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A Friend Of Mine


mcso111
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I have a friend of mine who filed for several things , including PTSD,Ankle injury recieved during the Desert Storm, Bi lateral hearing loss w/ constant headaches, just to name a few, My question is he got his decision back and they denied everything b ut tinnitis for which he recieved 10% and that isnt a claim he filed for. Also he looked over his rating decision and noticed that not even a 1/4 or his statements from buddies or DO's or any medical evidence was as it appears even a part of his decision. anyone with help to tell him I would appreciate it.

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mcso,

Welcome to Hadit.

Southern is correct he will need to file a timely

Notice of Disagreement (NOD).

To help decide how to get his claims granted, the key

is to study the sections of the Rating Decision as follows:

EVIDENCE:

Check what the VA has listed as compared to the Evidence he has listed

REASONS AND BASES:

This is the key place to where he will form his argument from this information.

Where to get the rules and regs VA is supposed to use for Disability Claims:

38 CFR - Part3 - Adjudication

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

38CFR - Part 4 - Schedule for Rating Disabilities:

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

More info here:

M21-1MR

http://www.warms.vba.va.gov/M21_1MR.html

It will also be helpful for your friend if he can find out from VA what Diagnostic Codes (DC),

they used to either grant or deny disability issues.

Hope this helps a vet.

carlie

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mcso111, Carlie, and Southern are giving you good info.

Does he have a copy of his complete service records? If not get one via FOIA.( Freedom of Information Act) at the VARO( Veterans Administration Regional Office) or online too.

Does your friend have a VSO..Veterans service officer helping him with his claim?

(Like VFW, AL, DAV, PVA, state commisioned service officer, etc)

He needs to make a copy of his SOC ( statement of case) and take a yellow marker and highlite all of the reasons they used to deny his claim.( This way he knows what evidence to get to help win his claim)

Does he have a combat ribbon, or combat infantry badge (these are some of the approved criteria which denotes combat participation for ptsd proof...

He has up to a year to file his NOD, notice of disagreement, but the longer he waits, the longer

this will take to reach a decision.

The proof he will need will be in his SOC,like he will need Dr statements, etc will help to win his claim

He should write a stressor letter, in case he hasn't yet...what happened, how it has impacted his life, and continues to affect his life. He needs to be specific, ie can't sleep, irratible, fights, argues alot, no friends, etc...Family can write what he was like before and how he has changed as a result of his service time.

Did he receive C&P exams for all of his complaints? The exams, if he had them were done by Dr or NP?

Audiology was to have been done to disqualify for hearing...thresholds may have not been met, in otherwords not hearing impaired enough.(if any should say granted with 0% comp)

Mo VARO is (DVA) Dept of Veterans Affairs 400 South 18th St St Louis, MO 63103 They may have him write to the page ave address...call 1-800-827-1000 next 110 next 13101 and you will have direct contact with St Louis VA call center if he needs to find out more. Saw you had MO on your site, so guess I am thinking he might be too, if not look it up on www.va.gov and find the location of his regional office. Get record copies asap...find out what they are looking at too. Good luck to him, and good of you to help him out.

Many vets here will help too :lol:

Did he have any treatments for his ankle while in the military, how long, what for,and what was the outcome.

Edited by halos2
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He hasn't filed for a NOD as of yet because his State VSO he working with says he has contacts and wanted to wait until he talked with them,

halos2, yes he states that he has copies of his full record,

I will find out about CIB he was a tanker during desert storm so im unsure at this time,

he has written statements of stressors but for some reason they didnt include it in his file when they made his decision they arn't on his sheet of evidence sounds like they must of lost them becuase they didnt have them when they rated,

he got an IMO for his PTSD but it appears that wasnt enough because they didn't even mention it on his ruling,

he has been set up to see a VA counslor for the PTSD,

his ankle was in a soft cast he states for 3 weeks or so back in 1992,

in 2005 a VA doc said there was a hair line fracture but on his ruling they stated they didnt have any evidence that states it was cronic,

he did have a hearing done and i pointed out what the thresholds were for qualifying,

it just seems they made there decisions with little or none of what evidence he submitted.

Carlie i will check on the codes if he was given any,

i was a service officer for the american legion and another friend or ours is a current vfw service officer, so hopefully with all of you all's help and 3 service officers we can get a good result. I will try to find out more info,

the state vso states he has never seen a case such as this that was so screwed up from va :lol:

thanks for the responses

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"He hasn't filed for a NOD as of yet because his State VSO he working with says he has contacts and wanted to wait until he talked with them"

????

Did the rep formally file for Reconsideration?

How much time is left on the NOD period?

"he got an IMO for his PTSD but it appears that wasnt enough because they didn't even mention it on his ruling,

he has been set up to see a VA counslor for the PTSD,"

if they did not list it as evidence and somehow they did rebutt it-in the decision- the rep MUST make sure this IMO is properly addressed as evidence.

"the state vso states he has never seen a case such as this that was so screwed up from va"

yeah -a VSO said that about my claim- too-- but the VA had plenty of help from 4 state VSOs (one was the director himself )

I am glad he is getting support from this rep.

here in NY-

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mcso111,

They didn't include a lot of statements, etc., in the "evidence" they used to make his determination?

It took them FIVE YEARS to "FIND" the THREE SSA award letter copies that THEY got, three different times, from Social Security (seems they didn't "want" to find it very badly, for I was awarded SSDI for the VERY same thing that I was claiming my VA comp for...). AND, that doesn't include the FOUR copies that I had sent to them!

The only way that they finally DID include it as "evidence" is AFTER I got a copy of my C-file and "found" all SEVEN copies of my SSA "Award" letter, and after I called Sam Johnson (my Congressman) and asked him if he would mind calling the VA and ASK THEM IF THEY, IN TRUTH, DID NOT KNOW HOW TO READ!

FIVE YEARS!

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