Mike326
10-12-10, 03:53 PM
I filed a claim in Jan of 2010 and just received a decision.[/font]
Claimed:
(1) Tinnitus accepted and assigned 10% 'that's fine
(2) IHD due to AO pending 'that's fine
(3) Left Knee (due to shrapnel) denied ??? and no C&P was scheduled
Here's my problem: The two main reasons they gave for denying the claim were that although they could tell from my records that I was in VN, they showed my MOS as a 'postal clerk'. Also they stated that although they saw on my DD214 a purple heart was listed, they did not see where 'any medals or ribbons' had ever been awarded.
Luckily, I had requested 'all of my personnel files' some months ago so I had them to refer to.
I was re-assigneded from 0311 to a postal clerk "the year after I left VN" and they evidently didn't look any deeper than that.
In my personnel records, the section on "Combat History - Expeditions - Awards" was several pages long, and on the very first page it's clearly noted that I was awarded 3 purple hearts, 1 in Apr 67 and 2 in Sep 67 (shrapnel in left knee and right arm).
However, when you look at the last page of Combat History, the bottom half of the page is blank, because all awards are shown on the first page. (once again, they didn't look far enou
Easy enough to correct (I hope). I immediately made copies of the personnel records that were pertinent and mailed a short letter of explanation back along with it, both to the VA and to my VSO.
My question, does this mean because the initial claim "was denied" that it's going to take 1-2 years to get it reviewed again? It seems the examiner was either just being lazy or, more likely overworked, but everything was there in front of him.
Luckily for me I was awarded the 10% for tinnitus because I can qualify for cocational rehab, which is what I was needing the most.
Claimed:
(1) Tinnitus accepted and assigned 10% 'that's fine
(2) IHD due to AO pending 'that's fine
(3) Left Knee (due to shrapnel) denied ??? and no C&P was scheduled
Here's my problem: The two main reasons they gave for denying the claim were that although they could tell from my records that I was in VN, they showed my MOS as a 'postal clerk'. Also they stated that although they saw on my DD214 a purple heart was listed, they did not see where 'any medals or ribbons' had ever been awarded.
Luckily, I had requested 'all of my personnel files' some months ago so I had them to refer to.
I was re-assigneded from 0311 to a postal clerk "the year after I left VN" and they evidently didn't look any deeper than that.
In my personnel records, the section on "Combat History - Expeditions - Awards" was several pages long, and on the very first page it's clearly noted that I was awarded 3 purple hearts, 1 in Apr 67 and 2 in Sep 67 (shrapnel in left knee and right arm).
However, when you look at the last page of Combat History, the bottom half of the page is blank, because all awards are shown on the first page. (once again, they didn't look far enou
Easy enough to correct (I hope). I immediately made copies of the personnel records that were pertinent and mailed a short letter of explanation back along with it, both to the VA and to my VSO.
My question, does this mean because the initial claim "was denied" that it's going to take 1-2 years to get it reviewed again? It seems the examiner was either just being lazy or, more likely overworked, but everything was there in front of him.
Luckily for me I was awarded the 10% for tinnitus because I can qualify for cocational rehab, which is what I was needing the most.