tdiu My Advice... Finally Rated 100%

[Guest JACKNCOKE]

I already know we had preference, and it was settled "fast" because I took action... I didnt just sit and wait and hope...I called my state congress rep and told them Bullshit!!!! (I assume you didnt sit on your ass either, because If I was in your situation, I'd be holding press conferences...) Maybe my post should be restructured to say for OIF/OEF vets.... But bottom line, is it right we get a preference? NO.... Is it necessary to bitch about it? YES... Is it gonna change a damn thing? Hell NO

[jecsb4]

i HATE TO BURST THE BUBBLE YOUR RIDING IN BUT YOU GOT PREFERENCE OVER OTHER VETS BECAUSE OF YOUR OIF STATUS..................THE PROOF IS HERE http://www.betrayedveteran.com/seg.html READ THE VA LETTERS FROM or better yet I will provide excerpts for you

As early as March 26, 2003 The Department of Veterans Affairs has been segregating veterans

and giving preferential treatment to Operation Enduring Freedom & Operation Iraqi Freedom veterans over all other veterans. On March 26, 2003 the Director of the Department of Veterans Affairs signed VBA Letter 20-03-11 which can be found on the Internet at http://www.warms.vba.va.gov/20letters.html under the 2003 section just scroll down and look for letter VBA Letter 20-03-11 or down load it here in word format. The letter states preferential (they use the word priority) treatment has been given in the areas of :

A Services to Military Personnel Disabled during Operation Enduring Freedom/Operation Iraqi Freedom

B Compensation Claims Processing Procedures

C Education Procedures

D Loan Guaranty Procedures

E Vocational Rehabilitation & Employment Procedures

F Insurance Procedures

G Debt Collection Procedures

The letter is to All VA Regional Offices and Centers SUBJ: Operation Enduring Freedom & Operation Iraqi Freedom SUBJ: Operation Enduring Freedom & Operation Iraqi Freedom This letter provides outreach and processing procedures for claims submitted as a result of Operation Enduring Freedom and Operation Iraqi Freedom. Included are instructions for: Obtaining benefits claims from service members, veterans, and survivors. Physically and electronically identifying pending and completed Operation Enduring Freedom and Operation Iraqi Freedom disability claims. Managing and adjudicating disability and death claims. Providing additional benefits and services as required. The entire letter can be down loaded and read, it is twenty-one pages long.

From the front page of the letter.

Definition "For the purposes of this letter, an Operation Enduring Freedom or Operation Iraqi Freedom casualty is a disability or death occurring as a result of participation in military activities supporting these operations. Military personnel include active duty, Selected Reserve, and National Guardpersonnel. The injury or death does not necessarily have to be combat-related; it can involve support duty in these operations. If in doubt, treat the claim as an Operation Enduring Freedom/Operation Iraqi Freedom casualty."

Segregating Veterans Part 2

On September 23, 2003 the Director of the Department of Veterans Affairs signed VBA Letter 20-03-36 which can be found on the internet at http://www.warms.vba.va.gov/20letters.html under the 2003 section just scroll down and look for letter VBA Letter 20-03-36 or down load it here in word format it is 29 pages long.

The following is the start of the letter:

" Director (00) All VA Regional Offices and Centers SUBJ: Operation Enduring Freedom & Operation Iraqi Freedom Purpose This letter provides information and instructions for outreach and claims processing procedures for casualties resulting from Operations Enduring Freedom and Iraqi Freedom (OEF/OIF). VBA Letter 20-03-11 dated March 26, 2003, provided initial information on processing claims from OEF/OIF service members and veterans. Since the letter was issued, the need to manage the cases of seriously disabled service members and veterans has become more apparent. VBA and VHA have developed case management procedures to provide seriously disabled (wounded, injured or ill) service members with a seamless transition to veteran status. VBA Letter 20-03-11 is rescinded and replaced by this letter."

Segregating Veterans Part 3

March 8, 2005 the Director of the Department of Veterans Affairs signed VBA Letter 20-05-14 which can be found on the Internet at http://www.warms.vba.va.gov/20letters.html under the 2005 section just scroll down and look for letter VBA Letter 20-05-14 or down load it here in word format.

The following is the start of the letter:

" Director (00) All VA Regional Offices SUBJ: Operation Enduring Freedom & Operation Iraqi Freedom Purpose This letter provides updated information and instructions for outreach and claims processing procedures for casualties resulting from Operations Enduring Freedom and Iraqi Freedom (OEF/OIF). VBA Letter 20-03-36, dated September 23, 2003, provided information on outreach, coordination, and claims processing for OEF/OIF service members and veterans. Since the letter was issued, the need to clarify and provide more detailed information on the management of cases of seriously disabled service members and veterans has become more apparent. VBA Letter 20-03-36 is rescinded and replaced by this letter."

and it still goes on today with more and more changes for the OEF/OIF guys and girls, they are vets just like the rest of us, but they deserve no more than the rest of us B)

While you got your 100% in 15 months it took me over three years to get the a$$h01es to read my claim and SMR which is over 600 pages long and documenting everything under the sun.

I'm not picking on you, or demeaning you, just stating the facts of why you got your claim settled so fast, and I dont think you qualify to give advice on claims

this guy has been trying for 13 years

Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

Betrayed,

I agree that is occurining. I was mobed (reservist) twice 03, 04 and my

claim(s) initally took 15 months by the "TIGER TEAM". WereI am at now, I feel I am going to do a FOrm 9 and NOD but overall 3 years for me. Seesm fast, espically when I read about VV still fighting.

I believe in first in first out with exceptions to special cases.

[RockyA1911]

JACKNCOKE WROTE As far as Psych goes, do you have PTSD???... I do, and it's rated at 60%....

There is no such thing as 60% PTSD. It goes from 0%, 10%, 30%, 50%, 70%, and 100%. No 60% rating at all in 38CFR4.

[Stretch]

While the Viet Nam war was unpopular, the current wars are under more scrutiny than prior wars. Viet Nam Vets have made these new wars and treatment of Vets come into focus, Popular so to speak. These Popular wars have come into focus as a demand and not a choice of our government. This is what the Viet Nam Veteran did, for newer Vets, that the WW2 Vets did not for Viet Nam Vets.

Just because current war vets are blowing their own horns does not mean that what VN Veterans have done does not deserve the credit. In this manor newer Vets are Clueless.

Weren't we Clueless when we were ripped off in the 1970's? It is ironic that there is a reverse situation from when we got out.

This is what we are fighting for. We are fighting so that no Vet has to go through this VA jungle.

This is the reason that DOLE and Shalala, just don't measure up to VN Veterans. This is not to demean Dole, but is meant to demean the mind set of the WW2 Vet. The Poor Korean Veterans, who did not have the numbers, are finally being helped.

[trubluesue]

wow, hope that everyone has blown off some steam...

You all sound like you know so much more than I do about this whole process...would any of you mind my asking for your guidance? I was hoping to have my dad, A Vietnam Vet, help me out, but PTSD and alcoholism left untreated for 40 years led him to eat his gun.

Here's my situation in a nutshell...was SC 40% in 2000 when I got out of the Army...was called back to service to go to Iraq in 2003 and got out 8/2005. Have been diagnosed with PTSD and depression, anxiety, sleeplessness, bad dreams, etc, by the VA. Just received the paperwork to add the PTSD to my claim. Also have had two more surgeries and more issues connected wit hthe original 40% rated condition. Any ideas on why the VA wants me to substantiate information that their docs diagnosed me with?? Wouldn't that all be in my SMC since I had the surgeries while on active duty? I tried to get a copy of my latest SMC from the records center; they told me the VA has it....

ANY suggestions would be welcomed. I have no one to talk to about this.

[Chuck75]

You will need to request a copy of your records from the VA regional office. Cite "duty to assist" and the "FOIA". Ask for service records and all medical treatment records. The VA generally refers to the records as your "C" file. You may also request VA medical records in writing from the treating VA facility or the appropriate VAMC if the treating facility is something like a satellite veteran's center.

I suspect that the VA doctors said that you had medical conditions, and then deliberately did not include language that might be used to substantiate service connection. You may need to go back to them and request a statement to the effect that in their opinion, the conditions are related to service. They may not want to do this, or may, because of internal VA pressures, say something other than what you need them to say. They are required to give this opinion if asked, but remember that they would rather not. There is a VA form that can be used, although I don't remember the form number.

wow, hope that everyone has blown off some steam...

You all sound like you know so much more than I do about this whole process...would any of you mind my asking for your guidance? I was hoping to have my dad, A Vietnam Vet, help me out, but PTSD and alcoholism left untreated for 40 years led him to eat his gun.

Here's my situation in a nutshell...was SC 40% in 2000 when I got out of the Army...was called back to service to go to Iraq in 2003 and got out 8/2005. Have been diagnosed with PTSD and depression, anxiety, sleeplessness, bad dreams, etc, by the VA. Just received the paperwork to add the PTSD to my claim. Also have had two more surgeries and more issues connected wit hthe original 40% rated condition. Any ideas on why the VA wants me to substantiate information that their docs diagnosed me with?? Wouldn't that all be in my SMC since I had the surgeries while on active duty? I tried to get a copy of my latest SMC from the records center; they told me the VA has it....

ANY suggestions would be welcomed. I have no one to talk to about this.