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Q148: Our local VSO was very belligerent towards my husband and myself. She refused to appeal my husband's stage 4 cancer (she said it was frivolous) which the VA doctor himself wrote a letter saying it was HIGHLY ATTRIBUTABLE to AO exposure. I found out after she was fired that she did not like us and didn't want to help. Questions: 1. Can I open a new claim since the appeal process has long expired? 2. Would her notes be in my husband's C-file? Thank you.
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A1: Yes you can. My recommendation is to get your husband logged in to eBenefits and MyHealtheVet A.S.A.P. and take charge of his claim process. Through eBenefits and MyHealtheVet your husband will once again become an active participant in his future ratings and you will take the VSO and their "paperwork" process out of the loop. Please feel free to contact me at the below indicated contact info and I'd be more than happy to help guide you through the process. Good Luck. (TB) 10/3/18
A2: I do not for sure about her notes but I imagine they are in his file with the VSO. On the claim, reopen the previous claim for additional medical documentation instead of starting over. All the original documentation. (SR) 10/3/18
A3: I would go to a different VSO for I have had others that did nothing for me probably did not want to create waves with the VA. I on the other hand love to create waves since the VA backstabs you at every opportunity. Try to find other evidence as to any increased condition and cancer can do just that. Make sure you request the medical records directly from the Medical Records Dept not from the VA administration just go to the hospital and fill out the forms that way administration has less chance to magically have pages disappear. Write to your congressman for help as well. He may be able to put enough pressure on the VA to get things thru quicker. Seems the VA doctor was doing just what the VA wanted covered up his true condition. If you have any outside medical insurance or Medicare use it to get an outside diagnosis. If you request the medical records it should have all the VA doctors notes but if not make sure you specifically request them as well as alll the others. The VA may try to say it is not the type of cancer that is recognized as attributed to Agent Orange. If he served in Vietnam then it is presumptive and should be recognized as such. Get Statements in Support of Claim filled out by friends, family, former service members he served with and get their records of when and where they served as well to have proof to back it up. Ask them if any of they are having the same conditions for the VA does not help veterans with getting the evidence that is just a lie they tell to make you feel at ease while shafting you. Have been there and done that for over 30 years. Have 10 percent unemployability and expect at age 70 they will take that away for I will be unemployable which is what it will is for. I expect hen I will have to get an attorney and sue the VA and they give a list of attorneys that supposedly know VA law which is probably right since the VA acknowledges them don't necessarily rust them for they most likely are VA sympathetic. You don't have to give the VA documents page by page only the pages stating the conditions and when, how long, etc and always keep copies paper ones, on external hard drive, flash drive, request any x-ray copied to disc as well as MRI, any tests hat can be put on disc and keep them and not release them for the VA can get them or request them just give them the specifics. I hope this helps but I am sorry to say at stage 4 you may be fighting the VA long after your husband may be gone. Even with this expect it to take 2 to 2 1/2 years but since they say they have a new program that gives a decision quicker I have my doubts for never worked for me. Ask the congressman about it and my very Best Hopes For both of You. (JRM) 10/3/18
A4: If possible, I suggest you go to a different Veterans Service Office, explain the situation you just asked, and get help to open the claim again. Check into ebenefits and MyHealtheVet to see if there is anything in there, but in any case follow through with the claim. Possibilities are that a caring VSO will submit a decision ready claim for you and the waiting time for adjudication will not be long at all. (RC) 10/3/18
A5: You can claim at any time. The earlier the better. You should have a copy of the C-File and ask for updates every year. You should have reported this person immediately. She could have done damage to others. You have to be insistent and keep pressing on or you will lose. They want you to give up. The VA benefits section does not care. The workers get bonuses to decline claims to keep costs down. The reality is there is no tangible evidence the VA cares or the nation cares. It is easy to talk. I think veterans should get what the social contract said we would get and especially for veterans who were not drafted. You cannot have tax cuts especially for the rich and expect to fund benefits for veterans. So keep plowing away and do not give up. You will win with persistence if you have a just case. I do not know what state you are in but most states have a Department of Veterans Affairs and they tend to be motivated to help you. Check with that. I find the VFW, DAV, American Legion have mixed results. It depends on if you get someone experienced and motivated to help you. Good luck and I hope your husband gets better. (JD) 10/3/18