ArNG11

A word of caution with other diagnoses that have similar symptoms to , or are in Addition to, PTSD, they like to lump multiple symptoms and problems into one, and try to connect it to a preexisting problem before service. A favorite as In My experience is a mixed anxiety depressive order which carries a zero % rating, even though evidence states otherwise. Also the denial of presumption of health. If it's not noted in your entrance examination then you are given 100% go, physically and mentally fit. The VA likes to forget that stipulation.

Good luck with that. Sometimes it is best to be proactive in your own claims. Although some VSO's are very helpful some can be a detriment to your claim. JMO. Curious what is/are your current claims? Since it looks like it is recent service periods, are you claiming anything related to gulf war issues or something similar?

Hah VA regional office is funny. I am glad I sent my NOD in triplicate. I got one of my NOD's returned in the mail today, the one I sent through regular mail. Funny though, they accepted my registered return receipt though, and my fax showed sent successfully. Hmm, very curious.

The VA cannot prove or disprove tinnitus. If you put in a claim for tinnitus they will review your records and if you had a MOS or AFSC or what not that exposed you to high frequency noise then more likely than not you will get service connection. At most tinnitus will net you 10% whether it is heard in one ear or both. Hearing loss is another matter, however, I don't know much about the criteria other than what you can look at in the CFR. Best wishes

I feel your pain my friend. As if any amount of money will ever make us whole, or heal those wounds that time will never really heal completely. I am not done with my fight by no means, but I can imagine how you feel. The benefits will never amount to what you have lost, there are some things that you can't mend, however, it is what you do with your life from now and the time you have left on this earth that will make the difference. The time you have left with loved ones, the help you can offer others, make the best of what you have, be at peace with yourself and I think your quality of life will be much better. I try to practice this myself, most times I keep my demons away. JMHO. Take care and enjoy the victory. It IS a victory. Best wishes.

I don't really care about people resigning or giving up their position, I'd rather them be held accountable for what they have done and not done. If it were anyone else they would be crucified. I think I rather let them be in a locked room with the families of the veterans who were allowed to die on their watch. Sadistic maybe, but there would be some justice in that.

Free spirit that's a hell of a good idea, didn't even think about that. IRIS! Hmm learn something new. Thanks.

Verbal would not be good, as there would be no proof of the call that they would provide you with. He said she said line. I can't quote the reg off hand as I'm not at home but, there are problems with other vets records being in your file along with your missing records, those could have been the deal breaker on your claim, of course proving that would be a booger. It has to be detrimental to your claim that had those records been there or not been there would have changed the outcome of your claim.

Tiredcoastie, although you have that appointment to see your c file, make sure you make known if you see there are missing documents or documents that are not yours in your file. Also under the Freedom of information Act, you can get a complete and correct copy of your c file once free of charge, however, this must be done in writting. There are samples on this site of the letter you can use, if you can't find it let me know and I'll send you or post a copy on here.

I call a bunch of BS. Per the CFR you do not have to use the NOD form. Simply a statement on some crap paper if you'd like stating your disagreement with the decision the VA has made in your case can suffice. "Notice of Disagreement " (NOD). There is no official NOD form. Generally, the NOD can be a written statement on VA Form 21-4138 (Statement in Support of Claim) or a letter that states that you disagree with the decision. You can use the form 21-0958, but you are not forced to. In my case I did use the form, along with a 21-4138, and 22 pages of evidence they, the wonderous decision makers at the VA, chose to ignore in my claim. Just be sure you are straight forward and be as direct as possible for what your asking for, cite the regs, and evidence, send only copies of your evidence, and be sure you send it registered mail, return receipt requested. I myself make a copy of everything I send them. I have a file that I keep just for them with all the correspondence I have sent them. It is best to CYA in everything you do with your dealings with the VA. As many on here will confirm they are playing games with you. At least they are going to try. Wise up and make them shut up to do what it right. By the regs and by the law.

Hang em John. Slam them against the wall, with hand cuffs on and vices on their lips. Slam them hard. Justice will be done. Good luck.

63Sierra the problem is going to be getting an attorney to fight this fight. This would take years to win and I'm not sure many law dogs would get into this long drawn out fight. Don't get me wrong I am one that would love to see this bring justice to gulf, Iraq, Afghanistan war vets some redemption, myself included, however, I'm not sure what it's going to take to change this mess. I will tell you I'm not giving up, however, I realize the changes might not happen in this decade.

I have a remark on this. I have kind of stated it before, if they disregard evidence in the beginiing of a claim, and after, say as a request for an increase, what would be the logical conclusion be if you submitted more evidence during an NOD or later? I am getting ready to find out probably in a few months when they answer my NOD, although quite frankly, I believe that time frame to be closer to years. I am not going the DRO route. A senior rater already looked at my case when I first got a decision, a senior rater looked at it a second time when I was granted an increase. It seems to me from my experience and from others on here that it is only at the BVA and CAVC that you might get a fair shake. I have an IMO/IME coming up and I am submitting that evidence as well as the evidence they ignored, but I don't expect the regional office to do much more than what they have already done. Ignore the evidence of record and ignore the regs and law. I will post the results of my efforts and fight. Back injuries are a big battle. Your chances of getting service connected and getting your foot in the door are great as long as you have in-service medical documention. They, the VA tend to ignore private medical records though. This is just from my experiences so far. JMHO.

Carlie I can only try to imagine the grief and painstaking fight to be service connected and get benefits for AO conditions. 30 to 40 years is a ridiculous time frame. I am furious and very well,, I'd rather not use the plethora of colorful metaphors that I know, I hope that it doesn't take that long. I guess I got lucky with my back claim, if I can dare to call it that. I think I much rather have given up an extremity than to deal with what I am now. Physically and emotionally it is just so taxing. But alas, if "ifs" and "ands" were pots and pans the whole world would be a kitchen. Evidence is the key. So many say or rather write that and I am finally figuring it out, however, the fight goes with much more than that. Inservice medical documentation, continuing treatment, worsening conditions, filing a claim in a timely manner, knowing your evidence, knowing the regs and laws, a little bit of luck, and someone with a good conscience to rate a claim properly. The whole house of cards can be a complete illusion at times. Decisions, tactics, implementations, so much stuff. I think I am just tired and maybe I'm on too many meds. I do want to state, for the record, I am extremely thankful for this website and the people on this forum. It has been a great help and guide.

Shyne-I stay focused and give them hell. Be meticulous in your record keeping and cite the regs and law and evidence. They are going to try to weasel, delay, and evade and confuse, that is the game. But you know better, we all do. Cite, send resend the evidence, and appeal everything that is not getting a fair shake. Let them know you mean business and don't give up.

Yes and no. I know from personal knowledge that the VA c&p doctor did not review my records, yet his opinion is given more weight than my private physician, which incidentally has been treating me since 2009. A dr. or so called dr., who did not review my records, opinion counted more than my evidence. So much for the benefit of doubt huh. I will say that I have followed the IMO/IME route, however, if they, the VA, ignored evidence since the beginning of my claim, what should prevent them from doing it again? I did obtain my C-file and it, my evidence was there, along with other veterans records, imagine that. I have little faith in the whole process, but heh, it's not a good fight if it is not a hard one. I was lucky with my evidence as my back injury, HMMV accident, was documented in my SMR, however, they have failed to follow due process, ignored the benefit of doubt, ignored the CFR and have broken a few laws, not to mention dr.'s deliberately manipulating records and examinations to keep the rating low. Well I got off topic, please oh please, I offer this advice, before you file a claim make sure, be absolutely sure that your SMR has documentation of said injury, in this case a back injury, or disease because it will be hell to service connect and get a fair rating according to regulation and law. IMO/IME, independent record reviews, are fairly expensive.

i have had two and my private medical records blow those exams out of the water. In time, they, the decision makers, will have to face the facts, the evidence, the regulation, and the law.

Obviously changes need to be made. Policies need to be revamped, but accountability is the question. If a lower placed management official had that happen on their watch, what type of consequences would they face. Somethings needs to happen but all in all that will effect everyone one else that is in the system from now on. What I feel for is the needless suffering and pain that these vets were forced to go through their last days. They deserve better than that, we, whoever we happens to be, owe them more than that. Change will be the only thing that will determine the right kind of progress and unfortunately it will never be quick. All I can say is look out for each other, help those in need, and do what is right.

It is unbelievable. I have plenty of hard indisputable evidence as to the damage my injury has caused my back as well. They only reference the world class examination of the c&p doc. It's a joke, but in the end I will be the one with the smirk on my face. Patience and research, a little bit of law dogging and it will work out. Hang in there.

Figured I would get on here and post some updates. I have been out of the hospital for a little over a month and a half and I am doing better with the ITP. Today I was taken off steroids and no more weekly blood draws. Platelet counts today were in the 400k which is fantastic compared to the 2k while hospitalized. Looks like I am in the clear for the moment. As for the cause of this disease it is of unknown cause, hence the name ideopathic, I will be doing my research on it. There is a correlation to vets that have been in the gulf and SW Asia theather, but alas, no concrete proof, other than numbers and a few successes from claimants. Im in the hopes that this snake doesn't rear its head no more, but I will be ready next time if it does.

Awesome, always great to read of success on here. Keep them accountable. Stay in the fight. Congrats again.