Success Story..... I Think

[10thFO]

Tim if you got out in Dec. of 2004, go to your VAMC right now. Being a veteran of Iraqi Freedom then you have 1 if not two years to get in.

Don't worry about your Service officer. It's obvious that she is clueless or doens't care about your situation. I realize that you just got out, but believe me the resistance to claims is strong right now. Don't let them fart your life away.

You won't be able to go to the rater straight as that is a seperate entity. Go and apply for your health care now at your nearest VAMC. Then go to Release of Information and get copies of all appointments and staements from dr.s. That may require that you get them at a later date, a week or so, so make sure you keep a written record of you DR's appointments. Then specify those dates to release of information.

Jarhead please keep track of this stuff. ANd fight for your rights. I only call you Jarhead because my father was one. Of course I'm a kick ass soldier.

[Guest Berta]

Marine!

You did good so far- but it sure does not seem to be enough compensation-

I fully agree with Walter to NOD the whole thing-

Do you remember what the C & Ps were called?

You can get all of your VA meds rec (you probably have them) and also the actual C & P reports they based their decision on by writing to the VAMCs' FOIA officer- just tell them what you need and give them your c file number-

I always suggest making it a request under the Privacy Act/Freedom of Information Act USC, 552-

for copies of what you need (vets really need to get it all)

The C & P results could have been manipulated in the decision.

I agree too with Walter or whoever said that you have to get current treatment for any SC because somewhere down the road they can say you dont have a ratable condition anymore because you dont need VA care for it.

The effective date of your claim- did they give you retro compensation back to the day after you left the Corps?

If not they need a thump call-

Claims filed within one year of discrage (as I understand your post)

will be given an EED (effective date) back to first day after discharge assuming the veteran had the same disability on day after discharge.

38 USC 5110(:) (1) and 38 CFR 3.400(B)(2)(l)(2005)

If they messed that up- put this also into your NOD and email me for a copy of the reg-if you need it-

I often advise sending them the actual regs with NODs or evidence.

Do you have the DC (Diagnostic codes) on the rating decision?

Mind telling us what they are?

The wrong diagnostic code can cause the VA to snooker a vet out of money-sometimes -they figure the vet wont check it out-

Usually they are accurate but I always check them on claims and they do make errors.

Semper Fi and Welcome aboard-

(The United States Marine Corps provides most of my education-I am a civilian.

I have had some TOUGH bad ass USMC professors at Quantico-

it helps me work with claims-because-

The VA is a battlefield,too.

[wallyg]

Tim

Both 10FO and Berta gave you sound advice.

I wouldn't suggest getting personally involved in what you SO is doing at VARO. Keep the VSO, particularly if she has office space at the VARO, her access to your c-file and the RO can sometimes be useful. I would advise however that you request that she does NOT initiate ANY actions on your behalf, without your prior approval.

When you gave her a POA, you gave her authority to do anything in your name, with regards to VA claims. If you can't reach an understanding with her, that you do not want her acting without your approval, you might want to rescind her POA, and find another VSO.

You are your own best advocate, but a cooperative VSO can be a big help. Did you bring a copy of your SMRs, when you left USMC. If not, you should request a copy of your c-file from the VARO. You are entitled to one free copy, and free updates. The c-file will include your SMRs.

Good luck

[JR Reihs]

Tim

You are on the right track, you have the right to a IMO for your claims that you disagree with.......Never trust the VA C&P process to be fair to the Vet.......Get a private board certified doctor to relate the % of your claimed conditions.

[Tim_USMC]

Berta,

Everything was effective on the day of my EAS. I was given back pay. There weren't any codes on the decision. Thanks for you comments!

Tim

[deltaj]

Tim: You have a lot of service connected traumatic injuries and it sounds likely that you will develop arthritis in the future as a result of those traumatic injuries. If you develop traumatic arthritis in the future you will need to get a medical exam diagnosing it and then file a claim to service connect it because arthritis is also rateable separately in V.A.'s rating schedule.

Edited December 18, 2005 by deltaj