Greetings Fellow Vet’s
My handle is Omariak, I am a Vietnam veteran honorably discharged in 1973. Upon discharge I first filed a service connection claim with the Los Angeles V.A., this was completed in 1974. At that time the VA took me to a CP&R exam and because of my lost Service Treatment Records (These records were found after over 40 years of being missing..) being lost the doctors were unable to provide the VA with a decision on my Service Connection Claim. Sometime around 2008 I was diagnosed with Hep-C. After doing some research I discovered that this occurred while on active duty. More precisely via the Jet-Air Gun. As I have informed the VA the circumstances surrounding the claim happen while in Basic Training, with a significant part of my Unit being Hospitalized because of Something. Well after two Letters to the White House and their subsequent request to the records center my service treatment records (records that I had been tell the VA were there.) were found. And on the very first page it says that I was hospitalized for “An Unknown Infection”. After the discover (my belief, is that the Los Angeles V.A. destroyed the service treatment records circ 1974 (if the News Report are correct the LA VA was disciplined for destroying returning Vietnam Veterans medical files to alleviate the back-log of service connect claims.) Upon filing a new claim in 2009 I was provided CP&R exam, and again the doctor stated that without the STR he couldn’t concluded that the infection was service connected. The VA again denied my claim based on the doctor’s conclusion. I followed the appeals process and my Service Connected claim went before a Veterans Law Judge “Thomas H. O.Shay. While awaiting the judges decision the STR were found and forwarded to the Veterans Law Judge. This Judged ordered the VA to send me to a CP&R exam. The VA denied my claim, and stated that I would not received another CP&R exam. The Veterans Law Judged issued another decision again ordering the VA to send me to another CP&R exam with the newly discovered STR. This was six months ago, and I believe the VA will not overturn themselves and provided me with a CP&R exam.
What actions are available to me???