vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      16,023
    • Most Online
      3,604

    Newest Member
    JAMES COOPER
    Joined
  • Forum Statistics

    • Total Topics
      61,379
    • Total Posts
      395,916
  • Posts

    • Thanks for your time guys. I currently have a claim in and have all of my C&P exams on 16 September. I claimed sleep apnea secondary to ptsd but they didn't order a c&p for it. Is this good or bad? I went to my private sleep specialist and had him fill out the dbq and he provided a nexus statement and I submitted that in the claim. I sort of feel like they already want to deny it and that's why there's no exam.  I claimed tinnitus, left knee condition, ptsd and SA second to ptsd. C&P's for all the others except SA is scaring me. I had to have surgery on my knee and when. I woke up in recovery the orthopedic surgeon had diagnosed me with presumptive sleep apnea and told me to get to the doc for it. I submitted that paperwork too as well as buddy statements about the symptoms and onset from my roomies and one from my wife (a nurse). Are there any chances of an award here?! Thanks!
    • A Good Friend of mine of 45 years wants me to help him & his  daughter file his first ever claim   he is 80 years old. and never ever filed a claim for anything from the VA, His son is no help at all and I was going to help his son file a claim but he told me the hell with the VA..They got him some(the son) hearing aids and they didn't help so he through them in the lake..I stopped have conversation with him when he said that. I know that kind.  come to find out his son never served...wtf? Anyway I told them I would help there Dad but he will need to go to a Dr...for IMO & NEXUS  I'm not sure what he wants to claim but he has high blood pressure and being treated for aneurysms  , he has other aliments too and one I tihnk is PTSD  he stays in his bedroom and won't go any where these last ten years   and  is very unsociable. I mention to his wife he seems to have PTSD Symptoms , he was not in any conflict  I believe he was in Germany  and I don't know what his MOS was  but he has hearing problems and never been tested..I will look at his STR's and request his C-File, he supposably has his military records & DD 214. I can help this veteran get anything or at least S.C. I will do all I can...his daughter ask me for the help...I told her  your Dad will need to see a Dr..and read most of his military records...she ask me if the VA hAS  limit on to how long  a veteran can file for a claim  I said no I sure don't think they do...if he was hurt or had a disease while he was in the military..we can file a claim for it..we just need to prove it happen during his Military service  and I am hoping his records has some thing in them that  will help us/him..I think he served in 1959 to 1962..so its been over 50 years now..I told him if a WAR WAR 11 VET can file  I don't see why he can't. This veteran is in real bad health and he may not last if it takes a while for them to award him anything.... I maybe asking for help...I will be getting his records in about 2 weeks. ............................Buck
    • I have a few hours of video taken while I was doing street patrols overseas. I can cut parts of the video out where the cameraman points at me and mentions my name. Should I add that to my VA claim? My MOS was a 14S combat MOS but wasn't infantry. I was made to do infantry duty most of the time. I'm concerned that the VA might think I was mostly on the base due to my MOS. I have a PTSD claim. I already have the video on a disk they can put into the drive on their computer and watch it. The video is date stamped too.
    • Thanks for the response L and broncovet. I do have a copy of my C-file but it's from 2 years ago and I have filed a few claims since then. The VA has the evidence but just didn't look at it.  It's the same from my other claim and that's why I didn't send it in again.  I just figure they would look at what they have and then decide the claim.
    • Always a good idea to file a FOIA request for your C-File, just "Pack a Lunch," could and will probably be 10 - 14 months before you receive it in the mail, on CD hopefully. Now this worked for me recently and probably deserves some consideration by you. I filed a "Formal Request for CUE Review," (1) month after 04/16 Award letter.  Just got the additional Retro Deposit and Award Letter last week, mid 05 to 08/25, not bad, think. I attached everything, about (12) or so MHV Med Records, that supported my EED Claim. Your still waiting for the Award/Denial Letter, so your NOD clock is just starting to run. Appears from your post, all your supporting Med Records are already "Evidence of Record." I'd make copies from your personal files of everything supporting your SC Claim, complete a "Sworn Affidavit" or a Sworn SISOC addressing each piece of Evidence, then attach it to your "CUE Review Request." At your current 80% SC, you need a significant bump % wise, to get to 90%. If Awarded, what's your conservative expectation? If you don't get a "CUE Review" determination within 6-8 months, you still have your NOD locked & Cocked, ready to file. I didn't see a MH SC listed in your post, that probably takes an IU claim off the table. Semper Fi





Berta

Gulf War Task Force Draft Report

6 posts in this topic

Source:

email from VA Media Press Room:

"Recent VA News Releases

Draft Gulf War Task Force Report Is Released

Report Redefines How Care and Services Are Provided

to Gulf War Veterans

WASHINGTON (Oct. 21, 2011)- Today, Secretary of Veterans Affairs Eric K. Shinseki announced that the Department's Gulf War Veterans' Illnesses Task Force has completed the draft of a comprehensive report that will outline how the Department of Veterans Affairs (VA) addresses the concerns of Veterans who deployed during the Gulf War in 1990 and 1991.

"This report provides a roadmap for our continued enhancements in our care and services we provide to Gulf War Veterans," said Shinseki. "We will be applying lessons learned from this report to Veterans of all eras."

Notification of the draft written report is published in the Federal Register, and the draft written report addresses seven areas where VA provides services for this group of Veterans.

Over the past year, the task force has examined, evaluated, designated and adjusted the initial roadmap outlined in last year's report. VA has designated steps to improve care and services to Gulf War I Veterans and these improvements are becoming a part of our culture and operations.

This year's report focuses on improvements in the delivery of health care for Gulf War Veterans. One of the most substantial additions is modifications to clinical care models used for Gulf War Veterans, which is the most critical point of service VA provides. There are better linkages between specialty knowledge and services at the basic point of care. Clinical research and development is significantly contributing new concepts and methods to clinical practice and clinical education throughout VA.

Two new positions were established in the Office of Research and Development for deployment and Desert Shield and Desert Storm health-related issues. Both positions have been filled and are enhancing research efforts for Gulf War Veterans and will continue to do so in the coming years.

VA is also strengthening partnerships and medical surveillance to address the potential health impacts on Veterans from the environmental exposures on today's battlefield. Additionally, VA continues to use social media to improve communication with Gulf War Veterans.

The Chairman of the Gulf War Veterans' Illnesses Task Force is John R. Gingrich, chief of staff at VA, a retired Army officer who also served in the Gulf War.

"To ensure we are tracking the needs of our Veterans, we want to get feedback from Gulf War Veterans on this draft report," said Gingrich. "Their feedback is critical to our efforts to understand and serve their specific needs. Therefore, we hope they take advantage of one of the different opportunities to provide feedback that we have created for them."

As a first step, VA is seeking public comments on the draft written report before final publication. The public notice and instructions for how to submit electronic and comments via postal mail will be posted at www.regulations.gov<http://www.regulations.gov>, and the draft written report will be open for comment for 30 days. In addition, VA recognizes that a great number of Gulf War Veterans use the Internet on a daily basis to share their ideas and concerns, so VA has also created a public discussion board on the seven recommendations at: http://vagulfwartaskforce.uservoice.com/. To view the report without making recommendations, please visit VA's website at http://www.va.gov/opa/publications/Draft_2011_GWVI-TF_Report.pdf."

# # #

----------------------------------------

Anyone can comment at the Fed Register site after reading this draft report availabvle also as pdf at the VA main web site.

Share this post


Link to post
Share on other sites



I haven't looked at it yet, but at first glance of the article it sounds like a great opportunity for GW vets to weigh in. If it is a request for input, please make every effort to get as many members in the forums to provide their feedback!

Share this post


Link to post
Share on other sites

Some of us here have taken the opportunity to comment at the Federal Register Site regarding the many issues there that regard veterans and also most importantly proposed rules to put into 38 USC,38 CFR that directly affected compensation benefits.

One example is the new PTSD reg I posted here when it was up for public comment.I recognized 2 or 3 hadit vets names as commenters -maybe there were more.

That reg had 600 to 800 comments publised at the Federal Register Site. Every single comment there is considered. Although many comments came from disabled PTSD vets themselves, attorneys, advocates and service reps commented as well.

My biggest gripe with those regs in my public comment on the new PTSD regs is now before the US CAVC under the auspices of notable attorney Rich Cohen NOVA and joined by NVLSP and two other vet orgs.Others griped too. The new PTSD regs are unfair to many.

Last time I talked to him via email-that case was still before the court.

It just goes to show that these comments can influence any eventual regs or outcomes of anything that gets on the Federal Register site as it affects veterans.

It would be nice to see that MANY Gulf WAr veterans will read the draft and comment on it.

Battles are fought in yards not miles.

Even one comment at the Federal Register site can lead to more then we might think. I was the sole commenter on a proposed rule at the VA web site last year.

I got an email from VA that my comment was inappropriate.But they left it at the Fed reg site.Inappropriate-because they dont want to address the issue I brought up.

It opened up a bag of worms for VA - it is a matter that would only affect a certain few claimants and not a claims issue but nevertheless-

it is a time consuming battle I have just begun.

Every single comment anyone makes on this draft GW report will matter.

Edited by Berta

Share this post


Link to post
Share on other sites

Thanks for this great information! You are a godsend! I am still new to this and all of this is so overwhelming. I have contacted the VA Environmental Health Coordinator trying to get an appointment to get my GW Registry Health Exam. It took a few months of phone tag, leaving numerous messages, physically going to the office (which the Coordinator was never in) and finally emailing. Still was given the generic response, "Someone will send you an appointment in the future". From some of the issues I have read at the site you provided in this thread, I see that I am not the only vet suffering from issues VA is trying to blow off and say is not associated with my deployments. I just received my C-File (another thank you for leading me to that), and I am in the process of combing through it (overwhelming).

I'm breaking it down into parts since it is so much to process, but I am finding so many discrepencies and I do not know where to begin to dispute them. I know this is not the topic to bring this up in and I apologize, but I need some assistance.

I am going to the RO tomorrow to get in to see a DAV rep, but from some of the experiences you guys have had with them, I'm not sure I want to go that route. I tried using my VSO, but they were a waste a time....I knew more about some things than they did, which was not a vote of confidence. Been blown off and misdirected for so long, I don't know how to handle the claims process. Can you help?

Share this post


Link to post
Share on other sites

The formal 21-526 form has to be prepared.

List all of your documented disabilities-

List first, those disabilitys that you have or can obtain a nexus to your service (th strongest ones for potential SC )(nexus- meaning the link to your service)to include any disabilities you have that fall into the GWV presumptives as to "qualifying"disabilities as explained in detail here at hadit in our GWV forum.

Go over the info there or listen to the SVR show I did available here in our SVR archives on the Nine additional GW presumptives.

The C file can help but you need copies of all VA records and can tell VA where to get (unless you have them yourself to send copies to VA) of any private medical records you have.

The Med recs can be requested from the VAMC whch treats you.

You also need a complete copy of your SMRs and service personal file obtainable via the National Archives site NARA.

Their Homepage has ionfo how to do that on line.

Your disabilities could be either directly due to service or come under the presumptive regulations.

Claims have to be clearly stated.

I feel my current disability of XXXXX is directly due to my military service because my SMRs will reveal I was treated for this while in the Military.I enclose copies of my SMRs dated stating........... in order to support my claim.

Or I feel I have an undiagnosed illness (state what it is symtomatically) that was caused by my Gulf War service and request my claim be considered under the Gulf War Presumptive regulations.

Avoid using Gulf War Syndrome as this is not a VA disability. The regs fully describe what the GW disabilities are as presumptives.

"A statutory presumption exists for chronic disabilities resulting

from an undiagnosed illness which became manifest either during

active service in the Southwest Asia Theater of operations during

the Persian Gulf War or to a degree of 10 percent or more not

later than December 31, 2011, confirmed by objective indications.

See 38 U.S.C.A. § 1117; 38 C.F.R. § 3.317(a)(2)(ii) (emphasis

added). As noted in the Introduction, the Appellant served in

the Southwest Asia theater from August 8, 1990 to April 5, 1991.

The first criterion of the presumption is satisfied." from a BVA decision

Then begin to gather all medical evidence you can to prove your claim.

The statutory presumption is explained in the BVA quote.

Direct SC involves inservice evidence.

Share this post


Link to post
Share on other sites

I spoke too soon- you already have 60% now so no need for the 21- 526.

Also raise in the claim any potential for a secondary disability to any of the 60% disabilities.

If you are unemployed file also for TDIU (form 21-8940)

Also make sure the claim states the branch of service you were in that was the nexus branch-as I see you had 2 separate branches you served in.

Make sure if you also apply for SSDI (which I suggest too if you are not working)

that SSDI has that info too.

My deceased husbands both had two service periods.

The most recent husband forgot to put USN on his SSA app and happened to mention it to the SSA woman because she said her son or someone had just joined the Navy. She said We show you were USMC, which he was , but also said the USN DD 214 and service info would bring his SSA check up a little and it did.

Also the VA can get that stuff mixed up too if a vet served in Army Vietnam for example and claimed AO disability but also was in different branch as well and served in a non AO country, the VA could easily think they had no AO exposure.

This needs to be clarified in your claim.

Edited by Berta

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now