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    • I would like to thank everyone on the PTSD and TDIU forums for helping me reach my 100% rating.  My story began in 1975 when I was in AIT.  I was the only female in my unit and my DI thought he could take advantage of that fact.  I was sexually assaulted and tortured by this man for 8 weeks.  I told no-one.  The reason for mentioning these facts is to let other veterans suffering from MST know that there is hope no matter how many years have passed.  I received my 100% award 41 years and 15 days after my assault began.  I suffered with nightmares and flashbacks for all of those years.  I worked and provided a decent living for myself until March of this year when I was finally forced to take a medical retirement.  I am 63 and just had 2 more years to make it to retirement.  In 2014 I joined a PTSD Support Group.  For the first time I was able to tell my story.  My peers encouraged me to file a claim and I finally did.  My symptoms became much worse the more I opened up and I ended up losing my job.  The reality is I would have lost my life if I had not have met these amazing women.  My life is finally turning around and I am learning to control my anger and feel as though I deserve to live.  I never believed that anyone would believe my story after all of those years.  The person that investigated my claim uncovered some conversatIons that I had  with a Chaplin.  He had noted in my file that he thought I had been sexually assaulted even  though I never said those words.  I was amazed at how thorough this investigation was.  Please forgive my rambling, I just want others to know that there are claims personnel that really work hard to give us the benefits we deserve.  I spent hours reading the Had It forums to keep my self encouraged during the waiting time.  Thank you all so much for the support!
    • Can anyone give me a timeline on when I might receive any information in the mail? How long before back-pay?
    • I will have been on a CPAP come a year Dec. 1st.  As I understand I have to turn my CPAP into my local VAMC, which I assume is to show the actual usage in order to get prescribed for another year of usage. My question is what is VA looking for inside the CPAP besides obviously the conisitent usage, and what actual data is there for them to see and evaluate?  I read somewhere that they can see if your apneas have increased or decreased......is this true?  Has anyone ever actually gone from moderate or severe OSA to no apneas ? If this is true..........I do not understand how it can go lower in apneas when other conditions are still involved like allergies, sinus, deviated septum, etc.?  Just curious what is involved and what is the data is extracted from CPAP.  I do have a claim in for SA as a NOD.  Thanks for any help on this subject.
    • Some DRO's can't read either   I think the veterans claims should be decided at this level and if they were Most claims would be Awarded. It maybe just me but when a veteran has everything it takes to win a claim all the correct evidence & records all in the veteran favor and the rater don't read all of it and then the vet is denied,  Then vet files NOD  for a DRO Hearing (usually) they are other means to how the veteran wants his claim to be decided. Some times DRO Hearings are no good...it maybe just me but I truly think if the DRO don't like the veteran or just don't like his/her looks   they have a denial in mind, because when a veteran proves his case to a DRO and has everything needed for the DRO to make the Right Decision   they don't do that  instead they tell the veteran: ''ok well everything looks good  I will take this back to my desk and I'will read the evidence more and this may take a while so I'll let you know by letter in 60 days or less''  ect,,ect,,  to me that DRO knew he would deny that veteran...then the Appeals process begins a timely process, BVA Journey starts I -9 filed SOC read ect ect,,,  and the wait for a decision that should have already been made....This cost the VA more $$ b/c one day the veteran will win his/her claim  and get a lot of retro paid but what does the veteran do in the mean time....sometimes its to late (vet dies)  but the agony and worry's with the VA is carried on by this veteran family  and this should never happen but it happens everyday at the V A jmo ..........Buck
    • In July of '15, I appealed a denial of service connection for a R shoulder condition. I submitted actual copies of a shoulder injury from my Navy medical record, along with evidence of surgeries in 200 and 2015 done by non-VA doctors. At the same time, I filed for an increase in my cervical spine condition. Of course, nothing has happened yet, but it appears that the VA has lumped the two together as one "appeal." I submitted the paperwork under the direction of my NSO. I'm sure this question has been addressed here periodically, but I'd like a fresh opinion:
       As time goes by, I continue to be treated, tested, injected, etc. for both of these conditions; they are getting worse and worse and the NSO is encouraging me to go for and IU claim, but I still want to try to work. Also recently lost my wife to cancer so i'm the only income anymore. I've been told that submitting additional evidence causes your claim or appeal to go back to the beginning of the process. Is this true? Also, does the VA, when they do get around to looking at my appeal, automatically go through my record and look for information pertaining to my claim? I began using the VA system exclusively last fall, so the new information should be readily at hand. Do I have to go through and pick it out and submit it to them as supporting documentation, or will they find it on their own? If I need to submit, then it goes back to my question above; am I just moving my appeal father away from being considered? Aside from that, I recently got a favorable 10% for tinnitus. I was already at 90% and the new award doesn't push me to 100, but i guess it always helps to document it. Considering a subscription - these ads are a killer and make using the site a lot more confusing to me. Thanks for all the work you do, all of you! Jim





Done wit this

13 Year Old Claim From Kkmc Desert Storm

173 posts in this topic

Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

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I believe I would send the VA a certified letter requesting a hearing and review of all the information you have that proves your claim. Do a little research on the net under 38 CFR and find what may relates to your claim and use it.

Hope this helps.

38 C.F.R. 3.303(a)

General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

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I believe I would send the VA a certified letter requesting a hearing and review of all the information you have that proves your claim. Do a little research on the net under 38 CFR and find what may relates to your claim and use it.

Hope this helps.

38 C.F.R. 3.303(a)

General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

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Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

You Know You would think a claim this easy to see, that the Original decision was made without Medical files proving what I claimed back in 1993 that the VA would settle it .Instead of let it lagg on and on it takes no Lawyer to look at this and say we messed up give the man some help !! I've got 5 kids . I could not treat a dog this bad. I will Research the 38 CFR and see if this will help! I,ll tell ya what I'm getting a forced education on VA claims. but hey I,m a fighter and this is just another type of fight . I,ll try this ammo if this don't work I'll try something else Thanks for any help I can get!! :(

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Don't give up. You might consider a trip to the VARO to review your file with a Councellor and point it out so that they can make a more informed decision.

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Don't give up. You might consider a trip to the VARO to review your file with a Councellor and point it out so that they can make a more informed decision.

What do you mean by making a trip to the VARO? what is the VARO is that the Regional Office in Buffalo? I am new at this and I am learning , Would I need an appointment ? One thing I will Garentee you I won't give up ! 15 years since the Injury and I just came up with Medical files no time to stop thats for sure!

Thanks Pete you have to same name as my state vet counselor :(

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