Revelation

http://www.msnbc.msn.com/id/21134540/vp=43205013&#43204422 From MSN this morning regarding veterans claims and backlogs. Please feel free to take the link and post it where it is supposed to go. Thank you

http://www.veteranslaw.com/content/veterans-law-case-summaries I searched: "Veteran cases won establishing an earlier effective date" and found the above link very informative. It is a lawyer's website but has cases you can search and find out exactly how those cases were won. It takes a lot of time and research to read the cases but within those cases are the answers.

http://www.policyarchive.org/handle/10207/bitstreams/19883.pdf Veterans Affairs: Benefits for Service-Connected Disabilities Douglas Reid Weimer Legislative Attorney June 16, 2010

The VA is more apt to look at the PTSD. (See Sleep Apnea below): DSM-IV-TR criteria for PTSD In 2000, the American Psychiatric Association revised the PTSD diagnostic criteria in the fourth edition of its Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR)(1). The diagnostic criteria (A-F) are specified below. Diagnostic criteria for PTSD include a history of exposure to a traumatic event meeting two criteria and symptoms from each of three symptom clusters: intrusive recollections, avoidant/numbing symptoms, and hyper-arousal symptoms. A fifth criterion concerns duration of symptoms and a sixth assesses functioning. Criterion A: stressor The person has been exposed to a traumatic event in which both of the following have been present: The person has experienced, witnessed, or been confronted with an event or events that involve actual or threatened death or serious injury, or a threat to the physical integrity of oneself or others. The person's response involved intense fear,helplessness, or horror. Note: in children, it may be expressed instead by disorganized or agitated behavior. Criterion B: intrusive recollection The traumatic event is persistently re-experienced in at least one of the following ways: Recurrent and intrusive distressing recollections of the event, including images, thoughts, or perceptions. Note: in young children, repetitive play may occur in which themes or aspects of the trauma are expressed. Recurrent distressing dreams of the event. Note: in children, there may be frightening dreams without recognizable content Acting or feeling as if the traumatic event were recurring (includes a sense of reliving the experience, illusions, hallucinations, and dissociative flashback episodes,including those that occur upon awakening or when intoxicated). Note: in children, trauma-specific reenactment may occur. Intense psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event. Physiologic reactivity upon exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event Criterion C: avoidant/numbing Persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness (not present before the trauma), as indicated by at least three of the following: Efforts to avoid thoughts, feelings, or conversations associated with the trauma Efforts to avoid activities, places, or people that arouse recollections of the trauma Inability to recall an important aspect of the trauma Markedly diminished interest or participation in significant activities Feeling of detachment or estrangement from others Restricted range of affect (e.g., unable to have loving feelings) Sense of foreshortened future (e.g., does not expect to have a career, marriage, children, or a normal life span) Criterion D: hyper-arousal Persistent symptoms of increasing arousal (not present before the trauma), indicated by at least two of the following: Difficulty falling or staying asleep Irritability or outbursts of anger Difficulty concentrating Hyper-vigilance Exaggerated startle response Criterion E: duration Duration of the disturbance (symptoms in B, C, and D) is more than one month. Criterion F: functional significance The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning. Specify if: Acute: if duration of symptoms is less than three months Chronic: if duration of symptoms is three months or more Specify if: With or Without delay onset: Onset of symptoms at least six months after the stressor References American Psychiatric Association. (2000). Diagnostic and statistical manual of mental disorders (Revised 4th ed.). Washington, DC: Author. Sleep Apnea is difficult to prove as service connected without another underlying cause such as injury to the mouth, soft palate, throat or tongue in some way. If you were not injured in the military where the facial structures were affected, it will most likely not be found as service connected. The VA is your medical provider and recommended the CPAP machine for medical reasons, not for service connection. Here are some causes for Sleep Apnea: What Causes Sleep Apnea? When you're awake, throat muscles help keep your airway stiff and open so air can flow into your lungs. When you sleep, these muscles are more relaxed. Normally, the relaxed throat muscles don't prevent your airway from staying open to allow air into your lungs. But if you have obstructive sleep apnea, your airway can be blocked or narrowed during sleep because: Your throat muscles and tongue relax more than normal. Your tongue and tonsils (tissue masses in the back of your mouth) are large compared to the opening into your windpipe. You're overweight. The extra soft fat tissue can thicken the wall of the windpipe. This causes the inside opening to narrow, which makes it harder to keep open. The shape of your head and neck (bony structure) may cause a smaller airway size in the mouth and throat area. The aging process limits your brain signals' ability to keep your throat muscles stiff during sleep. This makes it more likely that the airway will narrow or collapse. Not enough air flows into your lungs if your airway is fully or partly blocked during sleep. This can cause loud snoring and a drop in your blood oxygen level. If the oxygen drops to a dangerous level, it triggers your brain to disturb your sleep. This helps tighten the upper airway muscles and open your windpipe. Normal breaths then start again, often with a loud snort or choking sound. The frequent drops in oxygen level and reduced sleep quality trigger the release of stress hormones. These compounds raise your heart rate and increase your risk of high blood pressure, heart attack, stroke, and arrhythmias (irregular heartbeats). The hormones also raise the risk of, or worsen, heart failure. Untreated sleep apnea also can lead to changes in how your body uses energy. These changes increase your risk of obesity and diabetes.

A GAF Score can change with every visit and assessment. See the GAF scoring criteria so that you are aware of what the medical personnel are looking for: In English GAF score, Global Assessment of Functioning score Description: The Global Assessment of Functioning (GAF) is a numeric scale (0 through 100) used by mental health clinicians and doctors to rate the social, occupational and psychological functioning of adults. The scale is presented and described in the DSM-IV-TR on page 32. Children and adolescents under the age of 18 are evaluated on the Children’s Global Assessment Scale, or C-GAS. 91-100 Superior functioning in a wide range of activities, life's problems never seem to get out of hand, is sought out by others because of his or her many qualities. No symptoms. 81-90 Absent or minimal symptoms, good functioning in all areas, interested and involved in a wide range of activities, socially effective, generally satisfied with life, no more than everyday problems or concerns. 71-80 If symptoms are present they are transient and expectable reactions to psychosocial stresses; no more than slight impairment in social, occupational, or school functioning. 61-70 Some mild symptoms OR some difficulty in social, occupational, or school functioning, but generally functioning pretty well, has some meaningful interpersonal relationships. 51-60 Moderate symptoms OR any moderate difficulty in social, occupational, or school functioning. 41-50 Serious symptoms OR any serious impairment in social, occupational, or school functioning. 31-40 Some impairment in reality testing or communication OR major impairment in several areas, such as work or school, family relations, judgment, thinking, or mood. 21-30 Behavior is considerably influenced by delusions or hallucinations OR serious impairment in communications or judgment OR inability to function in all areas. 11-20 Some danger of hurting self or others OR occasionally fails to maintain minimal personal hygiene OR gross impairment in communication. 1-10 Persistent danger of severely hurting self or others OR persistent inability to maintain minimum personal hygiene OR serious suicidal act with clear expectation of death. 0 Not enough information available to provide GAF.Just so you are also aware, this is the criteria for a diagnoses of PTSD: DSM-IV-TR criteria for PTSD In 2000, the American Psychiatric Association revised the PTSD diagnostic criteria in the fourth edition of its Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR)(1). The diagnostic criteria (A-F) are specified below. Diagnostic criteria for PTSD include a history of exposure to a traumatic event meeting two criteria and symptoms from each of three symptom clusters: intrusive recollections, avoidant/numbing symptoms, and hyper-arousal symptoms. A fifth criterion concerns duration of symptoms and a sixth assesses functioning. Criterion A: stressor The person has been exposed to a traumatic event in which both of the following have been present: The person has experienced, witnessed, or been confronted with an event or events that involve actual or threatened death or serious injury, or a threat to the physical integrity of oneself or others.The person's response involved intense fear,helplessness, or horror. Note: in children, it may be expressed instead by disorganized or agitated behavior. Criterion B: intrusive recollection The traumatic event is persistently re-experienced in at least one of the following ways: Recurrent and intrusive distressing recollections of the event, including images, thoughts, or perceptions. Note: in young children, repetitive play may occur in which themes or aspects of the trauma are expressed.Recurrent distressing dreams of the event. Note: in children, there may be frightening dreams without recognizable contentActing or feeling as if the traumatic event were recurring (includes a sense of reliving the experience, illusions, hallucinations, and dissociative flashback episodes,including those that occur upon awakening or when intoxicated). Note: in children, trauma-specific reenactment may occur.Intense psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event.Physiologic reactivity upon exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event Criterion C: avoidant/numbing Persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness (not present before the trauma), as indicated by at least three of the following: Efforts to avoid thoughts, feelings, or conversations associated with the traumaEfforts to avoid activities, places, or people that arouse recollections of the traumaInability to recall an important aspect of the traumaMarkedly diminished interest or participation in significant activitiesFeeling of detachment or estrangement from othersRestricted range of affect (e.g., unable to have loving feelings)Sense of foreshortened future (e.g., does not expect to have a career, marriage, children, or a normal life span) Criterion D: hyper-arousal Persistent symptoms of increasing arousal (not present before the trauma), indicated by at least two of the following: Difficulty falling or staying asleepIrritability or outbursts of angerDifficulty concentratingHyper-vigilanceExaggerated startle response Criterion E: duration Duration of the disturbance (symptoms in B, C, and D) is more than one month. Criterion F: functional significance The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning. Specify if: Acute: if duration of symptoms is less than three months Chronic: if duration of symptoms is three months or more Specify if: With or Without delay onset: Onset of symptoms at least six months after the stressor References American Psychiatric Association. (2000). Diagnostic and statistical manual of mental disorders (Revised 4th ed.). Washington, DC: Author.

I would request that you write me privately regarding your disability so that I know if I run across a policy which may have affected you that may have been violated. If you were considered undeployable while in the military, then there may be grounds for retroactive pay. The DD214 has several copies and the first copy does not have the same information as the following copies as I saw in a Army Regulation. The regulation stated to give the first copy to the veteran, then to add certain information on the others which go to various sections. An example of a policy is the following: http://www.dtic.mil/whs/directives/corres/pdf/649007p.pdf PROCEDURES 1. PERFORMANCE OF MEDICAL ASSESSMENTS. All DoD personnel serving in a contingency deployment as defined in section 3 of the front matter of this Instruction must undergo a medical assessment prior to deployment in accordance with subparagraph E4.A1.1.1. of Reference (l). The mandatory portions of the assessment are: a. Completion of DD Forms 2795, “Pre-Deployment Health Assessment,” and 2766, “Adult Preventive and Chronic Care Flowsheet” (available on the Internet at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm). Except for Coast Guard personnel, completed copies of both of these forms must be submitted to the Defense Medical Surveillance System and included in DoD personnel deployment paperwork, and shall serve as the deployment medical record. For Coast Guard personnel, the DD Form 2766 shall be placed in the member’s health record, but all other procedures for Coast Guard personnel shall be as described in this Instruction for DoD personnel. b. Medical record review. c. Current periodic health assessment (Service members only). d. Physical exam within 1 year of deployment (DoD civilian employees only). To be continued...sorry, I am at work.

What the VA considers "effective date", is the date in which you first applied for a claim which you probably already knew. In the information previously posted regarding policy/procedure or army regulations which were not followed is the only way I know to get an earlier effective date. You have to place blame, beyond a reasonable doubt on the VA. For example, the best way to know if the VA followed all the rules is to go to various websites, especially those which tell regulations, policy and procedure: http://www.apd.army.mil/jw2/xmldemo/r135_175/cover.asp Army National Guard and Army Reserve Separation of Officers It takes a lot of research and time to try to find the smallest hole. If you are a combat veteran and make a claim and there is no adverse evidence to rebutt your claim, the law states the evidence is in your favor (see previously posted). I am currently working on the retroactive pay and earlier effective date. If the answer is out there, I will find it and keep you in mind. Keep checking back at this post. As I find things, I will post them.

I wanted to add some information here. If an injury occurred which required hospitalization while in the military and the VA states there are no records, a way to prove absence from duty due to the injury is through your morning reports. Request your morning reports through the National Records Archive http://www.archives.gov/veterans/ , through the Secretary and his "Duty to Assist", or through your representative. Many published Army Regulations can be found here: http://usmilitary.about.com/od/armyreg/Army_Regulations_and_Field_Manuals.htm Make sure that the regulations you are looking at fit your "time" of duty and that they have not been superseded by a change that does not apply to you. Information about Army Policies for Separation: http://www.armywell-being.org/skins/wblo/display.aspx?ModuleID=77a35404-a7b5-4da5-829f-52f412d3328e&Action=display_user_category_objects&CategoryID=169499dd-24cf-46c0-b6f4-5dece3f6db46 Sometimes not following United States Armed Forces policies and procedures can cast fault on the part of the military or "reasonable doubt" in cases where policies plays a major roll in a claim. Request your DD214a This is a "worksheet" which was prepared upon discharge and may contain pertinent information. United States Military Publications and Regulations http://usmilitary.about.com/od/publicationsregulations/United_States_Military_Publications_and_Regulations.htm It may prove worth your while to research regulations. Information and resources about United States Military Publications, including official publications such as regulations and unofficial publications such as military-related magazines and newspapers. DOD Directives are shown below. Other service's regulations and manuals are in the sub-categories. Air Force Regulations (134)Army Regulations (248)Coast Guard Regulations (85)DOD Pay Regulation (108)Magazines and Pubs (39)Navy Regulations (81)Reserve Regulations (3)USMC Regulations (140)

http://www.defense.gov/home/features/2010/0710_stoploss/ Calling All Stop-lossed Servicemembers... Just in case you had forgotten, the 2009 War Supplemental Appropriations Act authorized retroactive stop loss special pay of $500 for every month/partial month served in stop loss status. Service members, veterans, and beneficiaries of service members who were involuntarily extended under stop loss between 9/11 and September 30th 2009 are eligible.

I have been reading various claim information, questions and request for assistance. It was easy to see that I would have to be here all night to help each individual so I am sharing some very helpful information with you. This information comes from nearly 20 years of researching a case for a solider who was injured in Korea and most likely has one of the oldest and substantial claims on the books to date. I am not a Lawyer, just a daughter. There will be a lot of information here. 1. Invest in a Title 38 Law Book and read every page. If you are unable to afford it, see the Cornell Law website for the laws: http://www.law.cornell.edu/uscode/html/uscode38/usc_sup_01_38.html AND http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title38/38tab_02.tpl There is C.F.R (Code of Federal Regulations) and U.S.C (United States Code). Know both of them inside and out. Learn legal terms. The following Laws pertain to veterans seeking benefits. The VA expects that you do not know these laws and that is how cases are drug out so long that veteran's die or give up. Even if you have a representative, do not believe that they know or will use these laws in support of your case. 2. If you are 70 or 75 years old or older, (there is a discrepancy in actual age ACCORDING TO DIFFERENT TEXT) your case has to handled in an "expedited" manner. http://docs.google.com/viewer?a=v&q=cache:z7SWYTOrrJMJ:www.bva.va.gov/docs/VLR_VOL2/Copy2--MarcyKreindlerandSarahRichmond.pdf+veterans+law+expedited+age&hl=en&gl=us&pid=bl&srcid=ADGEESiI6EvhEDVoua-jGIrq2MGuOg3tqKpcipsbwoNTnCeXbzkd7q2W5p5J7F05CtEA1D-ZCeWsNovOWRbVsHJdzkhthy3TUy_xuge3CLEJF1CSJvS-JjqmB_OmJcdLgV2M9s2oMJE0&sig=AHIEtbTJWg75VF0apbs7YQzTfWrT0LGzmw 3. A REMANDED case has to be handled in an expedited manner as well. USC Title 38 7112 4. The Secretary has to share the burden of proof and has a Duty to Assist claimants in securing records related to their claim. Make sure you cite this law when making your request for assistance. If the request is ignored, you may have grounds for CUE's or Clear and Unmistakable Errors, which will be covered momentarily. http://www.veteransdisabilitylawyersite.com/duty_to_assist.html The VA Duty to Assist in Getting Records for a Veterans Disability Claim. "The Secretary must make reasonable effort to assist claimant in obtaining evidence necessary to substantiate the claimants claim for benefits under a law administered by the secretary." 38 U.S.C. 5103 A. The standard by which the VA must apply this is slightly different depending on whether the records sought are federal records or not. For federal records the VA must make continued reasonable effort to try and obtain those records. The VA can stop pursuing the records only after they are reasonably sure the records the records don't exist or that a continue effort to get the records would be futile. 38 U.S.C. 5103 A (b)(3). Even if VA for the above reason stops attempting to get records they have an obligation to notify the claimant and inform the claimant of possible alternatives to those records. 5. USC Title 38 7111 ( TITLE 38 > PART V > CHAPTER 71 > § 7111) Revision of decisions on grounds of clear and unmistakable error http://www.law.cornell.edu/uscode/38/7111.html It is important to take the time to read this, especially if your case has been denied. This IS an important law. 6. Regarding injury sustained while in the Armed Forces of the United States: TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER VI > § 1154 Consideration to be accorded time, place, and circumstances of service (a) The Secretary shall include in the regulations pertaining to service-connection of disabilities(1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and<a name="a_2">(2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; 98 Stat. 2727).Continue reading: http://www.law.cornell.edu/uscode/search/display.html?terms=38%201154&url=/uscode/html/uscode38/usc_sec_38_00001154----000-.htmlAnd this information has a lot to do with Vietnam Veterans: http://www.law.cornell.edu/uscode/search/display.html?terms=38%201154&url=/uscode/html/uscode38/usc_sec_38_00001154----000-notes.html For those of you who have missing military records of any kind or have been told your records "burned up" in St. Louis...If you are a combat veteran and have a CIB or actually fought, you will be amazed to read this law. In the absence of evidence:(b) In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. See the other laws below: TITLE 38 > PART II > CHAPTER 15 > SUBCHAPTER II > Non-Service-Connected § 1521<h2 class=catchline" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; font-weight: normal; display: inline !important; "><h2 class="catchline" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; font-weight: normal; display: inline !important; ">. Veterans of a period of war </h2></h2> § 106. Certain service deemed to be active service § 1111 Presumption of Sound Condition When you entered you had a physical exam which stated "SOUND CONDITION" § 11110 Basic Entitlement § 1112 Presumptions relating to certain diseases and disabilities Thank you for all you have done and continue to do. I might be able to help medically to connect the injury sustained in the military to current problems on a case by case bases. I work full time, long shifts and will do what I can. Thank you ~Revelation

Hello. Request your Veteran's Rights to have The Secretary in his "Duty to Assist" Click this link to read all of the law: http://www.law.cornell.edu/uscode/search/display.html?terms=duty%20to%20assist&url=/uscode/html/uscode38/usc_sec_38_00005103---A000-.html Ask the Secretary for your Social Security and any Workman's Compensation Records, or other records which will support your work history. . TITLE 38 > PART IV > CHAPTER 51 > SUBCHAPTER I > § 5103APrev | Next § 5103A. Duty to assist claimants How Current is This?(a) Duty To Assist.—(1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit under a law administered by the Secretary.(2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim.(3) The Secretary may defer providing assistance under this section pending the submission by the claimant of essential information missing from the claimant’s application.(b) Assistance in Obtaining Records.—(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain.(2) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall—(A) identify the records the Secretary is unable to obtain;(B) briefly explain the efforts that the Secretary made to obtain those records; and© describe any further action to be taken by the Secretary with respect to the claim.(3) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection or subsection ©, the effortsto obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further effortsto obtain those records would be futile.© Obtaining Records for Compensation Claims.— In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (b) shall include obtaining the following records if relevant to the claim:(1) The claimant’s service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimant’s active military, naval, or air service that are held or maintained by a governmental entity.<a name=c_2">(2) Records of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information sufficient to locate those records.(3) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain. THERE IS MORE, CLICK THE LINK ABOVE. Try your best to handle your own affairs or "someone" could question your competence in filling out forms or managing your financial affairs. In your area, there are agencies which help veterans fill out forms or you can contact your local DAV.

TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER VI > § 1154Prev | Next § 1154. Consideration to be accorded time, place, and circumstances of service (a) The Secretary shall include in the regulations pertaining to service-connection of disabilities(1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence...<a href=http://www.law.cornell.edu/uscode/uscode38/usc_sec_38_00001154----000-.html">http://www.law.cornell.edu/uscode/uscode38/usc_sec_38_00001154----000-.htmlWhat "they" are looking for is the connection between service and the current illnesses. If your medical records indicate you were treated for the conditions in the military, then fill out a Form 9 and submit New and Material Evidence by highlighting those facts within your record. Example: Hearing Loss. When was the first time you were injured which caused any symptoms at all (within the military)? Find that incident and attach it to your Form 9. The same for the other claims. Think of it like building a house, you need a strong foundation from which to build. Your first records of injury is the pouring of the concrete and then you build from there.INJURY REPORT (In the military)>MEDICAL RECORDS (in the military)>MEDICAL RECORDS (after discharge)>Title 38 Laws which pertain to your case>Supportive evidence (other records). VA FORMS:http://www.va.gov/vaforms/search_action.asp