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    • Saw this in the news and wanted to share it: http://www.wbrc.com/story/33289772/va-to-host-veterans-town-hall    
    • Got supplemental statement of the case letter today; it reads... The Issue of PTSD has been favorably resolved and will be addressed in a seperate rating decision ISSUE: Entitlement to IU Evidence: Decision: Entitlement to IU is denied. Reasons and Bases: 1: A review of your VA file notes you have been assigned a 100% eval for ptsd based on your exam dated [date].
    • We're proud of you and happy for your win. If I sounded negative on occasion, I trust you understand that I prefer to address Vet Comp issues with an eye towards possible problems, rather than just agreeing. I tuned into your claim back in March or April when you posted your MST/PTSD DBQ. Had I taken the time to read your 1st post where you discussed the "In Service MST/PTSD Markers" present in your MSR's, I would have had a much different opinion of the strength of your claim. Of course, not knowing anything about the NEW or even OLD VA MST/PTSD Raters Guidelines didn't help. I have to say that I came away from your MST/PTSD Claim with a much better understanding of what's necessary to help another Male or Female Vet prosecute their claim. You can now start thinking about kicking yourself in the butt for not Filing and getting a PTSD Denial 10 - 15 years ago. The VA would have to deliver your RETRO $$ in a dump truck. Be Wee Semper Fi
    • Unfortunately I feel you will need to describe your stressor at some point for the VA. They might concede stressor based on your unit MOS during 911 but that is hard to tell. It does not have to be the most horrific stressor, just one that can be verified. Family lay statements can help but I think you will need to narrow down the stressor and prove it. What special unit were you with? Those unit orders will help. Did this unit get any special awards or decorations for what they did during 911? It is always possible that your DD 214 might not reflect a citation or award that would help VA concede stressor. DD214s can be corrected via a DD 149 form available here at hadit. Just put Not applicable to the injustice part. I know this must have been a terrible experience for you. When I worked at a vet center ,in the PTSD combat group, it amazed me that even though these vets already had a PTSD rating, they would sometimes get into stuff that they never told VA about at all.....even my husband.... I thought I knew his stressors and all of them could be proven ,but one night he told me there were more that he could not even begin to describe to me, let alone to VA.They were the ones that kept him up all night. I will see if the BVA has any decisions there regarding 9/11 Rescue- Recovery service.  Maybe you have a Gulf War stressor that would warrant a PTSD diagnosis and rating...and maybe that would be easier not only to prove, but alleviate re living what must have been pure Hell. Others will help with suggestions here as well. (I edited this to add... http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp10/Files4/1035369.txt The vet had PTSD from Vietnam. He also was a firefighter called to the scene when the WTC situation ocurred. It seems VA considered his PTSD had been not only exerbated by 911 but also BVA remanded because they felt VA should consider  TDIU.   At the BVA search of decisions (www.bva.gov) you could search for PTSD World Trade Center because there are other decisions there that might help determine how your claim should be filed. And please continue treatment and therapy from the VA.It would help for you to get a vet rep or VSO to help with the claim as well.        
    • That's what I thought. I would really just hit the Submit Button, let the Rating Dept do their Magic Act. I continued to file Reg A$$ Claims and FDC's while on a DRO Hearing Appeal from from 2010 Denial of 6 issues, Awarded 10% Tinnitus Hearing SC'd at 0%. By the time my DRO Hearing was held 06/29/14, my other claims had resulted in a 90% combined SC rating. If you now or in the future, think you have a Primary or Secondary SC Issue based on Med Evidence, not emotions or feelings, File the claim as an FDC with your Med Evidence attached as Pdf, sooner rather than later. Semper Fi  





COOL BREEZE

Va Form 9

12 posts in this topic

Is it necessary to file a motion for reconsideration for left out information on the VA form 9(to file and submit the evidence) I found some information that states that if you don't file using the proper form(just making up your own form), they can deny or hold up your claim. Now I saw actual copies of this form on the internet that you can fill in and print, haven't found that on this forum yet, unless I am looking in the wrong area. What I am doing, since I had a fool for my first VSO, I thought I would file one(another one) just in case, letting them know the reason as we can't find the original copy(I was never given a copy-Important-all Vets need to have a copy of what was done and submitted by a VSO for tracking purposes, so you know what was actually filed-I didn't_shame on me). Also I was going to clarify what I was asking for(left out medical info, and the medical copy-which would give me 60%, not the low ball 30%. This would have to be done in a proper fashion so they don't try to take my increase away .

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If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.

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PS a "Motion" for reconsideration is the same type of request regarding a BVA decision.

A VARO recon request does not require a Motion format.

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If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.

This was already filed-is the reconsideration a 90 time frame. What is a 4138? I have the form i-9-do I use that form as well as a letterhead with re-consideration to send it. Also I am sending them multiple issues, different types of claims, can I sent all these in 1 envelope, will they sort these a accordingly once received? I saw the one issue a vet had similiar to mine, he got the 60%, they missed my medical evidence that would have given me that rating. I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case. Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary. Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help

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Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.

" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.

Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.

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Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.

" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.

Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.

I had received a letter from the VA on May 17, 2010 stating that we are working on nerve damage, Bilitareral feet, Urology leakage due to medication, ect. Those issues were not addressed on the final claim, it was closed and a decision rendered with those issues not addressed. I have a 0% for the feet, the va foot doctor stated during one of my many appointments with her that I had PN. She doesn't say it is secondary to the feet, I would assume so since this was an appointment for feet. And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since she also prescribed medication for this. Or as the VSO did, he filed a NOD as those issues weren't addressed. Should I wait, or file another claim? Thanks

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