ptsd Claims Advice Please!

[OIF 03]

I just left a message in success stories about my VA rep leaving me a voice mail stating that he heard that I was awarded 50% for my PTSD claim that was originally denied on 1/2008. My questions are do they contact my rep first to give him this news?? He will not be in the office until Tuesday so I can't confirm until then. My second question is I was denied for tinitus and back pain initially with the PTSD. Should I file a NOD on both or just send them additional materials like I did for the PTSD??? Lastly, should I file a NOD for a higher PTSD percentage.

Thanks,

OIF 03

[Berta]

"What we do have (and this ticks off several of us) is a lot of people that have absolutely NO CLUE about anything military. They never served, they are straight out of college"

Yes and VA intends to hire more newbys for the claims process-

it took me ten years to feel confident in VA claims and I keep up with anything I can as to any reg changes, etc that affect vets with claims-it will take alot of time for any new claims employee to get up to speed-

even these lawyers who are now allowed to handle claims after June 21, 2007 as the POA- are being taught 38 CFR etc-and will have to pass a VA test to show they are competent in the VA claims process.

You made an honest and impotant point-

Vets have to -in many cases- spell out their MOS clearly to the VA if the MOS is important to their claim-

AN MOS on a DD 214 means nothing- if the actually MOS inservice was different as basis for the claim-

what I mean- my husband had MOS of Truck Driver.

What this does not say on the DD 214-although it shows Vietnam service-

is that all Marines in Nam were infantry too-his stressors -except for one-did not involve his MOS at all-

An MOS also on a DD 214 will not usually reflect whether you were exposed to high levels of noise for hearing loss claims-and for asbestos vets -even if the MOS is listed on the VA PIES asbestos list-you still have to tell them how that MOS

specifically put you in contact with asbestos.

A MOS on a DD 214 in no way replects to most civilians what a man or woman really did in the mil- I know because I am a civilian as many of these newbys are-

I say sometimes you have to tell the VA the story like they are ten years old.

The VA employees hundreds and hundreds of vets many who are disabled-

but civilians in a new RO position are learning a whole new language and do not have the background to fully comprehend at all what military service is all about-

my daughter -7 years of service- always makes that point to me-

I might see the basis and even the evidence for a claim and be able to provide adequate claims advise- but she is right- just like you said-

I really dont have a clue-

when it comes to Military service-

That Iraq vet on CNN who has IED scrapnel and was DENIED SC - as the VA said it was not due to service-

is evidence of the fact that these newbys have to get up to speed-and we have to help them by including details in oir claims that a non- vet needs to comprehend.

[OIF 03]

OK, this is my first post on here so cut me a little bit of slack.

To answer your questions as best as I can... First, yes, your rep will most likely find out before you if you are either granted or denied on your claim. Second, yes and no. If you file an NOD, be sure to ask for the DRO Review. You should also send your additional evidence for the DRO (Decision Review Officer) to review. The DRO can overturn a denial, and grant benefits. If the DRO denies your claim once again you can move to a Travel Board Hearing or even a personal hearing with tha DRO to state your case. If that still does not help then you can fight on to BVA (Board of Veterans Appeals).

Basically, this can have your claim tied up for years. You have to perfect certain items for your appeal to even stick in the first place.

Your other option is just to simply re-open your claim. Send in something saying that you would like to re-open your claims, and submit your supporting evidence. This can take as long as it took the first time you filed. One word of STRONG advice... Make a copy of what you have (evidence, etc.). It can be lost by the VA.

How do I know any of this? I am a disabled veteran, and I work for the VA. In the Appeals section to be exact. I used to process initial claims and re-opened claims for compensation, pension, DIC, etc. I have seen a lot, and I can offer quite a bit in the way of advice and such.

Good luck with your claim. If I can help let me know. I may be slow to get back to you, but I will get back to you.

Meddac,

Thanks for the advice and it is nice to have a newcomer that has the inside track on how things work because you worked for the other side!!!

OIF 03