else they need to rate your claim or if they are waiting for something. Make them look it up on the computer.

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As I stated, I also was denied a claim for "no records of accident or injury" and I did not appeal in time. When I did get the records I reopened the claim.

I then reviewed my c-file and found that the VARO NEVER REQUESTED MY RECORDS even though I had submitted two forms indicating the date and facility that had treated me for the injury. This IS CUE.

However, I did not have to file CUE. When I was awarded my re-opened claim, the VARO called CUE on themselves and awarded the EED. I will add that I had made it quite clear that I knew the law and of VARO's violation of it.

As to the origanal question, the only way to speed up the process is to file for an expidited decision for financial or other hardship. Still it is a long wait.

I strongly suggest reviewing c-file to find evidence present that the VARO had information as to the aproximate date and treating facility of the medical condition on the original claim. That is the information they needed to request these records. If they had the information and denied your claim based on SMR's (that do not have this type of records in them for Gulf War era) they MUST have written statement from the facility that should have them that they do not exist. No signed statement that the records do not exist equals CUE. In my case they did not even REQUEST my records.

2) Obtaining records in the custody of a Federal department or agency. VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to military records, including service medical records; medical and other records from VA medical facilities; records from non-VA facilities providing examination or treatment at VA expense; and records from other Federal agencies, such as the Social Security Administration. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them.

(i) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from Federal agency or department custodians. If requested by VA, the claimant must provide enough information to identify and locate the existing records, including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided. In the case of records requested to corroborate a claimed stressful event in service, the claimant must provide information sufficient for the records custodian to conduct a search of the corroborative records.

(ii) If necessary, the claimant must authorize the release of existing records in a form acceptable to the custodian or agency holding the records.

(Authority: 38 U.S.C. 5103A(:rolleyes:)

(3) Obtaining records in compensation claims. In a claim for disability compensation, VA will make efforts to obtain the claimant's service medical records, if relevant to the claim; other relevant records pertaining to the claimant's active military, naval or air service that are held or maintained by a governmental entity; VA medical records or records of examination or treatment at non-VA facilities authorized by VA; and any other relevant records held by any Federal department or agency. The claimant must provide enough information to identify and locate the existing records including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided.

(Authority: 38 U.S.C. 5103A©)

Time

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As I stated, I also was denied a claim for "no records of accident or injury" and I did not appeal in time. When I did get the records I reopened the claim.

I then reviewed my c-file and found that the VARO NEVER REQUESTED MY RECORDS even though I had submitted two forms indicating the date and facility that had treated me for the injury. This IS CUE.

However, I did not have to file CUE. When I was awarded my re-opened claim, the VARO called CUE on themselves and awarded the EED. I will add that I had made it quite clear that I knew the law and of VARO's violation of it.

As to the origanal question, the only way to speed up the process is to file for an expidited decision for financial or other hardship. Still it is a long wait.

I strongly suggest reviewing c-file to find evidence present that the VARO had information as to the aproximate date and treating facility of the medical condition on the original claim. That is the information they needed to request these records. If they had the information and denied your claim based on SMR's (that do not have this type of records in them for Gulf War era) they MUST have written statement from the facility that should have them that they do not exist. No signed statement that the records do not exist equals CUE. In my case they did not even REQUEST my records.

2) Obtaining records in the custody of a Federal department or agency. VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to military records, including service medical records; medical and other records from VA medical facilities; records from non-VA facilities providing examination or treatment at VA expense; and records from other Federal agencies, such as the Social Security Administration. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them.

(i) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from Federal agency or department custodians. If requested by VA, the claimant must provide enough information to identify and locate the existing records, including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided. In the case of records requested to corroborate a claimed stressful event in service, the claimant must provide information sufficient for the records custodian to conduct a search of the corroborative records.

(ii) If necessary, the claimant must authorize the release of existing records in a form acceptable to the custodian or agency holding the records.

(Authority: 38 U.S.C. 5103A(:rolleyes:)

(3) Obtaining records in compensation claims. In a claim for disability compensation, VA will make efforts to obtain the claimant's service medical records, if relevant to the claim; other relevant records pertaining to the claimant's active military, naval or air service that are held or maintained by a governmental entity; VA medical records or records of examination or treatment at non-VA facilities authorized by VA; and any other relevant records held by any Federal department or agency. The claimant must provide enough information to identify and locate the existing records including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided.

(Authority: 38 U.S.C. 5103A©)

Time

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timetowin

The Original Claim Was Opened with all info needed to find the records from the time injury happened, the Place the Injury happened, the approx dates it happened ,what I was seen for ,and about how many times I was seen.The RO in winston salem NC Tryed to find them and I tryed to find them too, but could not locate them and the RO made the decision without the Medical files. It was Denied because of lack of medical files that proved it was service connected.I kept trying to locate the files because I knew they the files had to be somewhere? Took a lot of years to get the files but I did so if I did, then the- VA - you would think could get them . I am kind of hopeing that with the existing Medical files Now introduced that the RO in Buffalo NY will do the right thing and save me the Cue filing thing too .It is being called a reopened claim now. Does this mean that they are going to give me the back moneys to? 15 years ago I started this fight to get my comp sure would be nice to be able to put an end to this battle.

Macool

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That is why you need to review your c-file.

If there is not a signed letter in there from the facility that had control over the records requested/or not requested, that the records no longer exsist or cannot be found, then your effective date should be back to the original claim.

I can guess with a high degree of certainty that you found your records in St. Louis with the treating facilities records. All treating medical facility records were sent to St. louis to be stored and were not added to servicemen's medical records. They are still stored by facility and not by service member.

I can also guess with my experience with VA procedure that the VARO NEVER specifically requested your treatment records and only your SMR's. When the information was not in your SMR's they KNOWINGLY denied your claim without looking farther. They give the impression to the ignorant disabled Vet that they have requested the needed records when in fact they recieve the SMR's and look no further. I thought they had looked for mine untill I reviewed my c-file and found no request for the records that would prove my claim.

I had sent a letter to my Senator explaining that the VA broke no less than eight Laws to deny my claim. And listed them. This letter was sent to the VA for explaination by the Senator's office. I feel that I did not have to file CUE because the VARO was well aware that I would.

Unfortunaley you cannot file CUE for EED untill you have been service connected and rated. Then you can file IF they do not give you the original claim date. Hopefully they will do it on there own.

Luck to ya.

Time

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***************AUGUST 14,2006***********************************

Today I have received some news- my pending disability Claim, it is within the Adjudication Division, the last movement was, July 31 2006.The VA tell's me to keep them posted with current address and phone number so if they need further info they can get the :rolleyes: info from me and if a decision is rendered I can be notified in a timely matter.

Rendered means given up, think about the way that is worded "Rendered" ? sounds like Some one surrendering in a war . Do you beleave that Sh!#.

My SO Rep wants me in his Office Thursday at 10:00 A.M. to Reveiw the file. Can't wait . . But he is saying we can call the VARO when I am there, to ask for a quick resolution. I've been on this since Febuary Quick has come and gone.

The VA has had the Medical Files since March 1st that the Orginal Decision was denied for, because of lack of- them files. It's a no brainer. A six year old could come up with the decision

Makes me wonder if this all Moved along because of the Letter and copy's of medical files and denied decision from 1997,I sent Mr Larry Craig _ Chairman -U.S. Senate Committee on Veterans Affairs. I sent that on july 27,2006 my claim moved forward on the 31 of july, now everyone wants to do there job there being paid for!! noisy wheels get oiled.

"Hope I am right about this "and the Buffalo NY VARO Manager Ms Susan E.Kloc gets a good old fashion a$$ chewing.

This is good I feel like I am getting someplace.winning the ground battle. Does anyone know what that the adjudication division does. And my SO Rep says that my claim or file was with the rater is this the same as the Adjudication Division. I'm guessing yes.am I getting rated for service connection or are they rating my % for injurys?

Macool

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As I recall- we have same POA and you go to their Bath Office-

My vet rep is the boss of your vet rep and he has told me numerous times he has no way to call the VARO except for 800# and cant talk to anyone there about a claim-yeah right

I just asked to be switched to the one you have - he is good.

I see nothing negative in what they said to you at all-Rick-

Patience goes hand in hand with a war plan- Berta

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:D ******************AUGUST 17,2006************************ :)

B) I went to see my State Veteran Counselor this morning ! We went over my file.Everything is there. I got him to Fill out forms while there for unemployability so he will have them ready for when I am rated. He also said he would Expedite my claim do to the Unemployability and the 5 Kids of mine and of coarse the financial problems from not working . :rolleyes:

He says he can have this thing complete in about 3 weeks. Is this Possable?? It all sounds to good to be true . Has anyone heard of a state veteran counselor doing some thing like this ? I am really hoping that this is true . Can this be done? Give me your feedback on this what do you think ?? Possible ? or Not Possible? What do you think Berta can sir Pete do this???? ;)

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