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Al1975

Seaman
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About Al1975

  • Rank
    E-2 Recruit
  • Birthday October 5

Profile Information

  • Military Rank
    E4
  • Location
    Las Vegas
  • Interests
    jufern@cox.net

Previous Fields

  • Branch of Service
    U.S.M.C

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See all updates by Al1975

  1. C. Attig has always (back in 2010) recommended the use of a "Sworn Affidavit" as opposed to a Stmt in Support of Claim. If you've read his articles, you see his Legal reasoning, seemed sound to me back in 2010 when I started using the "SA." The DRO at my 06/14 Hearing seemed impressed by the use of the "SA."

    You need to consider the type of VA Claim you have submitted, is it an FDC? If you send in additional (Post Claim Submission) Documents/Evidence, you risk the FDC becoming a Reg A$$ Claim that could take 18+ mos instead of the FDC 4 to 6 mos for a Decision.

    Then again, if you think your initial SC Claim is lacking the needed Evidence for an Award, a Denial Appeal will add 2++ yrs. What does your POA VSR advise you to do?

    Semper Fi

    1. Buck52

      Buck52

      I agree with Gastone...he is right on

    2. Al1975

      Al1975

      Hi Gastone,

      Thank you for the prompt response.  Right now, I'm at 60% (Knee, PTSD, Tinnitus).  

      About three months back, the VA conducted a few tests and indicated  that I have Severe Sleep Apnea.  They prescribed me a CPAP to use at home.  

      20 years I ago, while in the service, I was labeled with mild sleep apnea.  I wasn't given a CPAP and just left it at that because I wouldn't have used one anyways.  

      I just found documents indicating this information two days ago in my attic.   

      On August 14th, I submitted a FDC  for lower back & sleep apnea as a secondary service connected to PTSD.  I dont know whether to ride this out as secondary service connected to ptsd or request for this claim to be changed to service connected.  I think submitting the proof is important and would save everyone a lot of time.  

      A sworn affidavit would be ideal.   The Veterans Law Blog indicates the  VA 21-4138 from is constantly overlooked and holds no weight.   

      The VSO here in Las Vegas is useless.  They are arrogant know-it-alls who seemingly and purposely delay every request that I make.  We are incompatible. I don't want to deal with them anymore.

      Any guidance helps, thank you kindly.  

      Ooh rah

        

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