Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Seabee14

Seaman
  • Posts

    8
  • Joined

  • Last visited

Posts posted by Seabee14

  1. First, please read my signature comment below.

    OK.

    Sharon,

    1) Get established with a service organization. Veterans of Foreign Wars, American Legion, or the State Veterans Organization in your state. They will have your Father complete a form so they can represent him on his claim.

    2) Get the claim submitted while you work on establishing his service into Vietnam. It may take a while to gather evidence, and submitting now will set the date from when he may receive benefits if granted service-connection.

    3) He can request copies of his service treatment records (STR) and personnel file from the National Archives Records Administration on the web at http://www.archives.gov/veterans/

    4) The VA will automatically request the records from (3), even if he submits a copy of what he receives. They will receive his original STR, so if he requests a copy and it has already been sent to the regional office, he will get a letter stating that. The personnel file will be requested by VA unless there is evidence in the file or with the claim that establishes Vietnam service. The personnel file does not leave the records facility, VA will receive a copy.

    5) Buddy statements. If you are able to get these, please have the persons forwarding them to you to include official documentation that they were also in your Father's unit. Copy of a DD214, orders, anything.

    6) Your Father's statement. Details. His unit, the name of the base in Okinawa, dates he flew to Vietnam (within a two month time-frame), where he landed in Vietnam, and how long he stayed. This information will be used to make more advanced requests for information if his personnel file does not contain the evidence needed. Please make sure this statement is submitted.

    7) Don't worry about what his discharge paper shows (the DD214). Show it to his POA and they will submit a copy to VA.

    8) If your Father was stationed in Okinawa and regularly flew into Vietnam, there shouldn't be TDY orders, as that duty was part of his mission from Okinawa and he always returned. The key from his personnel file will be his performance evaluations, which may show that he performed this kind of duty. Also be mindful that use of herbicides in Vietnam started on January 9, 1962, so make sure any statements are supportive of dates after that.

    Regarding fire-related records: This claim is for a presumptive condition due to Agent Orange exposure. Not having his STR will not hold it up, other that a process that may need to happen to establish its unavailability. The issue is with the personnel file. If that ends up being fire-related, his statement and any other evidence showing he flew to Vietnam will become critical.

    This process is not as foreboding as it sounds. But it is a process, and one that is surmountable.

    Best wishes.

    Trailblazer, Sir, award of the Vietnam Service Medal does not concede boots-on-the-ground service in the Republic of Vietnam. I am not trying to start anything with you, but I am a veteran trying to make this process clear and less traumatic.

  2. First, please read my signature comment below.

    Ok.

    The GOMER at the CBOC is in fact totally unqualified to counsel you on claims. I would ask that all of my fellow veterans not go through them. Use your POA at the RO or county office to submit items. If you are at a clinic and want to submit a claim, call your POA. They will type it up and get it date stamped that day. No clinic rep, no mail, no fax.

    AND!!! You can submit claims for anything you want to whenever you want regardless of your disability status. 0 percent through 100% P&T on full SMC, you can still submit a claim.

    Bottom line.

    1) Call your POA and claim PTSD.

    2) Return your VCAA notice, the PTSD stressor form 21-0781) if they send it, and anything else you want to send as soon as you get your letter.

    3) If you have a PH, CIB, or any medal with combat "V" they shouldn't send the 781, but if they do send one, complete and return it.

    Best wishes.

  3. Please note this is a theory based only on the information provided, and without your file NO ONE can make an accurate assessment of your claim or benefits.

    Ok.

    If a few months back is less than one year, you might send in the med reports for a reconsideration of the claim for that rating. If it is VA treatment just let them know where and when you were treated.

    You have a year from the date of the rating notification letter to send in additional evidence for review.

    I would never speculate as to the severity of your condition as I am not an MD.

    Thank you for your service, brother.

    Best wishes.

  4. Please note this is a theory based only on the information provided, and without your file NO ONE can make an accurate assessment of your claim or benefits.

    Ok.

    Your pay should be $1,461.00 (70%, vet-spouse, 2 minor kids). No COLA again this year.

    It depends on when they authorized your award as to when it will begin. The end of January payment start would be correct right now, but again, it just depends on when it pushes through.

    Retro goes out when it processes. Like she said before, when you see it hit the account it is there.

    As for the effective date, they can go to date of discharge from active duty if claimed within one year of discharge. Otherwise it is date of claim.

    And as for a retro that might be larger than $25K, it would only need a third signature from a supervisor on site. I am hoping that myth will bury itself. It is Christmas.

    Thank you for your service, brother.

    Best wishes.

  5. Please note this is a theory based only on the information provided, and without your file no one can make an accurate assessment of your claim.

    If you are a Gulf War veteran (90-91), please please get with your POA to research a claim for undiagnosed illness/gulf war syndrome. IBS falls under that.

    The TBI exam should cover the issues/symptoms of headaches, migraines, memory loss and vertigo.

    You claimed an increase for PTSD. It would appear your other s/c condtiions are the back and a leg.

    Whenever IU is claimed, all s/c conditions have exams requested for them. So you should have had a spine and another exam for the issue with your leg. The request asks the examiner to reply as to how that condition effects your employability.

    As for the heart burn, IBS, tinnitus, and rash? They would have looked at your service med records and any other records on hand to see if these conditions were treated in, caused by, or aggravated by service. If not, no exam.

    It is bad that the C&P clinic couild not work with you to reschedule. A no-show/failed to report on the exams would have resulted in the claim being rated, and after the holidays you would only have had to request the RO reschedule them. You would have had a year to do that.

    Again. Please note this is a theory based only on the information provided, and without your file NO ONE can make an accurate assessment of your claim.

    Best wishes.

  6. Excellent questions from Berta, the biggest being, was a rating finalized denying the heart condition?

    If not, the file may not get flagged for the Nehmer review and you would need to submit a claim for DIC based on the new Nehmer presumptive issue.

    Try a POA (Texas Veterans Commission, VFW, or American Legion) at your nearest RO, either Waco or Houston. They can find out where his file is and if it has been pulled for Nehmer, and they can help with the DIC claim.

    Best wishes.

  7. Sir,

    All awards over $25K require a third signature. This is in the manual M21-1, Part 5, Chapter 9.01. Some stations may require larger awards, say over $250K, be reviewed by the Director at that station.

    The Fast Letter 07-19 your refer to was rescinded on 8/14/2008.

    Any retro amount is not determined until the end of the process, when the award is finalized. I have on good authority that this would not cause undo delay in a claim, other than the time it would take for the third person to review it. Each claim is a new experience, regardless of what the issues are.

    The third signature refers to (1) the VSR that prepares the award, (2) the authorizer that reviews it, and (3) a supervisor that does a second review. At least at the station I am familiar with. And at that point it is not a matter of changing the rating, it is making sure the amount is correct and nothing was missed.

    Also, RVSR's are in a probationary status for an amount of time, depending on station policy. I know of one station that requires a second review on all ratings for up to two years after training is completed. And reviews are done after that for quality purposes. Does that mean that errors will still get through? Most anything is possible. I have it on good authority that the VA calls in files for reviews on claims, and if an error is found it is returned to the RO for corrective action.

    I am not trying to start anything with you, sir, but to clarify. I am a veteran and I hope I can help clear the air.

×
×
  • Create New...

Important Information

Guidelines and Terms of Use