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majrrich

Second Class Petty Officers
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Everything posted by majrrich

  1. i had a VSO who let me down. I took control of my claim by researching hadit and other sites. also the VA.gov site has a lot of information. I managed to get 80% plus IU without the help of any organization. Just pay attention to the requirements thae VA sets whether good or bad if you follow what the VA wandts you have a better chance. Remember No one cares about your claim more than you do Keep copies of everything and if you have to mail use return receipt requested and pay atttention to the time requirements Good Luck Rich
  2. Thank you VERY Much, My son-in-law has helped with my claim I will give him this info and he will research it. Sounds like its worht a try thanks to all
  3. Thanks for the Advice. I was not aware that the diagnosis from the VA Dr. could be the informal claim. If that is the Case. I was diagnosed in July 2006 by a VA dr. and a Pvt Dr. So if I understand you I can send a NOD citing the date I saw the VA Dr. and was diagnosed as an informal claim and then the date the VA received my formal claim Jan 2007. I have all the VA Medical Records I will start tonight Thanks to all my VSO says he cant tell me anything because I no longer have a POA.
  4. Here is the Problem. Filed Claim Aug 2006 with AL. My name was spelled wrong on the Stressor (Bronze Star). He said I needed to get it corrected. I informed him I had a corrected copy I faxed it to him. I had it corrrected in 1969 2 years after I left the service. After that I was una ble to either reach him or get an answer from him. When I fired him I had them send all my paperwork. My orginial claim from was never date stamped by the VA only one stamp American Legion Aug 2006. There is no doubt the AL dropped the ball and I was too naive to act quickly enough as I said; once I took charge and sent the paperwork myself I managed to get my SC'D back to the date that I sent the claim not when the AL was supposed too The VA is not at fault here to this date the AL has never responded to my requests as to why they never submitted it. I filled out a statement requesting to open a claim
  5. At the time I was listening to my VSO. I submitted stressor to him, Bronze Star, MY name was not spelled correctly he wanted me to submit a form 149 to correct it. which I already did in 1969. I gave him the corrected orders He just kept putting me off. I did not know any better My first reply from IRIS was that there is no record of a claim but that does not mean it wasnt submitted just maybe it wasnt recorded yet I never submitted a claim before and wasnt sure what to do. I started to view Hadit and got some advice from the members here I then took charge of my claim fired the VSO and kept on submitting my staments and records and managed to get 80% plus IU back to Jan 2007. Without the help of a VSO. I would just like to get a EED to when I orginally went to the VSO and filed my claim
  6. When I was denined I went to small claims court they would not take the claim because they said I had only 60 days from the date of the incident. which they said was 2006 . I dont think a there is enough money involved for a lawyer but I guess I can check it out. I still want to get the VA to agree that the emails constitute a informal claim Thanks
  7. I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO. My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim. I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date Thanks
  8. Hi all, I would like some opinions on the following situation. I put a request in for IU inOct 2008 and eariler EED. Called my DAV Rep in Jan 2009 was told a favorable decision was for IU was made and EED was denied on Dec 8, 2008, I contacted the VA via IRIS in Jan was told a decision has been made and I should hear in thirty days. Contacted VA Via IRIS in Feb was informed the authorizer needed more info and sent it back to the RO called my Rep last week and told it was at the authorizer, Any thoughts on what is happening. Thanks, Rich
  9. You said he decreased your GAF. The lower the score the more severe your problems are. I am rated 70% GAF between 43 and 49 during various CPS and Psyc visits
  10. The VA has a point . I sent the same info twice certified return receipt, (which I have signed by the VA). They still dont have it and I have to resubmit it. This time I took the Train to NYC and personally had it date stamped,.. What I am trying to say they can loose the evidence either registered mail or regular mail. You will still have to resubmit it for your claim. If you have a rep have them deliver it to the VARO they are usually in the same building or if possible deliver it yourself. Sorry you are being treated this way and good luck Rich
  11. Berta I was self employed independent contractor. installing signs. I had only one client Century 21. He wrote a letter stating the reasons he no longer needed my services. i.e. unreliable, argumentive, did not install signs correctly bascially said I was no longer able to work etc. I stopped working in 2005. I filled out the 21-4192 myself It was never full time work approx 18hrs a week made approx $400 to $800 a month.
  12. This is a copy of the NOD that I prepared. Denied IU Please accept this Statement as my Notice of Disagreement (NOD) with your decision which denied my claim for increased compensation due to Unemployability dated Jul 8, 2008 I am requesting a DRO review of your denial. i disagree with your decision for the following reason: You stated in your lasrt paragraph"Our letter to you dated Jan 9,2008 requested that you complete and return VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability) to date, we have not received it. Therefore, we have denied your claim as the information requested was crucial to our decision." The first time I sensdt Form VA 21-8940 was on July 9, 2007 it was received at the VARO on Jukly 11,2007. I have enclosed a copy of the return receipt from the USPS signed by -----Dated Hyly 11,2007 The second time I sent VA Form 21-8940 was after I received your letter dated Jan 9, 2008. I have enclosed a copy of the return receipt from the USPS signed by-----dated Jan 31,2008. I do realize that at times items get lost. So I will re-submit my evidence to support my claim which was never considered including a NEW VA Form 21-8940. Since it appears the reason for denial was the absence of the VA Form 21-8940. I hope that once you have the required information you will reach a favorable decision for my request for Increased Compensation due to Unemployability. I have enclosed the following New and Material Evidence for your consideration 1. VA Form 21-8940 with statements attached 2. VA Form 21-4192 3. letter from ------ my former customer 4.Declaration from Wife 5. Letter from ------ L.C.C.W.,B.C.D. and Dr. -----M.D. 6 Copy of return receipt dated July 7, 2007 7Copy of reurn receipt dated Jan 31, 2008 What do you think?? does it sound OK Thanks Rich
  13. I just re read box12 My last full time job was 1987. I have not held a full time job since. Ptsd did not cause me to loose a part time business unit 2005. Maybe I should attach a statement???
  14. I am preparing a NEW 21-8940 since the VA claims they never received one. If any one can answer these questions or direct me to a web site it is appreciated 1. Box # 12 Date your disability affected FULL TIME Employment: I Have not had a full time job since 1987. My disability became unmanagble in 2004 when I had a small Part time Company that I closed in 2005 2 Box 13 Date you last worked Full- Time Do I put 1987 or when I finally lost my part time busainess in 2005. 3. The business was mostly cash and Never netted more that $400 a year so it wasnt reported thanks again Rich
  15. Thanks foer the advice I am working on the NOD now. I have some questions maybe someone can advise me I am preparing a new 21-8940 since they claim they never received one. 1. on Form 21-8940 Line 12,13,and14. It asked about full time work. My last job was as a self employed sign maker and insaller never making more than 600 a month and worked about 18 hour a week. How do you recommend I answer those boxes? 2. I sold items on Ebay making about 400 a month should I add that under line 16 3rd. as a self employed indenpendent contracter do I fill out the 21-4192 myself? My customner wont fill it out but he gave me apretty good letter in why I was no longer hired to install his signs.. any advice is appreciated and needed Rich
  16. Thanks for the advice after reading the decision again. Their comments are all in line with the reasons I should get IU. Except they say I never sent the 21-8940. which I did. When I do the NOD should I request a hearing or just re send all the paper work thanks Rich
  17. I received a denial of IU. Reasons stated You are capable of gainful employment (38 CFR 4.16) It then rattles on about my evidence Last para. States I never sent in a form 21-8940 therefoe we have denied your claim as the information we requested was crucial to our decision. Bottom line I sent in the form as requested with 5 other encloseres that were not referenced to in their decision 2 weeks after they asked for it. I have a registered postal receipt signed by them accepting my documentation. Question should I politely send in a NOD and say the forms and documentation must have ACCIDENTLY been misplaced and resend all docuementaion to include the Postal receipt. Also I am not so good with this computer can someone tell me how to find 38 CFR 4.16 Thanks in advance Rich
  18. Let me get this . You are saying that if the records were previously sent to the VA that the National Records center wont have them. Sooo if the VA is requesting them they dont have them either How could it be possible that I received a rating of 70% PTSD and 20% DMII from the VA and they dont have my military records???? This is insane!!!!
  19. Anyone know why they are contacting the NPRC now. Put in for IU July 2007 responeded to the duty to assist letter Jan 2008. Today after calling the 800 # the operator said on May 30 they sent a request to the National Personnel records Center for my Records. I have been 70% PTSD since Feb 2007 and 20% DMII. Any information would be helpful
  20. Thank you Ricky. Thats exactly what I thought. All we can do is ry our best Thanks to everyone for their advice
  21. No special forces. He spoke Vietnamise and worked with a group of Vietnamise Soliders. He received lists of suspected VC and approved who they were supposed to capture. He was with them on numerous occasions where the person was executed and not taken into custody. He feels he basically selected people to be executed. He is currently getting all the evidence he can to support his increase for PTSD Thanks again for all the responses
  22. He gets SS Diability for the Cancer he had. He was laid off from his job because of his Cancer and has some type of Lawsuit against his former employer. I dont see how he can get IU.... His former employer will say he was laid off because of Cancer not PTSD symptoms I dont think that that will help for IU We will submit all the evidence and docuements we have. But I suspect the VA will blame his symptons on Cancer not PTSD Well just have the usual long wait to see thanks for all the responses
  23. He had a type of Colon Cancer not on the list , He was treated at the VA and has a statement from a VA Dr. saying the cancer MAY BE related to agent orange. He was a officer involed with the Phoneix Project in VN and is really having a hard time with what happened and any current war crimes trials. Was barely able to talk to me about his assignment. We are getting whatever information we can on his duties and will send a statement as to his current problems with PTSD. Hopefully they will look into the Phoneix Progam and realize what a difficult time he is having coming to terms with what he was apart of. He is in remission with the Cancer so that is good news
  24. Morning all, My question is: I have a friend who is currently 30%PTSD and 20% for gunshot and shrapel wounds from VN. His VA Psyc told him to put in for an increase for PTSD. He wrote a letter to the VA asking for a increase. He told them his symptoms increased because of a NON SERVICE CONNECTED Cancer he had ?. Cancer NOT connected with AO Did he make a mistake by using this cancer for an increase. If so any advice would be appreciated Thanks
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