ptsd Ptsd Claim Re-opened

[thisangel]

I went to the DAV on 19 Oct to re-open my claim. I was CC'd on a letter from the DAV asking the VA to "expedite" my claim. Yesterday(26 oct) I got the packet and will take the completed packet in on Thurs day I still need to make copies. Don't want to give them my originals. As they tend to lose or "not receive" paperwork. Lol. Wish me luck! Hopefully all goes smoothly (Well as much as can be expected from the VA) I'm sure I'll have more questions during the course of the process.

Thanks for all your help

Angel

[Pete53]

Good Luck on your claim

[Commander Bob]

I went to the DAV on 19 Oct to re-open my claim. I was CC'd on a letter from the DAV asking the VA to "expedite" my claim. Yesterday(26 oct) I got the packet and will take the completed packet in on Thurs day I still need to make copies. Don't want to give them my originals. As they tend to lose or "not receive" paperwork. Lol. Wish me luck! Hopefully all goes smoothly (Well as much as can be expected from the VA) I'm sure I'll have more questions during the course of the process.

Thanks for all your help

Angel

Welcome aboard, 'thisangel' & Good Luck. "...a journey of a thousand miles ( of paperwork ), begins with the first packet.... " Did you reopen your claim with new evidence or did you have to go back to your military records and produce something that was missed in your original VA SC comp award???

[thisangel]

I'm re-opening the claim with new evidence. The first time around I didn't submit anything. Refused to admit I was having these issues.

[carlie]

thisangel,

If you are re-opening a claim, that means you filed one in the

past, and I'm guessing it was denied.

Since you are re-opening, it would be good to study the prior rating decision,

Evidence & Reasons and Bases section.

FYI - You will need more than New evidence to re-open the claim.

It will require New & Material evidence to re-open.

Although they sound like one and the same they are not.

d. Definitions: New Evidence and Material Evidence

New evidence is evidence not previously of record.

Material evidence

• is relevant and relates to an unestablished fact necessary to substantiate the claim, and

• has a legitimate influence or bearing on the decision in the case.

Note: The provisions of 38 CFR 3.105(b) do not apply if a decision is changed because of the receipt of new and material evidence.

Reference: For more information on material evidence, see 38 CFR 3.156.

You can look through here for additional help.

Click on :

http://www.warms.vba.va.gov/M21_1MR.html

Scroll down to:

Part 3 - General Claims Process

Chapter 2 - Benefit Programs and Types of Claims,

Click on :

Section E - Reopened Claims

Edited October 29, 2009 by carlie
separation of links