ptsd Really Concerned About Reopening Ptsd/mst Claim

[cowgirl]

Trying to keep on task, but today my feelings are really deflated. Long story shortened, for years been unhappy (aka depressed) that I didnt appeal original claim disability issues. Really think I was in denial for years for depression, didnt start counseling until near decade later.

Edited November 18, 2007 by cowgirl

[cloudcroft]

In this case, "perfect" is being used as a verb.

As I understand it, "perfecting a claim" is the process of accumulating and organizing your claim's evidence, to get it ready to submit to the VARO for a decision. It's the stage of the claims process that comes after meeting the "well-grounded" requirements of a claim although there usually isn't any distinct line between one and the other since most vets send in all their evidence at the very beginning...but often you get additional evidence later and send it in as you get it. Or the VA takes a while to locate records. In these cases, you can't send in everything up front.

You could say that meeting the well-grounded criteria for a claim is Phase I of the claims process and perfecting your claim is Phase II...even though you can really be doing both at the same time.

But I mention the two "phases" because if a claim is not well-grounded, the VA has no duty to assist and will just deny said claim right up front. If the claim IS well-grounded, the VA's duty to assist then begins. So this phase of perfecting a claim is you getting your evidence together and the VA has to help you get any medical records re: your claim.

It doesn't mean having a "perfect" (used as an adjective) claim.

Hope that makes sense,

- John D.

Perfect Claim? I am currently sc for mdd, thank God. Gotcha on gaf. Just truly believe mdd (with clearly stated ptsd.mst. anxiety diagnosis) should have EED SC to original claim. Again, trying to understand 'perfect'. thanks, spinnin' cg here. :D

[cowgirl]

Thank yee Cloud, got quite the understanding of perfect (accumulating&organizing) related to legal papers filing. So, after I reopen a claim, if I dont have it all together, I get to 'perfect' the claim by supporting it with the 'total data' evidence I have. Mmm, praying the VA raters sees it as 'perfect' also. Will update on progress, thanks again, g'nite,cg

In this case, "perfect" is being used as a verb.

As I understand it, "perfecting a claim" is the process of accumulating and organizing your claim's evidence, to get it ready to submit to the VARO for a decision. It's the stage of the claims process that comes after meeting the "well-grounded" requirements of a claim although there usually isn't any distinct line between one and the other since most vets send in all their evidence at the very beginning...but often you get additional evidence later and send it in as you get it. Or the VA takes a while to locate records. In these cases, you can't send in everything up front.

You could say that meeting the well-grounded criteria for a claim is Phase I of the claims process and perfecting your claim is Phase II...even though you can really be doing both at the same time.

But I mention the two "phases" because if a claim is not well-grounded, the VA has no duty to assist and will just deny said claim right up front. If the claim IS well-grounded, the VA's duty to assist then begins. So this phase of perfecting a claim is you getting your evidence together and the VA has to help you get any medical records re: your claim.

It doesn't mean having a "perfect" (used as an adjective) claim.

Hope that makes sense,

- John D.

[Wings]

"Perfecting your claim" also means being well versed with Title 38. Know and apply the rules and regulations that support your argument/claim. ~Wings

[cowgirl]

I want to thank everyone here at HADIT for the help on my concerns reopening my claim. Emotions and facts are tough to combine or seperate. For now, I feel that I can at least try my best. I think having a place to discuss the 'ifs/ands/buts' of this alien VA regulation world helps so much. Its special being here cause there are few places other than HADIT where we can get sincere help while struggling to confirm our military (and VA) experiences and disabilities. My husband, a dedicated listener, just doesn't speak 'militaryize'. My plans, at this stage are to reopen the claim for specified psych and health issues, organize (re-organize) my information, get a correct IMO, review Title 38,MFR etc. and submit a perfected package to the best of my abilities.tryin' to cg'up here!

"Perfecting your claim" also means being well versed with Title 38. Know and apply the rules and regulations that support your argument/claim. ~Wings

[cloudcroft]

Wings,

I don't think a vet MUST be well-versed on VA regs...it would be GREAT if we all were but few vets can do that because of a mental disorder, being on meds for same, not being academically inclined, or whatever. I know I sure can't.

Besides, it's supposed to be up to the VARO, BVA and CVA -- not to mention VSOs/SOs -- to know that stuff. Yes, I know we shouldn't leave that to chance, expecting that those people are savvy re: the regs, but they are SUPPOSED to be and vets can't be expectd to be Title 38 experts.

I agree, however, that a vet should TRY to know the regs that particularly apply to his/her claim because as we all know, no one should care more about a claim than the vet who filed it. But lots of vets have to rely on others to know the "book learning" stuff. And as we somtimes see here, some vets can't even write coherent posts...they'll definitely need help writng statements to the VA and such.

But a vet can at least make sure he/she has all the evidence possible for a positive decision on their claim, rather than sketchy evidence that is likely to get denials and a long drawn-out appeals process.

True, even seemingly "slam-dunk" claims can be denied, but the more persuasive and convincing evidence you have RIGHT UP FRONT, the sooner one's claim should be favorably decided.

cowgirl,

Good luck...

-- John D.

Edited November 10, 2007 by cloudcroft

[Wings]

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I should have refrained from the verbage: perfect your claim!

All I really meant to say is concentrate on one claim at a time, regardless of how many medical problems are at issue.

Each claim or issue must meet a certain threshold before it's rated sevice-connected.

In the not so distant past, claims had to meet a "well-grounded" threshold; VCAA did away with that requirement and was supposed to be vet friendly . . . not so!

Now that same claim that would have been developed or "perfected" by the vet or SO to meet 'well grounded status' is bounced back and forth trying to meet the VCAA legal requirements.

The vet would have been better off without VCAA - and stuck with the idea of presenting a plausable claim:

Medical evidence of a current disabling problem

Medical evidence of problem while in active military service - you suffered an injury or disease - service medical records are the best evidence

Nexus: You have to prove a medical link or nexus or relationship between the bad thing which happened inservice and the present disability.

Over and Out. ~Wings

Edited November 10, 2007 by Wings