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Joey Ross
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Posts posted by Joey Ross
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I added my new wife yesterday on benefits, the claim is closed, and she is listed but not on award. Is it now just a waiting game for her to be on award or is there something else I need to do?
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My claim closed on the 27th of May, and my back pay 75k+ showed up in ebenefits the next day but doesn't have a date, and not has hit the bank yet. How long before it hits the bank.
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On 4/19/2021 at 7:06 AM, Buck52 said:
I truly think you got this
BUT REMEMBER YOUR DEALING WITH THE VA
Good Luck ,
100% P&T finally
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Finally 100% P&T for PTSD/MMD. Effective date Feb.15th 2019. Took 14 months for VA to finish a Higher Level Review. Two members of Congress, which did not help. One week after Channel 4 Nashville aired my story about the Nashville VA, my claim was closed. Guess they didn't like being throwed under the bus, but us Veterans are tired of their shit. I want to thank everyone that talked to me over the last year on this site.
- ShrekTheTank and Vync
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2
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Deposits have showed up in payments, but have a n/a, and have not hit the bank. Any guess when it will hit bank account?
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4 minutes ago, Buck52 said:
I truly think you got this
BUT REMEMBER YOUR DEALING WITH THE VA
Good Luck ,
Thanks to everyone that took the time to talk to me about my claim. It's good to know I have fellow Veterans that have my back
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4 minutes ago, Buck52 said:
Yes this is enough Evidence to render a decision I would think, but they failed to develop your claim using the DTA (Duty TO Assist)
Looks as though now they will need to figure out which one to service connect the Depression with mixed anxinety disorders or Service connect the PTSD i would think with the stressor is in tact they would rate you with PTSD..WE CAN ONLY HAVE ONE MENTAL DISORDER and PTSD would be the higher of the two unless they decide the mixed anxiety disorder carries a higher rating ?
They are suppose to give the Veteran the highest rating possible...Now when they send you a decision be sure to check the EED when you first filed they should go back to that date for rerto and start your EED. although you have been diagnosed with two mental disorders only one can be service connected for compensation purposes but you can have a diagnose for the other.
OK wish me luck.
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1 minute ago, Berta said:
Interesting- they said "possible verification of stressor as needed".
Maybe they realised they have enough.
That's why I'm stuck between waiting on VA JSRRC records or having them process with what they have
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10 hours ago, Buck52 said:
Joey Ross
All a HRL Claim is is Basically a REVIEW of your supplemental claim by a Decision Review Officer...and if he can't find any discrepancies or any thing they missed your claim will more than likely be denied again....after a denial in a supplement claim its best to just head straight to the BVA and not waist anymore time from what you been through already its been 2 years since you filed your original claim.
I am not sure how long it takes the BVA to get to your claim or how logged down they are but when they do its more than likely to be approved unless they remand it back to your R.O. and say here fix this Veterans claim. ect,,,ect,,,
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10 hours ago, Buck52 said:
Joey Ross
All a HRL Claim is is Basically a REVIEW of your supplemental claim by a Decision Review Officer...and if he can't find any discrepancies or any thing they missed your claim will more than likely be denied again....after a denial in a supplement claim its best to just head straight to the BVA and not waist anymore time from what you been through already its been 2 years since you filed your original claim.
I am not sure how long it takes the BVA to get to your claim or how logged down they are but when they do its more than likely to be approved unless they remand it back to your R.O. and say here fix this Veterans claim. ect,,,ect,,,
The letter also states they have my service personal records
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8 hours ago, Buck52 said:
Joey Ross
All a HRL Claim is is Basically a REVIEW of your supplemental claim by a Decision Review Officer...and if he can't find any discrepancies or any thing they missed your claim will more than likely be denied again....after a denial in a supplement claim its best to just head straight to the BVA and not waist anymore time from what you been through already its been 2 years since you filed your original claim.
I am not sure how long it takes the BVA to get to your claim or how logged down they are but when they do its more than likely to be approved unless they remand it back to your R.O. and say here fix this Veterans claim. ect,,,ect,,,
When I had call for Higher level review, I was told it looked like when claim was denied that they didn't even look at my treatment records from VA PTSD clinic, and I told her how badly the C&P exam doctor treated me.
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51 minutes ago, Buck52 said:
I can only think that this HLR is a complete review of his SCL claim..and since they never used his evidence for his stressor and his C&P Examiner mention his stressor IN HIS/HER REPORT was he in fear for his life and was in a hostile war zone and the stress he was under recovering ''decoy mind fields) I AM SURE HE SENT THIS IN WITH HIS SUPPLEMENTAL CLAIM? I hope...
NOT SURE WHY HE WAS DENIED? OTHER THAN THEY MENTION THEY COULD NOT FIND HIS RECORDS BUT HE WROTE OUT HIS STATEMENT OF CLAIM IN DETAIL FROM THE ABOVE MENTIONED >>I WOULD THINK ANYWAY?
I hope the DRO can read this and approve his claim with that said I have not read his denial reason?
or VA CUE THREMSELFS,, If they did not read his evidence and it will change the outcome of his claim Hopefully the DRO can find it. and approve his claim back to Feb 19 /2019
Ms BERTA IS CORRECT WE CAN'T SUBMIT NEW OR RELEVANT EVIDENCE IN THE HRL.
I had a bad C&P from private doctor contracted by VA that was reported by a few veterans
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3 hours ago, Berta said:
This thread seems to involve a HLR ( Higher Level Review)- maybe I am wrong because I dont understand some of the advice here.
This statement is on the back of the 20--995
https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf
"IMPORTANT: Please read the information below carefully to help you complete this form quickly and accurately. Some
parts of the form also contain notes or specific instructions for completing that part.
Use this form to request a HIGHER-LEVEL REVIEW of the decision you received. A HIGHER-LEVEL REVIEW is a
new review of an issue(s) previously decided by the Department of Veterans Affairs (VA) based on the evidence of record at
the time VA issued notice of the prior decision. The higher-level reviewer WILL NOT consider any evidence received after
the notification date of the prior decision. This form must be submitted to VA within one year of the date VA provided notice
of our decision. For additional information on the HIGHER-LEVEL REVIEW process or a list of review options that allow VA
to consider new evidence and how to file, visit https://www.va.gov/decision-reviews/."Hopefully this is evidence the VA has had, probably since a Supplemental claim was filed?
If not can someone explain to me how this evidence is to get into the record now, because this is a higher level review-and per the VA , no new evidence will be accepted by the HRL.
That's what gets me. I can't give new evidence but VA can request more.
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37 minutes ago, Buck52 said:
Yes and show them the regulation on the stressor criteria from July 2010
Read CFR 38 3.304 (f) make copy send in as your evidence for your stressor
The Department of Veterans Affairs (VA) is amending its adjudication regulations governing service connection for posttraumatic stress disorder (PTSD) by liberalizing in some cases the evidentiary standard for establishing the required in-service stressor. This amendment eliminates the requirement for corroborating that the claimed in-service stressor occurred if a stressor claimed by a veteran is related to the veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and that the veteran's symptoms are related to the claimed stressor, provided that the claimed stressor is consistent with the places, types, and circumstances of the veteran's service.
This amendment takes into consideration the current scientific research studies relating PTSD to exposure to hostile military and terrorist actions. The amendment acknowledges the inherently stressful nature of the places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. With this amendment, the evidentiary standard of establishing an in-service stressor will be reduced in these cases. The amendment will facilitate the timely processing of PTSD claims by simplifying the development and research procedures that apply to these claims.
DATES:
Effective Date: This final rule is effective July 12, 2010.
Applicability Date: This final rule applies to an application for service connection.
Thank you
30 minutes ago, Buck52 said:Joey Ross,
I think I remember reading a post you made some times back maybe 3/5 months back
Was you denied and this is Appealed by you or your VSO?
OR IS THIS YOUR FIRSST TIME CLAIM for PTSD and your still waiting on a decision? due to they can't find your records to prove your stressor?
How long as your claim been under prosecution? or waiting for more information?
It maybe that the covid 19 has slowed these claims down and people working from home ect,,,ect,,, and just have not got back to your claim just yet?
I realize this coronavirus has slowed down everything especially the process of Veterans claims.
denied Feb 2020 HLR started may, origional claim date Feb 2019
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3 minutes ago, Buck52 said:
Stressor Related to Fear of Hostile Military or Terrorist Activity
Note* your C&P Examiner did this.
''In July 2010, the VA changed the rules to make it easier for veterans to establish an in-service stressor by eliminating the requirement for corroborating evidence. This applies to cases where a VA psychiatrist/psychologist has diagnosed PTSD and the stressor “is related to the veteran’s fear of hostile military or terrorist activity.” The VA did this because they recognized that there is scientific research relating PTSD to exposure to the inherently stressful nature of places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing. The studies showed that veterans had mental and physical health effects from stressors related to deployment to a war zone even though they did not personally participate in combat.
''Here is what you will need to qualify for this:''
- ''Your stressor is related to your fear of hostile military or terrorist activity (we will talk about what this means below)
- A VA psychiatrist or psychologist, or a psychiatrist/psychologist that is contracted by the VA''
- They need to confirm that your stressor is adequate to support a diagnosis of PTSD
- They need to confirm that your symptoms are related to the claimed stressor
- The stressor has to be consistent with the places, types, and circumstances of your service
- There should be no clear and convincing evidence to the contrary
If you meet these requirements, then your lay testimony or statement, alone may establish the occurrence of your in-service stressor.
Fear of hostile military or terrorist activity means:
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You experienced, witnessed, or were confronted with an event or circumstance that involved
- actual or threatened death or serious injury, or
- a threat to your physical integrity or someone else’s, and
- Your response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror.
Some examples would be the threat of an actual or potential improvised explosive device; a vehicle-embedded explosive device; incoming artillery; rocket or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft.
The regulation applies to all veterans who experienced “fear of hostile military or terrorist activity” regardless of where they were when they experienced this fear. It applies to veterans who served in Iraq, Afghanistan, and any other veteran who served during any period of time in any location, they don’t have to have served in a combat zone. What “fear of hostile military or terrorist activity” doesn’t include is sexual assault or hostile criminal actions of US military personnel directed against other US military personnel.
This regulation only applies to claims that were received after July 13, 2010, or were pending at that time. If the claim that led to the award of service connection for PTSD was pending on July 13, 2010, then the benefits that are awarded are given an effective date of the date the claim was received, even if it was before July 13, 2010. But claims that were denied before July 13, 2010, will not be reopened or readjudicated without new and material evidence to reopen it. The VA, however, will accept a veteran’s statement regarding an in-service stressor as new and material evidence for the purpose of reopening a previously denied claim, if the veteran’s records show service in a location involving exposure to hostile military or terrorist activity.''
This regulation should help.
So should I ask VA to process my claim with what they have? The have my military personal file also
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9 minutes ago, Joey Ross said:
I'm the first guy in second picture
Kurd protest.pdf 303.79 kB · 2 downloads Blue Falcons Strike Iraq 1991.pdf 11.89 MB · 1 download
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12 minutes ago, Joey Ross said:
The protest was on July 13th 1991 in Northern Iraq on bridge at Turkish border. They have pics of my at the stressor, plus book of my unit in Northern Iraq. They have news paper stories of the stressor I upload from Stars and stripes
By 2010 PTSD rules they should not even need to confirm stressor
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2 minutes ago, Joey Ross said:
I'm the first guy in second picture
Kurd protest.pdf 303.79 kB · 0 downloads Blue Falcons Strike Iraq 1991.pdf 11.89 MB · 0 downloads
What more could they possible need. It blows my mind
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4 minutes ago, Joey Ross said:
The protest was on July 13th 1991 in Northern Iraq on bridge at Turkish border. They have pics of my at the stressor, plus book of my unit in Northern Iraq. They have news paper stories of the stressor I upload from Stars and stripes
I'm the first guy in second picture
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3 hours ago, Buck52 said:
I would think after reading your C&P REPORT that would be enough and it looks to me like you should get a 100% PTSD Rating although you have a MDD We can only have or be rated for one MH condition but you can still have a diagnosis for the other.
If they need the stressor where you and your unit was checking out the mind fields and ended up being dummies that maybe in your unit morning reports also defending the perimeter from the Kurds that should also be in your unit morning reports, if you have a buddy that was with you back then and you can get in touch ask him if he has any records from back then with y'all unit and locations that you endured.
if you have any recollection of the locations and dates within 10 days of what you describe to the C&P Examiner , you can use your lay statement by saying what the country side looked like what time of the year was it? was it Christmas Time? Easter, your birthday...name any special day or date that helps you remember, name your company commander , officer in charge, ect,,ect,,, name some of your buddies that was with you during this time, if you remember the name or names of some of the special operations you were ordered to be ,>>in name those too. they will check this all out and if found to be true and of merit they can use this to help make a decision. on your stressor.
In my opinion if they check this all out and found to be of merit you should be rated 100% for your PTSD.
KEEP GOING TO TREATMENT ASK ABOUT BREATHING TREATMENTS IT HELPS MY PTSD AND MY DOG IS A GREAT HELP ITS COMFORTING FOR ME.
i WISH YOU THE BEST OUTCOME HANG IN THERE. <<< (NO PUN INTENDED)
The protest was on July 13th 1991 in Northern Iraq on bridge at Turkish border. They have pics of my at the stressor, plus book of my unit in Northern Iraq. They have news paper stories of the stressor I upload from Stars and stripes
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4 hours ago, GBArmy said:
Joey Sorry but I don't know anything that you want to hear. Seems your choices are 1) continue to wait, 2)tell them to proceed with what they have 3)submit an IRIS inquiry and see if they will provide more info as to what they are looking for, or 4) ask a VSO or lawyer to look in VBMS and see if there is info there as to why. Not very time efficient or likely good options to be sure. I personally would not do #2; possibly #3 is what I'd try next myself.Maybe others have a better alternative.
I'm waiting on a IRIS inquiry as of Tuesday this week
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1 hour ago, Berta said:
The VA is awaiting a confirmation of the stressor (s) you listed with your claim
As the letter in your post says. they are backlogged due to COVID- every VA department has been affected, as well as JSRRC.
I assume you were a paratrooper.
Have you gone to any of the multiple web sites that might provide access to someone who served with you?
Have you attempted to find anyone who would prepare a Buddy statement to prove your stressor?
I hope all VSO are telling their claimants to do all they can themslves, to verify stressors, as JSRRC is
backlogged due to COVID.
The VA will concede a combat stressor if the veteran has the CIB or CAR on their DD 214 or has a combat MOS.
Others have to prove the stressor occurred.
https://community.hadit.com/topic/83013-buddy-statements-2020/#comment-501500
There are countless ways to find an inservice Buddy- the best bet is to Google your Unit-as many units have reunion rosters with email contact info or a "lookin' for" area.
Also Military.com, TWS, and other sites have helped veterans find a buddy- two buddies are even better than one.
I found a Buddy for a veteran here in mere seconds years ago-the veteran only had his name, and the fact that he was a Chaplain in his unit.
Facebook also might help. I dont do Facebook so I am not sure.
You might able to search for members of your unit there.
They have pictures of my at the stressor, plus my awards, and my MOS 11B1P, plus I was in combat zone
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10 minutes ago, GBArmy said:
Joey I'm a little confused as to what you are asking. At HLR you can't submit any NEW evidence, just what was considered with the original claim that was denied or now being appealed. What is the VA waiting for in of records; it should already be in your file and the basis for your original claim?
LOL, I'm confused about it to, I known when HLR finds errors it is sent back and goes back to supplemental claim lane. I'll send you what VBA is saying about it after Congressional inquiry and White House Vet line
11 minutes ago, GBArmy said:Joey I'm a little confused as to what you are asking. At HLR you can't submit any NEW evidence, just what was considered with the original claim that was denied or now being appealed. What is the VA waiting for in of records; it should already be in your file and the basis for your original claim?
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OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.
Dependent not on award
in VA.gov Questions (formerly E-Benefits)
Posted
Thank you