stillhere

I can understand your hate for the Army back then and what you had to go through but I would question how you think of the VA The VA is not the Army as is totally different in regards to how they care for vets. The Army could care less about you and your case and quite frankly probably would like it if you would just go away. In order to get an answer on your rights and if you were denied them, that question is more than likely going to need a lawyer and see what he says, and you and them would deal with the Army. As far as a claim for benefits that is where the VA will step in and while they do not require a video of everyday while we served. They will/do require proper paper work to be approved for veterans Benefits. I.E. dd-214 with a discharge classification and a diagnosis of a compensated disease and the connection to your service. That is it. Do they make us jump through hoops in a way but papers don't lie and if you have them and can proof your point. Then just like Josephine you WILL be awarded your deserved benefits. You have gotten some good advice here and I would be surprised if you follow it you will not be awarded. By the way when did you contact a VSO and he said he could not help you?? Good luck to you!

He Is another one of the twerps in congress that served and then want to stick it to the vets he left behind. This is truly sad and does nothing again to bring together the Vietnam vets. I am totally disgusted with hime and his attitude toward vets and VA. If he wants to run the damn VA he should resign and put in for the job. I got kicked off another VA loving board because I went off on webb so will not let it get the best of me here. But I live in Virginia and you all can rest assured I will be working for whoever runs against him in 2012! To bad he is not up this year. Not sure how much good it will do because of the thousands of military and vets that live in the state and work the Vietnam vet group is small. He is like any other politians and goes with the group that can give hime the most votes. On Nov. 2 of this year the people will be voting on giving retired disabled veterans state benefits that many states already offer, like tax exemptions and other stuff will be interesting to see how that goes. Anyhow sorry to be so long but I don't care for anyone who ties to stick it to a vet and exspecially a Vietnam vet to another. Happy 4th!!

John. The BVA case I posted the link to is a very good representation of what he is going to have to go through and shows all the regs in one document. The actual case that was denied is of course different per se in occurrences but each and every law he is going to have to address again is there. That was the only reason that case was posted. I still thing as Berta and a few others posted he is going to have to get the dd-214 changed and must have the documentation of the MST and last but not least a diagnosis from a shrink and a nexus.

Landend, Take a read of this particular BVA case it is very similar to yours and you should be able to glean from this what you are going to need to win yours. http://www4.va.gov/vetapp09/files2/0916076.txt

I have PTSD and shutter at the thought of having everything prepared!! I have trouble remembering what I am doing when I am doing it? Being prepared and getting things prepared is what has cost me my job and makes my bill paying late and just about everything. I guess I am boder line incompendent.

You can go online an file but I am not sure what you are going to file for? Depression, PTSD or what? If you were assulated as you say it should be in your records. Do you currently have a dx for anything? Are you under treatment? If so will your doc say your condition started in the military? What were you awarded SSDI for in 2002? Is it related to your service condition you want to get comped for? Usually on sites like this we direct veterans to use a VSO but in your case the VSO you spoke to sounds like they don't believe either you are a veteran or they are not very sure of what to do. Gives us some more info and we will try and help.

With a dx of Personality disorder you really don't have much of a chance. I don't see how in your case but I would usually tell a vet to try and get the information on their dd=214 changed. You might try and file a claim by yourself but for what? I like the VA will proberly do is ask what have you been doing for 38 years? I would also question why you feel you are entilted for veterans benefits?

Very happy for your award! Hope your husband can get better and thank him, for his service!

T-Bird I suffer from PTSD and use the VA health care for most of my medical and I am scared shitless. I had dental (tooth pulled in March) and I am freaking out over the last few days. While I am not in the area were this went wrong "this time" I am just seeing vets getting pretty damn fed up with the VA health care system! Now that they have many vets coming to them and exspanding and doing more things than they should not be doing they are going to have the opportunity to kill more of us and reduce the pay outs more!! This is total BS! I can only imagine what is next on their agenda???

I hope he is going to have his check up at a private cardiologist. Then all of this can be looked at he will be able to get a professional opinion. I do not not trust the VA to police any gov't agency over medical decisions. I have my reasons and they too are heart related and almost killed me. Pay for an outside private evaluation and protect your self!

Well they are quicker than having to wait for a BVA law judge to come around to your RO and is the main reason for them. I live close to Washington so going to the BVA for a hearing does not cost me much but others it would. The video conference usually gives you the best of both worlds low cost and you do get to plead your case some what in person. There are also the hearings that are set up at the ROs for these traveling judges but as you can imagine they are pretty booked up. There the vet will get to plead directly to the judge their case.

That is my concern right now? If it is going on in one dental office at the VA who's to say it is being done at others?? I think anyone that has had any work done with the dental office in a VA hospital should be checked.

Might be hard to change but he can sure try. In this case his being honest is biting him in the butt. Not to say we should not be honest when dealing with the VA or anyone when being asked for our history. But we should all remember that anything and everything that is said at a VA meeting is usually written down.

OK if your award letter was just recieved in June 2010 you have one year from the date on the letter to file an NOD. Your claim in 2006 that you did not appeal has become final and you will need to file to have this one reopend. With your being granted 100% for PTSD that should not be a problem. Just send the VA a letter saying you want to have it reopend based on the award you just got. Quick question do you have a VSO helping you with all this? You really should you know. Good luck!

The time has past (1 year) for a NOD of the 2006 denial. You are going to have to file to have the claim reopened and have evidence that is new and material. You might be able to file for an earlier effective date using the June 2009 100% award as the evidence. I think you are going to need either a IMO that says you more than likely had PTSD in 2006 to win. Or the same nexus from a VA doc. You are going to have to proof that the VA erred in not granting PTSD in 06. In 2009 when they granted PTSD at 100% what did the decision say caused it? By the way if the 2009 PTSD was granted in June you are running out of time there too.

Also remember they will look at everything in your folder when you appeal. If you feel save with that and your % is justified then yes you could ask for an EED. Whether you get it or not will be based on when the feel your PTSD became compensated. I would go back to the denial and post what that says and get some advice.

Berta, I was talking about the new admendments below that Dean has posted in the IU forum: 2. Amendment to 38 U.S.C. § 5121(a) (VA law makes clear that a veterans’ pending disability claim terminates upon the veteran’s death. However, a survivor of the veteran (such as a surviving spouse, child, or parent) may file a so-called “accrued benefits” claims. In this action, the survivor continues the veteran’s disability claim under the survivor’s name, typically arguing the same theories and relying upon the same evidence. Until recently, 38 U.S.C. § 5121(a) provided a two-year maximum cap on the amount of accrued benefits which could be recovered. The recent amendment to § 5121(a) removes this two-year limitation. Now, a survivor can receive the full measure of retroactive, unpaid accrued benefits, if he or she prevails in the survivor claim. Practice Note: Be advised that the amendment was not made retroactive, and thus only applies to survivor claims in which the veteran died on or after December 16, 2003, the date of the enactment of the amendment.

Did you know that accrued benefits are now being passed done to family members? Spouse,daughters/sons and even parents in some situations. Your claim is in and sounds like your attitude is set right for your last battle! Many here on this site agree that VA does not do enough and delays claims waiting for vets to die and love to deny to reach that goal. It is sad to say but VA is just another one of those gov agencies that have lost there way. Most of it is caused by money if not all. Like you I was 80% for 5 years and never received a form for IU and even when last years I went to 90% did not get one. I am just now claiming IU and have told my wife and son what to do if something happens to me. My main SC are DM2/heart disease/and PTSD I just hope I don't get hit by a truck! Anyhow take care of yourself and stay the course for the battle I am sure you will eventually win!

I just don't get these guys that all of a sudden want to be Vietnam Vets? Is it vogue now to say you served in Vietnam? I myself tell only a very few that I served and don't like talking about it at all. I do like talking to the young troops now that come back and I meet at the legion hall. The majority of them really have their stuff together and are fighting for a noble cause. To these wannabbes most of us can sniff you out in your first couple of sentences!

That is a little out of the norm. I had the hearing test and then had to have a ENT approval before I could even get my hearing aids. Did they give you hearing aids? Sometimes I have heard if you our not a cadidate for aides they do the ENT to see if there is any problem.

At the VAMC I go to you just need to go to the info counter and ask which room they give the exam go there and fill out all the paper work. If they find something that you can be compensated for they even fill out the paper work and send it in. Good luck to you and thank you for your service!

I agree with Pete find the vet center nearest you and either do the group treatment or the one on one. As far as the rating if you want higher ratings treatments will help for that too. The social worker will help you along and get you situated. You say you did not get a chance to debrief take that chance now and work on this! letting it go and trying to do it on your own IS NOT THE ANSWER I know it took me years. Also if you will not take advice from us old vets, I understand. Go to the forum on this site for Gulf war vets and browse around. You are reaching out and that is a very good sign! I did not until years later and don't have much to show for it now. DO NOT DO as I did! Good Luck!

Not having been on AD for years (40) I would suggest you check around base for an office that helps with filing for VA disabilities before you get out. I believe there is a popular program called BDD or something like that for just that point. Sorry they are treating you so rough but that kinda comes with mental reaction from folks that don't know. I just this afternoon told my wife I had to get back home and finish my SSDI claim and said I was just having a real hard time trying to work. Her response to me "well others are doing OK" I bit my tongue but she is not being very supportive since I was DXed with PTSD. Find the office to file and I would also suggest you put in for a mental exam while you are still in. Get a full copy of your SMR's and keep it safe. Good luck to you!

Below is the link for the Florida tax exemption. I see no where it says must be combat. http://www.floridavets.org/benefits/hmsted.asp

I would suggest that yes you are combat because you flew missions in a combat area. You should be able to call the 800# and get the letter you need. Are you rated at 100% now?