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13 Year Old Claim From Kkmc Desert Storm


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172 replies to this topic

#41 Berta

 
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Posted 26 July 2006 - 09:29 AM

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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#42 Done wit this

 
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Posted 26 July 2006 - 09:37 AM

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

Edited by macool, 26 July 2006 - 09:38 AM.


#43 Done wit this

 
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Posted 13 August 2006 - 10:48 AM

************************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:

Edited by macool, 13 August 2006 - 10:57 AM.


#44 john999

 
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Posted 13 August 2006 - 03:03 PM

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.

#45 timetowinarace

 
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Posted 13 August 2006 - 05:28 PM

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©)


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#46 Done wit this

 
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Posted 13 August 2006 - 07:07 PM

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. 5103AŠ)
Time



#47 Done wit this

 
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Posted 13 August 2006 - 07:31 PM

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

#48 timetowinarace

 
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Posted 13 August 2006 - 08:03 PM

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

#49 Done wit this

 
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Posted 14 August 2006 - 12:11 PM

***************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

Edited by macool, 14 August 2006 - 12:33 PM.


#50 Berta

 
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Posted 14 August 2006 - 12:47 PM

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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Posted 17 August 2006 - 07:19 PM

: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???? ;)

#52 Done wit this

 
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Posted 18 August 2006 - 09:41 AM

:) ******************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 . :o
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???? :P

Does anyone think this will get done in 3 weeks??

#53 Berta

 
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Posted 18 August 2006 - 02:11 PM

Rick- I believe if Pete can get it done , he will----known him for many many years- he has an excellent reputation- and I just got him as my new vet rep !

He is not saying he can control how long it takes to rate you-

he is saying what I believe is that he will push for the TDIU -When they rate you-



His boss was my other vet rep ---talked to Pete the other day and I am so happy and so relieved that I could be switched.

Believe me Rick- I now feel I have the Best vet rep around with Pete handling my stuff now.
His boss , as my vet rep, for over 3 years, said he could not call the VARO and had no contact with them or the DR0s.He tried to kick out a vet client because the vet called me up on the phone-

I better not say too much here- long story and I gave him Benefit of Doubt too many times-

You have the best POA and the best vet rep around these parts and I live in these parts so I know-and now I have Pete Too!!!!!! WHoopee!

#54 Done wit this

 
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Posted 08 September 2006 - 10:32 AM

*******************SEPTEMBER 8, 2006********************



Three weeks come and gone. I have contacted my Vet Rep 2 times after last post here. He told me to get everything in line then to get my Congressmen Involved if I could? You would think the man would know I already had done this? but my Vet Rep has no Idea what is going on with my Claim. I don't think he cares at all. He does not answer emails, and does not inform me on anything unless I contact the vet rep and ask .-Sorry, Berta you were not right, Pete is just another Pawn in a Chess game that works with the VARO.


I have gotten a Congressmen involved the second week of August ,The congressmens man has replyed to all emails I,ve sent him with any news he has received. Informed me of a upcoming medical exam letter to be sent to my home for the CP exam and reveiw ,and wanted to know if I have received it yet and the why not. he has been involved and supportive in all contact with his Office. the congressmens Office has even called my home 5 times and emailed me at least one dozen times.


I beleave That Most State Veteran Counselors are wasting good air and money someone usefull could have


We Veterans must take arms and Fight the VA or we are doomed from the start.






Macool

#55 Berta

 
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Posted 08 September 2006 - 11:02 AM

Rick- I am surprised too that he recently gave me similiar advise-

Yesterday he asked me a question and I almost died-it is about a POA form that he should know all about-

Rick-I had enough and I gave the division 2 weeks to do what I asked them to do-
I have had only one thing done in my behalf by them in 3 1/2 years and that got buggered up there with the DRO-

I made it clear and Pete got stuck with passing my emails on to Albany and Buffalo- if they do not do what I what within two weeks- I am filing a formal complaint with the Governor-

I have gotten many emails from him-especially since I sent the division a Listen Up strong statement of what I want-
one late last night and another this- AM-

But I replied this AM the division now has 13 days left and I added 2 more individuals that I am naming in my complaint.

I might really go berserk at the recent request I made from him-
if my POA file at Buffalo was destroyed-

Pataki as well as the VA will get a bill for $4,500 if that occurred.

I am appalled. When my daughter served in the Military for 7 years, she had to pay NY State income tax- they get paid through that,I too have had to pay state taxes-for what?

My kid didn't live home- she was all over USA and in Vietnam and still she paid state taxes the whole time she was in the mil-
and it appears to me Rick -that our state paid POAs do not have a single clue on the regs-
I got email here from Albany that is outrageous-

I gave them the Benefit of Doubt and did not question some stuff that happened-I have know GG up at the VARO for 20 years! But I will be damned if they think they can get away with the treatment I have been getting from them-

They are actually pretty upset-and moving on this- so Pete says-
but their clock is ticking- I apologise- to all-- this is not appropriate for me to put this stuff here- then again- how many of you can relate to crappy vet reps?

It is bad enough that the R0s cant read or respect our rights in 38 CFR but you would think our vet reps would-

I have documentation that shows some of my POA reps dont have a CLUE on 38 CFR.
and it will all be used against them unless they do what I want in the next 13 days.

Edited by Berta, 08 September 2006 - 11:04 AM.


#56 Done wit this

 
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Posted 08 September 2006 - 12:06 PM

I have not been in this game as long as some . But I have learned in this short time that My veteran counselor is not worth a crap he has not done a thing for me. I am glad I kept working the Clam . I try to do something each and everyday. Today I received an IRIS email informing me my file is at the bath VA medical center. I had to dig for the Info because the veteran counselor does not do his job . This is what he is for, and he does not have a clue. I even had to tell the man I was eligable for unemployability, again his job! I will not threaten ,I will just take them out. I really don't care about them because that is how they treat me.

Berta , Give me the people to write and file formal complaints and I will follow suite. They are not doing the job they are paid for. There for they need to go. This would only help the new Veterans that are returning now from their duty. It is our duty to help them.


We are in a battle Fight to Win



Macool

#57 Berta

 
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Posted 08 September 2006 - 12:43 PM

To Write To The Governor:
Governor George E. Pataki
State Capitol
Albany, NY 12224 you can email him at his web site too-http://www.ny.gov/governor/
they will kick it over to Albany and that will get a response from them-been there on that-


518-474-8390

Or I suggest that first you email their main office at info@veterans.state.ny.us to make them aware of your problem and give them a chance to fix it-

Not saying what you should do Rick- but I have stacks of emails to and from them for over 2 years-
and the last complaint I filed at Albany in 2004-at this email addy did get attention-

State your complaint and tell them you want some clear action.

They have some wannabees vet reps there who might reply-in that case-put Attention Harvey Mc Cagg,resend your complaint and you might get some better results.

I have done all I could think of to do for 2 years with them to get my claim squared away-- but actually I only realized recently how negligent they have been.

I heard good things about Pete, Rick, I sure did, but what he asked me yesterday was ridiculous-I am worried about him as my POA- but I refuse to rescind my POA for SPITE.
I pay and my kid paid their salaries.
I think they are her POA too.

#58 Berta

 
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Posted 08 September 2006 - 12:48 PM

To Write To The Governor:
Governor George E. Pataki
State Capitol
Albany, NY 12224 you can email him at his web site too-http://www.ny.gov/governor/
they will kick it over to Albany and that will get a response from them-been there on that-


518-474-8390

Or I suggest that first you email their main office at info@veterans.state.ny.us to make them aware of your problem and give them a chance to fix it-

Not saying what you should do Rick- but I have stacks of emails to and from them for over 2 years-
and the last complaint I filed at Albany in 2004-at this email addy did get attention-

State your complaint and tell them you want some clear action.

They have some wannabees vet reps there who might reply-in that case-put Attention Harvey Mc Cagg,resend your complaint and you might get some better results.

I have done all I could think of to do for 2 years with them to get my claim squared away-- but actually I only realized recently how negligent they have been.

I heard good things about Pete, Rick, I sure did, but what he asked me yesterday was ridiculous-I am worried about him as my POA- but I refuse to rescind my POA for SPITE.
I pay and my kid paid their salaries.
I think they are her POA too.

"I even had to tell the man I was eligable for unemployability, again his job!" I was very disturbed one day when I was there and they couldn't even find a TDIU form-
I could have brought them plenty -

I gave Pete's boss lots of hadit business cards last year and he said he would give them out to the vets who came in- I wonder if he did-
I sure suggested he get on line here too-he would have learned something about the way claims should be handled and would not be in the crapper now because I have complained big time about him.

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Posted 08 September 2006 - 01:05 PM

As I stated Before I do a radio show on sunday mornings on Freedom 105.3 my wife runs this radio station. Every year we do a couple of drives for the troops overseas and at that time I meet people like Congressmen Senators and others because it is good public relations for them They all show up for the support the troops drives. I will do my thing when I get the chance to do so. They will take care of me because I could be saying good things about them using 55,000 watts with about a 4 hundred mile radius of coverage. in other words I have an very loud mouth.

I feel now that something needs to be done about our local VA system here in western NY, Think I'm ging to really start raising hell. I'll get my wife to do a support the troops drive thats always a good day for everyone involved and it lets the troops know someone cares and remembers .



Till then I'll start writing to the places listed and find others. Lets see if I can help bring the ceiling down on them


Macool

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Posted 08 September 2006 - 01:47 PM

Rick one of our members- an email vet friend of mine has written to Senator Schumer. The reply from the Buffalo VARO contained their mention of a potential Sec 1151 claim.

Yikes- right in the vet's C & P exam the VA doc also gave evidence of Sec 1151.
We whipped that 1151 claim together in a heartbeat.

I suggest writing to either Senator Schumer or Clinton.

I wrote to the Chairman of the Senate Committee on Veterans Affairs-he got my letter and 5 days later VA got his letter.

It was with a Cong liason person last week but this week 800# doesn't know where it went.

They hate mail from Congressmen ans Senators because they have to actually read the claims file enough to answer the letter.

I told Senator Craig a little about the DRO conference my POA had with the DRO and what my POA vet rep said when he called me.
and that my IMO -the purpose of the conference -was never mentioned by the VARO -ever even after that conference.and of course my POA has no documentation whatsoever that he gave her the IMO or even discussed it with her.

Our mutual POA just found out about that dime I dropped on them with Sen Craig.

My phone up here has been down for 2 weeks- they are repairing the cables (I hope)
It rings but I cannot hear over the static-and the call box doesnt pick up who it is- the vet reps have probably been calling me as well as emailing-it has been ringing a lot- but

Rick-if they call me after the phone gets fixed-I have the call box and I wont answer it-
they have to respond in email to me-phone calls just help them perpetuate lies.
I cant prove what the vet rep said to me by phone but I certainly did not lie to a Senator about what he said.

Edited by Berta, 08 September 2006 - 01:49 PM.


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Posted 08 September 2006 - 08:19 PM

I have not been rated as of yet . but it is in the works . The VA has denied me for 15 years saying there is no proof of service connection from time claimed. I have found the missing Original medical files from desert storm and submitted them to the VA for the first time in 2006 feb of 2006 they denied me because of lack of medical files from the time claimed that I have now sent them the files that were missing . do you feel a cue I DO . It is now the Veterans turn to do the screwin wait till they do my medical exam . I have had people ask me for lotts of years what I was doing in the feild of employment that I did and I told them feeding my family did what I had too but now I am unable and its the VA fault for not doing the right thing in 1993 when I first filed. Don't give UP thats my story. Veterans Got to fight the VA if they know what the truth is then Don't give up till the Fat lady sings.



We are in a battle Fight to win


Macool

#62 Berta

 
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Posted 09 September 2006 - 08:47 AM

Rick -that 1993 decision might hold potential for CUE-

I am beginning to think our mutual POA 's dont know what a CUE claim is-I have had no input at all from them regarding my two CUE claims filed in 2004 that the VARO is working on now-they have never submitted a claim in my behalf although I sent my claims in-with copy to them and I have never received any formal acknowledgement at all from them-

As you know the Division has 12 days left to satisfy my request-
during the next 12 days they will have to address a separate CUE issue I have up there with Ms. Kloc at our VARO-

I suggest that you wait for me to see if they actually have a CLUE on what a CUE claim is-this is the one I asked the VA to call on themselves and I want the division's full support on-
when they find something in their Buffalo office -they are looking for- and it better be there-I will go over and see Pete- I will see what his understanding is of my two 2004 CUE claims-
then we can see what their real potential is to help you with your CUE claim.
His boss is the main reason my claim was screwed up so his boss there would be useless on your cue claim.

Our mutual vet rep asked me a question Wednesday that was so bizarre that I am already leary of him too-
He also assured me that my request (it was an order) went to the proper channels in the division.
I dont like to doubt him but Monday AM I will see if it has gone to their Director and if not
Dr. Basher will hear from me AGAIN-(I had 2005 problem with them too)
and Basher will then be put on my complaint to the Governor if he doesn't help resolve my issues.

Macool- between you and me-don't tell anybody-
that office is Bath is royally screwed up big time and it took me years to see how screwed up it is!
and if anyone out there has had poor representation at NYSDVA -in the Bath office at the VAMC- please PM me and file a complaint below-dont PM me if you are not going to file a complaint-
Rick -Have you emailed them with your concerns in Albany?
That addy I gave you is where they run their show.

New York State Division of Veterans Affairs
http://www.veterans.state.ny.us/

email- info@veterans.state.ny.us
Address your complaint either to Harvey MC Cagg (they told me he was a lawyer but I dont know) or to the Director George Basher.

Edited by Berta, 09 September 2006 - 09:05 AM.


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Posted 09 September 2006 - 10:00 AM

Berta



I have brought up the CUE thing to our Rep and he agreed with my and your thoughts on it being a CUE claim. He also said that if I started the Cue Claim without the first claim being decided that the 1st claim would be held up. From what I have read and been informed that is true. I have written Mrs Kloc many a letter and stated in them letters that this claim was a CUE claim and that The VA decided my 1st claim without all evidence present and stated that the evidence was now in front of her ,new and already existing Evidence subbmitted for the first time that would have changed the outcome of the Original decision,The missing Medical files.I also stated that I beleave that I am intitled to payments starting from the first time I filed Due to this Error that happened on the first Claim. One can Only hope that they save me the Time and do the right thing.



I will, this coming week write the addys and explain my concerns to either to Harvey MC Cagg or to the Director George Basher or Both! I have known that this Office was screwed up from the first time I walked into it when I moved here in 1997 and they Treated me like a Lier and made me feel as though they were being held up from a nap or golf game when I told them my story in 1997. They were pissed I walked into the Office. But I kept at it and did things for myself Found the files that were lost that no Veteran Rep could ever come up with in my dozens of requests. Why Because they are all on the same team and we the Veterans are their opponents. Veterans need to get together as done on here! and build a bigger team Make a Veterans Union and Help one another like we do here on Hadit




We are in a battle! Fight to Win!



Macool

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Posted 09 September 2006 - 10:29 AM

*********************NEWS******************


Just received the mail today and finally Have received my appointment for Compensation and pension Examintion. Sept 22 ---3:00 PM . They screw with my shoulder's to much while I am there I'm going to be down for a couple weeks.Two surgerys on the right and one on the left. But I could still scare the crap out of the doctor I bet. Good news! Guess, I'm not to far from done now!!




Macool :rolleyes:

#65 Berta

 
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Posted 09 September 2006 - 10:30 AM

I feel a little relieved- Our mutual rep did seem to understand my recent CUE that I asked VA to call on itself-
but he might say anything at this point- to make me happy-

I do not agree that a CUE would hold up another claim in most cases-but he might sure be right on that too Rick- your claim is in a very active process-(I think)

#66 timetowinarace

 
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Posted 09 September 2006 - 04:41 PM

I wouldn't file CUE untill the claim is awarded. My claim was denied for the same reason. When I did present the injury treatment records and made it clear that I had done all that was necissary for VARO to get these records for the initial claim, I was given the EED.

I wasn't about to hold up my claim for the CUE. I needed an income. I just made it clear that I intended to file the CUE claim if necissary for the EED after my claim was awarded. Hope it works out for you the same way.

Time

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Posted 09 September 2006 - 06:17 PM

Time



I am hoping the VARO awards the original date claim was filed in 1993.The way the coraspondence from the VARO has been worded they could be going to do that . They have always called it a reopened claim, and I have read in my researching That could mean retro payments back to original Date. I take it thats what you ment by EED?

Macool

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Posted 10 September 2006 - 08:20 AM

Yep, EED, earlier effective date. Usually a reopened claim is paid to the date the claim was reopened. Not the original claim date. Reopened claims are done with new evidence that VA did not have when deciding it the first time. However, if like in yours and my case the VA should lawfully of had the information, the EED should be granted.

Realize that going back that far will be a huge backpay check and VA will balk at granting it if they can. Especially if your rating is very high. They may grant the schedular rating at the EED but pay a IU rating to the new reopened date.

Time

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Posted 18 September 2006 - 07:54 AM

I go for my Comp and Pen Exam on Friday . How far from done am I? Is there anything I should know about this so that the Docters give me a fair rating. The Exam is for booth shoulders The right one is about 30% smaller then the left one because of the injurys and much less developed but left is injured also with limited movement. I have had the Left shoulder repaired 4 years ago because of the over use of that side to make up the difference in strength and movement of the right -the -left it went eventually because of the overuse due to the in service injury to the right. Is there anything I should be aware of and is this the end of the VA screwfest I have been receiving for 15 years .How long till they send me a rating and take responsability? Anyone have any Idea?

Macool

#70 Berta

 
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Posted 18 September 2006 - 08:15 AM

Rick-here are all the Comp and Pension Exams worksheets-I dont know which one you would be getting-


http://www.vba.va.go...exams/index.htm

I would access the one that seems to pertain to your claim and then study it carefully- this sounds like they will need to use a goinometer to measure ROM.(Range of Motion)You will know what to expect from the exam and what the doc should do.

I would-if I were you- give their records access officer (if C & P is being done at Bath VAMC-that would be Marty Gaye's FOIA office -I think on the second floor past the hospital canteen) a letter with your name, addy and c file on it- requesting a copy of the C & P results when the exam is over and the results have been typed up.

When you get these results then you can access the Schedule of Ratings here at hadit- within 38 CFR to see what rating you should fit into. The C & P results will show you and Pete what you might be up against if an improper rating should occur. Our VARO does make good decisions, They also make lousy ones.Some C & P docs are OK, others are dopes.
Since they did send you proper VCAA notice etc-you have their statement of what they are specifically looking for-so you sound like you are in the good pile-
the pile of claims they actually address.

If the examiner does NOT have your complete SMRs etc in his/her office- you can use that fact if the exam does not render a proper assessment as to your SC disability.



.

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Posted 18 September 2006 - 01:56 PM

Macool, I have posted about the changes to the regs about effective dates. If your evidence is a service record evidence, Then according to the regulations, They may have to pay you from your original claim date. I would state that on a statement of case and show them the regulation.

Good luck with the C@P exam on Friday.

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Posted 18 September 2006 - 03:19 PM

jstacy


Your talkin 38cfr part 3 rin 2900-am15 New and meterial evidence

I was on that like white on rice when it was posted . It has been sent to my Vet Rep and the Congressmans VA man thats handling the claim. I asked both of them to make the VARO aware of the new regs- Last week and that we were up on them, Thank you It's been brought to their attention sence the first day it was posted here on Hadit. My claim from 1993 is a clear reason and should be a product of this new reg and a CUE. Getting down to the Nitty Gritty, Wait till they get a load of me friday. Maybe my wife and I can go on our 1st ever vaca - sence 1994 if they do things the way they are supposed to. And I could get her something nice.



were in a battle!! , Fight to win!!

Macool

Edited by macool, 18 September 2006 - 03:20 PM.


#73 timetowinarace

 
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Posted 19 September 2006 - 12:39 PM

As for a timeline, it could still take several months to get a decision after a C&P. I know this isn't what you want to hear. The backlog is terrible right now and if they go with the EED it will be a rather large backpay witch requires a second signature. Meaning another delay.

Sorry, but my experience with 'expidited' doesn't necissarilly mean 'timely'. Just a heads up. Patients is still needed.

Time

#74 gdsnide

 
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Posted 20 September 2006 - 08:48 AM

As for a timeline, it could still take several months to get a decision after a C&P. I know this isn't what you want to hear. The backlog is terrible right now and if they go with the EED it will be a rather large backpay witch requires a second signature. Meaning another delay.

Sorry, but my experience with 'expidited' doesn't necissarilly mean 'timely'. Just a heads up. Patients is still needed.

Time





The BVA sent a claim back to the RO that was to be "Expediated) & finally 18 months later they made a decision. The RO's are not very VET friendly me thinks

GARY

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Posted 22 September 2006 - 11:08 AM

Well it is off to the Comp and Pension Exam . Got the wife with me . She will do more of the talken then me. She's better at complaining, I've always worked with the cards delt me. Bringing more SMR's and the original decision copys with me . I will make sure they have copys too. Lets see what the Bath, NY VAMC has to say about my shoulders. This is going to be real interesting. I guess I will get some experence in C@P Exams this afternoon. If they don't wrench on me to bad I'll Post tonight.

Macool :D

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Posted 01 October 2006 - 02:01 PM

I received Copy's of my compentsation and pension exam report yesterday. I was surprised that in the report they have connected my left shoulder completly to military service but not my right. In my medical records from the military it clearly states that I was seen for pain in my right shoulder, it further states that the opinion of the medics that examed me was that it was injury to the rotator cuff and ac joint. Less then 6 months after I returned home from the desert, I had surgery to that right shoulder for damage to the rotator cuff and ac joint, but somehow they don't seem to see that as service connected because I had returned to my civilian job prior to the surgery.

On the other hand, the report does connect my left shoulder completly to my military service. I was seen during the same time span for pain in the left shoulder which was not deemed at the time to be as serious. I have had surgery on my left shoulder but not unitl 2002. I am finding it a little difficult to understand why they are connecting one and not the other.

There was no way I was going to let them operate on me in Saudi Arabi, so needless to say, I postponed surgery that I should have probably had while still in the service until I got home. It was determined that I should have surgery on my right shoulder in April of 1992, I returned home from the gulf in November of 1991, less than 6 months, but they are trying to blame it on my civilian job, a job that I never had an injury, I just couldn't do it any more because of the pain.

My biggest concern was the Doctor who examed me, I have a huge respect for those older than me, but when I say that maybe it's time for this man to retire, I mean it. I am not positive how old he is, but if he isn't 80, he's got to be close. He was very confused by my file and took the first 45 minutes going over the same few parts of my records trying to determine which shoulder was which in the files and even after writing it all in his own words in his own notes, he still didn't understand and started over several times. In addition he has several facts that are in evidence in my medical records listed wrong on his report, including dates of prior injuries.

My question is are the raters going to go through my medical files or will they just make decisions based on the doctors report. He has several facts and figures wrong in his report that anyone who reads my complete files will note. I am wondering if they are only connecting my left to military service because I never filed a cliam on my left, I did file a prior claim on my right and if they don't connect that to the military it saves them a lot more money. Could they be doing this on purpose?

Wouldn't the overuse syndrom that he notes in the report which he has tied to both shoulders be enough to service connect the right shoulder, that added to the fact that I was specifically seen overseas for the right shoulder pain which is atributed in those medical files as being rotator cuff and ac joint damage? I don't know if this is a plan to shit down my former right shoulder claim from 1993 or just a doctor stating that my left shoulder is all service connected and the right shoulder only a percentage? It will have to be connected with the SMR's stating I was seen for the Right rotator cuff and AC joint while in the Gulf will it not? I think they are trying to give me a Screwing.

:angry: Macool

#77 Josephine

 
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Posted 01 October 2006 - 02:09 PM

Did the doctor have enough sense to at least state that it was more than likely the ----- was the result of your service injuries, or something to that effect?

You can always demand a new C&P examination. These guys will tell you what to do.

I am so sorry, but I have been there!!

Josephine

Edited by Josephine, 01 October 2006 - 02:13 PM.


#78 Berta

 
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Posted 01 October 2006 - 02:14 PM

Rick- believe me I know how Buffalo is and they ARE possibly trying to screw you-

You will need to rebutt that opinion because-as it stands now- it will be all they need to deny on the right shoulder.

You have your SMRs?
It should state in them that your right shoulder needed surgery.

"In addition he has several facts that are in evidence in my medical records listed wrong on his report, including dates of prior injuries. "

This has to be corrected in the rebuttal -


"My question is are the raters going to go through my medical files or will they just make decisions based on the doctors report" believe me they will use anything negative he said- with glee- and then possibly ignore the left shoulder service connection.They dont even look at the medical records once they get a medical opinion.

"It was determined that I should have surgery on my right shoulder in April of 1992, I returned home from the gulf in November of 1991, less than 6 months, but they are trying to blame it on my civilian job, a job that I never had an injury, I just couldn't do it any more because of the pain. "

This can be used to rebutt the way the doc tried to blame the civilian job.You had no on the job injury to your shoulder.

"Wouldn't the overuse syndrom that he notes in the report which he has tied to both shoulders be enough to service connect the right shoulder"

yes-if he said this right in his report and found the right should disability as secondary to the left one (quite possible)

"Could they be doing this on purpose?" This is the Buffalo VARO.I dont put anything past them. The majority of claimants I know of who succeed there at some point get real tough with them.

Did you say you never claimed the left shoulder? I didnt get what you meant by that.

Also one more question - did this doctor speak English?

This is just like the crap I used to get in the 1990s from Buffalo.
They tell the docs what they want- the docs are under tremendous pressure up there.

I have knocked down many of their medical opinions.

You have the actual report? can you possibly cover the c file number and scan it for us to read?

It might be manipulated and interpreted a lot differently in the decision you get.

Was this Dr. Sakti Moojerkee?

Edited by Berta, 01 October 2006 - 02:24 PM.


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Posted 01 October 2006 - 02:16 PM

Did the doctor have enough sense to at least state that it was more than likely the ----- was the result of your service injuries, or something to that effect?

Josephine



He stated that the left shoulder was But stated that in his Opinion the Right shoulder was not. you would think that the doc would have looked at the SMRs and read the AC joint and Rotator cuff thing and saw that the surgery 5 months later was for that. He would have had to understand what he was reading. He was confused , I really think he should consider retiring . Nice Guy but had to be 80 or better.

Macool

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Posted 01 October 2006 - 02:28 PM

He stated that the left shoulder was But stated that in his Opinion the Right shoulder was not. you would think that the doc would have looked at the SMRs and read the AC joint and Rotator cuff thing and saw that the surgery 5 months later was for that. He would have had to understand what he was reading. He was confused , I really think he should consider retiring . Nice Guy but had to be 80 or better.

Macool



It was a Doctor Wayne C Templer. Yes he spoke english I would have to say he was a ww2 vet
He did not like it when I said I would not let an army Doctor work on me Surgicaly I don't know He blamed the Left shoulder completly on the in service injury and Denied the Right in his Opinion? But also states Overuse syndrome for both in shoulders in the smrs I say they want to take full blame for the Left and low ball me on the right because that is where the CUE is I did not have surgery on the left until 2002 The right I had surgery on with in 6 months of returning Home from the Gulf. Completly backwards from the way it should be!
I did not claim the left in 1993 because I had no problem with that side till 2002 that required surgery. The Doctors all Mixed up.


Macool :angry:

Edited by macool, 01 October 2006 - 02:30 PM.





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