Posted on Aug 5, 2022
CN John Panek
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After 50 years of requesting relevant records from the VA, for my 1970 claims, the VA bastardized my cue claim reconsideration to a reopening. There upon obtaining the records I had requested for 50 years and through them I was finally able to get my 100% disability for PTSD that should have been granted in 1970 through both claims I filed, of which the VA denied I filed but provided some of the requested records for that filing. Along with that claim was a claim for my physical injuries as well, of which they failed to get the records requested as well. Within those records, which included specific letters from the head of the naval medical department to a senator who inquired about the Navy's failure to treat my physical injuries and traumas. This letter gave me direct permission to file claims for both my psychological traumas and physical injuries, which were direct inferences to the claims that the VA should have recognized if they would have obtained the pertinent records. It took me 50 years to get the VA to relinquish those records which initiated the proper exams and resulted in 100% disability rating for my PTSD during service. To continuing efforts of mine the VA finally arranged a c&p examination to determine if I had the traumas and symptoms while still in service. The c&p examiner verified that it was more likely than not that I did have these traumas and symptoms in service, but the adjudicator ignored this and made a determination based on the va's opinion that the traumas I related to them were actually delusions, because according to the VA we were not in Laos and Cambodia in 1969 and 1970. When I provided then proof that we were through United Kingdom articles directly confirming this they made no reply but changed the reason for denying my claim! Because of these records The c&p examiner also made notation that the delusions were caused by the post-traumatic stress itself, that was a result of my in-service traumas, but it was less likely than not that the delusional state was not directly caused from the traumas in service. The CNP examiner also notated that my previous decision that I was 100% service connected for PTSD had not included a delusional state, so the delusional state was actually a percentage over and above the 100% attributed to the PTSD. The adjudicator took the second half concerning the delusional States not being directly attributable to the in-service traumas and denied the claim. I then filed a supplemental claim, because the above was resultant from a higher level review. In this supplemental claim I stated that this included statutes and regulations I had provided previously but had been ignored and all the previous determination, and that there was new and relevant evidence both enclosed and would soon be provided once the VA finally deemed to provide the evidence they used to me to develop an argument. I also contacted v a r o representatives and had them send notations to the VA that there was New evidence forthcoming. Instead of waiting they just merely closed the supplemental claim without any sort of decision or notification as to their reasoning. After half a dozen requests to representatives of the varo to find out why they did close it and they couldn't figure it out I filed for a higher level review stating this. I recently got a letter stating that my higher level review claim was premature that I needed to first file a supplemental claim. A catch-22 situation! I immediately uploaded a reply to this yesterday outlining the above. However if the VA follows their usual MO. They'll either simply ignore the facts or they'll cook up some sort of a reply that has little or nothing to do with what I outlined! There are specific statutes and regulations that apply to the situations of the va's failures to follow statutes and regulations that about lying to them such as failures to obtain pregnant service records before they made their decisions, failure to notify me that they were unable to get the records, failure to make further attempts to obtain the service records, failure to give the examinations that either the records indicated or if the there were no records available for the claims filed. Ignoring quoted statutes requiring inferred claims to be processed, and that those inferred claims could not be processed until the VA obtained the records, and that once they had obtained those records I received my 100% rating for PTSD. They proceeded to ignore the statutes stating that regardless of having received a rating if those records were available at the point of the first claims that were or should have been filed according to the records they were to be made retroactive! The 1970 claims that were denied arbitrarily without having obtained any of the records the VA both failed to notify me the records weren't obtained and failed to notify me of their decisions leaving it without final adjudication of which they have also ignored and failed to justify in their decisions! When I finally learned of the decisions earlier in 1970, after I heard nothing I called The varo who informed me of the decisions and of which I demanded copies of. Upon searching for them I was told that they had been lost and they would provide me a copy when they found it. I requested these records similarly for 50 years finally after an attorney that was considering my case directly ask for them again they sent me what incomplete records they had. But they never sent me the evidence they supposedly used to make the decision or advice of when they did finally receive any evidence. Indecisions of late they finally indicated when they had received any records at all which was over a month after they made the decision without any records or examinations violating many regulations and statutes of which I have quoted and they as usual ignored! What I need now is an attorney or an organization that is thoroughly familiar with retroactive claims and the statutes and regulations that apply!
As a side note all of the organizations that I went to for help believed what the VA told them, that the records I was seeking were my imagination, but the VA finally produced my imaginary records October of 2020. Because the VA lied to the service organizations and attorneys they didn't press the VA for the records I said existed! And eventually quit my cases wasting decades of my time. Like I said earlier those records that were supposedly my imagination finally gained me 100% disability for both my PTSD and physical injuries which cost further injuries and resulted in 100% service connection for the physical as well! When reading some reports from veterans attorneys I gleaned information about the VA having a habit of not assisting veterans, which was definitely a fact in my instances, so in one of my appeals in 2021 I accuse the VA of this, the investigated and agreed that they had in cases concerning my CUE and decided to give me a CNP examination for my claims of retroactive. However like I said earlier they 'somehow' confused the issues and denied the claim! There had also been almost exact court cases by veterans for retroactive claims that had been won through the courts that I quoted and the VA absolutely ignored, never making mention of in their denials of my claims, trying to state that I did not prove CUE, even though through the use of the records I had requested in 1970 and finally obtained in 2020 I had been given 100% disability for PTSD currently?
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LTC Kevin B.
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Is there a specific question that you have for our members here on RP?
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