Examiners Missing Active Time

[DaveK]

Hello,

So, my VES doc was super supportive and wrote many DBQs favorably. However, several were specifically stated as no nexus. This was due to the doc only being able to see a few months of active time from 25+ yrs ago and a portion of a deployment from 15+ yrs ago. I have a mix of active, guard active and part time service over 26 yrs. I have about 150+ orders showing title 10 and title 32 time. I also was injured from a drunk driver hitting my driver door and sending me off the road on drilling status...side note, I chased him down and detained him. Then ER visit.

If my times would have been visible to the contractor my nexus would have been easy as the paperwork is very clear. It includes diagnosis, months of physical therapy, profiles, and an LOD. But all that was missed even though it is absolutely showing on the Army side. The package has been submitted to the VA repeatedly and yet VES could not see it.

Any ideas on how to best handle this? I alerted my unit who is very supportive. I'm getting the packet updated and will submit the issue to my lawyer, MSC and Peblo. I will also walk the papers in to VES as I have more exams. I may also walk the orders/DD214s and med documents into the DAV and VA regional offices.

Any advice is appreciated to ensure I don't miss anything. Trying to avoid an FPEB and VARR. Thank you all as always.

 

[Jason Perry]

I'm sorry to hear of your problems. I will offer some thoughts, but you apparently have a lawyer representing you, so you should talk with them about your questions.

However, several were specifically stated as no nexus.

Do you have any LODs for these conditions? Or medical records showing treatment for these conditions while in a military status? If so, the military determination as to positive LOD findings is binding on the VA.

This was due to the doc only being able to see a few months of active time from 25+ yrs ago and a portion of a deployment from 15+ yrs ago. I have a mix of active, guard active and part time service over 26 yrs.

Would need more specific information about the condition(s) and whether or not they were noted on any records while entitled to basic pay to offer more input.

If my times would have been visible to the contractor my nexus would have been easy as the paperwork is very clear. It includes diagnosis, months of physical therapy, profiles, and an LOD. But all that was missed even though it is absolutely showing on the Army side. The package has been submitted to the VA repeatedly and yet VES could not see it.

It might take appeals to fix these issues.

Any ideas on how to best handle this? I alerted my unit who is very supportive. I'm getting the packet updated and will submit the issue to my lawyer, MSC and Peblo.

I don't have enough information to offer more- other than to appeal or dispute erroneous findings.

I will also walk the papers in to VES as I have more exams. I may also walk the orders/DD214s and med documents into the DAV and VA regional offices.

Maybe that helps.

I hope you get a good outcome. I would need a lot more information to help more.

 

[chaplaincharlie]

You may want to get one of a handful of attorneys that limit their practice to these type of issues.

 

[DaveK]

I'm sorry to hear of your problems. I will offer some thoughts, but you apparently have a lawyer representing you, so you should talk with them about your questions.


Do you have any LODs for these conditions? Or medical records showing treatment for these conditions while in a military status? If so, the military determination as to positive LOD findings is binding on the VA.


Would need more specific information about the condition(s) and whether or not they were noted on any records while entitled to basic pay to offer more input.

It might take appeals to fix these issues.

I don't have enough information to offer more- other than to appeal or dispute erroneous findings.

Maybe that helps.

I hope you get a good outcome. I would need a lot more information to help more.

First, Mr Perry, thank you so very much for this forum, the information, and taking the time for a response. I have been referencing this site for many years helping a near endless stream of service members. One would think that I could help myself then, however I fell through the cracks of the system due to the unusual nature of my career.

The lawyer I am utilizing is the Army provided legal counsel. He has actually been responsive as well as my MSC. I happen to know a jag officer who I unofficially speak to from time to time as well.

"Do you have any LODs for these conditions? Or medical records showing treatment for these conditions while in a military status? If so, the military determination as to positive LOD findings is binding on the VA."

- Yes, my unit worked very hard to generate a long overdue LOD for PTSD. That allowed the system to push me into IDES for duty. The other items do not have LODs due to time, but were referred conditions. My unit tried to push up LODs repeatedly from 2016 on without success. I have the paper trail.

My shoulder injury in question was written up by VES as no nexus. This is easy to see as an error as an LOD was started after years of medical history, active Army provided months of physical therapy, temp and then permeant profiles. The Army doctor is actually the one that started that LOD from many year ago. But again, it was not completed in the system. The VES nexus comment specifically pertains to a lack of documents. The provider was not able to see any of that timeframe for some reason spanning 2010 to 2013. I am confident she would change it if she had the documents. She genuinely appeared to want to help which is matched by her follow on notes I have read.

The other condition in question is IBS. I have extensive treatment records within the VA, but no VA rating on this issue. I do have deployment records also showing the issues. However, again, VES could not see these.

"Would need more specific information about the condition(s) and whether or not they were noted on any records while entitled to basic pay to offer more input."

- Sadly, I have an extensive history. About 15 years ago I was involved in a significant CWA multiple IED incident. When it came to light years later, it started a medical investigation and derailed my career once all the evals truly showed how poor my health from years of other various injuries and ailments. I have been rated by the VA as 90% turned 100% PTIU for 10+ years due to backdating from 2016. VA case was originally filed in 2013. And based on the so far completed DBQ notes, it appears that will remain the same. I have yet to complete TBI and PTSD exams. I did put in the paperwork at the beginning to only be evaluated for IDES purposes. Yet, the VA/VES has already added a few items that will not matter to the mil retirement, but would increase my VA rating % such as SMC should I open that side up. Due to needing to submit this data to the Army, I regrettably have 400+ doctors visits dealing with all this stuff. I am an extensive record keeper. Im so mentally done... but I know there are many who have it worse and keep pushing.

"It might take appeals to fix these issues."

-Yes sir, I agree. My hopeful plan of hand walking in the docs and explaining that their system cannot see my Army files might prompt them to fix things without needing an appeal. If not, then yes, an appeal will be the path. At that point, it might not impact the financials, but would connect the nexus for continued treatment.

"I don't have enough information to offer more- other than to appeal or dispute erroneous findings."

- Yes, this does help. It confirms my thought process is on the right path. I genuinely appreciate it as I know there is so much I could miss.


Would a VARR ever be appropriate for someone who elected C&P only for IDES purposes?
In my case it appears that an FPEB would be the option should an appeal be needed. Is this the correct path?

Thank you very much.

Respectfully,

Dave

 

[DaveK]

You may want to get one of a handful of attorneys that limit their practice to these type of issues.

Yes sir Mr. Charlie. I did attempt to reach out to a few of the attorneys here, but they were very busy during that time. So I took the free option offered with the Army. Luckily, he has been responsive. Im not opposed to hiring the right private attorney. If this doc cannot help with the updated paperwork, then that will be the path most likely. Thanks as always, I appreciate all your insight on this forum.

Dave

 

[chaplaincharlie]

Dave

Sounds like a great plan.

Mike