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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  





bhoward422

5103 Waiver Review

6 posts in this topic

The VA out of Janesville Wis. contacted me about 5103 Waiver review which is no more than the release of information form and stated when sinning and dated it return it back to the Janesville Wis VARO does anyone knows whats happening here in which I have responded that all information has been sent forward and told them to proceed by checking the appropriate boxes on the form does this mean that your claims will be decided upon? the letter was mailed to me on 06/14/2013 return date by 07/19/2013 date I mailed it on 06/25/2013.

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They are wanting to know if you have all your information and have nothing else to submit. If no other information then next stop exams, if not done, or ready to rate. Jmho

"The Benefits of a Paperless Claim

February 13, 2013 by Jim Thomas"

http://www.blogs.va.gov/VAntage/8736/the-benefits-of-a-paperless-claim/

The above explains vbms and below explains 5103. 5103 is the new "fancy" way if calling va previous vcaa letters/ DTA (duty to assist).

Guessing you just started a claim and got your first letter. That is what the above and below are and an explanation. Good luck.

http://www.scribd.com/mobile/doc/132873310

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They are wanting to know if you have all your information and have nothing else to submit. If no other information then next stop exams, if not done, or ready to rate. Jmho

"The Benefits of a Paperless Claim

February 13, 2013 by Jim Thomas"

http://www.blogs.va.gov/VAntage/8736/the-benefits-of-a-paperless-claim/

The above explains vbms and below explains 5103. 5103 is the new "fancy" way if calling va previous vcaa letters/ DTA (duty to assist).

Guessing you just started a claim and got your first letter. That is what the above and below are and an explanation. Good luck.

http://www.scribd.com/mobile/doc/132873310

No I have other claims in it's that the VA always uses different terms you are right it is another way by refering to the VCAA letter duty to assist thanks

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I have recently had this issue brought to me by a couple of veterans that I submitted a fully developed claim on. yes, you are correct, this is another means for the VCAA letter but my concerns are this; why is the VA sending this info to veterans that have submitted a fully developed claim? A fully developed claim means just what it says, fully developed and nothing else to add.

is this a ploy by the VA to encourage the veteran to send documentation back that would automatically take the veterans claim out of the FDC status? I have been seeing a lot of this lately. After receiving additional advice from an individual I know that is a reviewer in the claims process, she told me to NOT have the veteran send anything if a FDC has been submitted.

Once again, another tactic by the VA to screw the veteran. When will this madness end?

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I have recently had this issue brought to me by a couple of veterans that I submitted a fully developed claim on. yes, you are correct, this is another means for the VCAA letter but my concerns are this; why is the VA sending this info to veterans that have submitted a fully developed claim? A fully developed claim means just what it says, fully developed and nothing else to add.

is this a ploy by the VA to encourage the veteran to send documentation back that would automatically take the veterans claim out of the FDC status? I have been seeing a lot of this lately. After receiving additional advice from an individual I know that is a reviewer in the claims process, she told me to NOT have the veteran send anything if a FDC has been submitted.

Once again, another tactic by the VA to screw the veteran. When will this madness end?

Which FDC form are you submitting? Are you submitting guard records for guard and reserve? And sometimes the vsr does overdeveloped and send the WTeMS the veteran is supposed to have received by signing the FDC certification.

I'm seeing a lot of claims coming in on the feb 2010 form which is obsolete. I'm also seeing a lot of guard and reserve claims coming in without strs and if the vs has to go out to the unit ( which in average is more than three attempts because guard and reserve units are stingy with the strs) they are excluded. I'm also seeing a lot of FDC forms filled out with the back box checked that they do not want to participate in the program yet full out a 526ez. Also I am seeing FDC without a stressor attached and no confirmed medal. These are just a few. Sorry you are running into that problem. Jmho

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I have recently had this issue brought to me by a couple of veterans that I submitted a fully developed claim on. yes, you are correct, this is another means for the VCAA letter but my concerns are this; why is the VA sending this info to veterans that have submitted a fully developed claim? A fully developed claim means just what it says, fully developed and nothing else to add.

is this a ploy by the VA to encourage the veteran to send documentation back that would automatically take the veterans claim out of the FDC status? I have been seeing a lot of this lately. After receiving additional advice from an individual I know that is a reviewer in the claims process, she told me to NOT have the veteran send anything if a FDC has been submitted.

Once again, another tactic by the VA to screw the veteran. When will this madness end?

Thanks, Meghp, for the outstanding advice on this! Having read the fast letter governing the 5103 waiver, it seems as if they're not supposed to take the claim out of FDC status if a responding veteran provides additional information or a release form to go out and get records. However, one never knows if there isn't another SOP, instruction, or regulation hiding elsewhere that overrides the fast letter's instructions. In my own case, having just received the 5103 waiver letter in the mail today, I'll get it returned without any additional records, which should be on file with the VAMC anyway and therefore accessible by the RO.

Good question on the madness. Somehow, just seems like we're in this for the long haul... Remember, we're costing them money.

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