Clayton0417

My claim is being handled by the Atlanta RO. I filed my initial claim in June 2005. I was finally scheduled for a C&P exam on 1 June 2006. My claim was rated on 29 June 2006. I received the award letter on 2 August 2006. The PTSD portion of my claim was deferred (still awaiting mental health records from the military). I had the C&P exam for the PTSD, but they still need my records. However, there was a mistake with them recouping a separation pay that they shouldn't have. Who knows how long it will take for them to fix that.

I found out that my PTSD claim is being deferred because they are still waiting on my mental health records from Ft. Stewart. I had the C&P exam for PTSD on Jun 1, 2006. I'll admit that it was hard to talk to the doctor about a lot of things, and didn't offer much information if he didn't ask. I had the exam before I discovered Hadit, and now realize some of the things that I didn't say may hurt my claim in the down the road. However, he said that he could tell that I was deeply affected by it and was still having a hard time talking about it. I am currently taking Zoloft. He said I have a GAF of 60. He recommended that I continue to seek treatment and continue with the medication. Does anyone know how long they will wait on those records, it's been 13 months since the claim was filed?

I'm finding out that there are many veterans who have this same situation, but don't know about the regulation. I had to give the information to my VSO. He thanked me for bringing it to his attention, because now he knows what to do if someone else comes in with the same problem. You may also want to look at 10 USC 1174, para h(2).

I received the brown envelope the day before yesterday. I was awarded 40% SC (this was the first claim I ever filed) with an effective date of 26 June 2005. The percentages were as follows: 10 - bilateral hearing loss, 10 - patellofemoral, left knee, 10 - patellofemoral, right knee, 10 - tinnitus, 0 - onychomycosis, bilateral toes, and 0 - anemia. However, I will not receive a retro payment because they have recouped it to pay back a separation pay I received in 2000 for my first enlistment. I called the 800 number to let them know that because I had 2 periods of active duty and the disabilities were incurred during the second enlistment they were not supposed to take back the separation pay. I quoted verbatim 38 CFR 3.700 para (a)(5)(ii) to the operator. She was patient enough to look it up while on the phone with me, and agreed that I was correct. She said put it writing and send it in and we'll see what happens. It was their mistake, but I have to prove it. B)

What do you do if they are recouping your separation pay and shouldn't be? I found out that they shouldn't be withholding my compensation to pay back the separation pay that I received for a prior period of active duty (38 CFR, para. (a)(5)(ii)).

Thanks. I did a search on Google and found a section in 38 CFR that states that "Compensation payable for service-connected disability incurred or aggravated in a subsequent period of service will not be reduced for the purpose of offsetting separation pay based on a prior period of service". The way I read it, the separation pay from Aug 2000 should not be recouped but the disability severance pay from last year will be (which I already knew was going to happen). Correct me if I'm wrong. Also, I found out the reason my PTSD claim is being deferred is because they are still waiting on my mental health records from Ft. Stewart. I've already had the C&P exam for the PTSD. I'll admit that it was hard to talk to the doctor about a lot of things, and didn't offer much information if he didn't ask. However, he said that he could tell that I was affected by it and was still having a hard time talking about it. He said I have a GAF of 60. Does anyone know how long they will wait on those records, it's been 13 months since the claim was filed?

What happens when VA says that a part of your claim was deferred? Here's the email I received today from my State VA rep: I located your folder and it appears that you were granted 40% service connection. A letter was mailed to you yesterday. The PTSD claim was deferred. Based on your records, you were paid $XX,XXX separation pay for your first enlistment and $XX,XXX disability severance pay for your 2nd enlistment. You will not receive any payment from VA until both payments are recouped. Also, could some tell me where I can find information on severance/separation pay recoupment. I was under the impression that only the amount of the disability severance pay would be withheld. I hope that's a mistake because my first enlistment ended in Aug 2000. How would I get the money back from the taxes that were withheld during that time?

Yes, I have a vet rep. He's been telling me since Jun 30 to give it two weeks. Today he said that he won't know the outcome until I bring him a copy of the letter from VA. Then he gave me the same reply he's been giving me since Jun 30, "you're on the down side of this, the hard part is over, you'll have to wait until you get a letter in two weeks". On Friday, his assistant contacted someone she knows at the Regional Office who could only tell her that my claim wasn't denied but she could not provide any other information regarding percentages. The folks answering the 1-800 number tell me every week to expect a letter in 7-14 days. I've been calling them once a week since early June when I found out my claim was at the rating board. Thanks

It's been two weeks since my last post. As of this morning, I was told that my claim is still being reviewed and waiting to be authorized. It was rated on 6/29/2006. Is it normal for it to take this long?

Wow! My cousin got out of the military in Columbia and stayed there. He told me that the usually process claims pretty quickly. He said I should've come back home (i'm from SC) and filed my claim instead of doing it in GA. I guess I should've listened. I'm at the 1 year mark since I filed. Thanks.

Hello all, I having been visiting this forum for the past few months, but this is the first time I have posted. I received this email today in response to an inquiry that I made, and would like to know what you all think. Your case was rated on 6/29/2006. It is in the area that inputs the rating results into the computer. The rating decision has not been posted in the computer yet. Once the computer is updated with the rating decision, the case goes to another person that reviews the case and authorizes it. Then, you will be mailed a letter advising you of the decision. [CRAVEY, DANIEL, VBAATLD] I do have a VSO, but I never hear from him unless I call him. Right now he's been on vacation since July 3rd. Before he left, he told me on June 30 that my claim had been rated (he didn't know the decision) and that I would have to wait two weeks for the letter. I called the 800 # yesterday and was told that it was still pending. Do I have much longer to wait?