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Va Denied Me


Tower_Rat

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Well the VA denied me again, I just got the word in the mail the other day. the denial letter said that i basically have everything there looking for except the stesser, (ptsd) i have the diagnosis, nexus im on disability for the same thing but, of course they denied me for the stressor telling me that there wasnt enough evidence to support it in my claim. My claim remains open however. Luckily within the last week i was able to contact two key people in my claim. One of the people was there at the time it happened and saw the whole thing and was in the same unit i was in. the other person i finally was able to find after all this time(incident happened in the 80's) called me on the phone the other day after i had left messages with eveyone in the usa with the same last name. It turns out that this person that caused the entire stressor called me back and there 100 percent disabled through the va for mental condition as well. I think that finally im going to be awarded when i turn in this new evidence of a buddy letter and the fact that they now know that the person involved in the stressor is 100 percent va disabled because of mental condition PTSD

anyway thanx for listening.

Tower Rat

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  • HadIt.com Elder

Tower Rat,

You can help now by asking that your buddies have their written statements/affidavits "Notorized" at Notary Public - someone who serves as an impartial witness to the signing of documents, attests to the signature on the document. Don't delay!!

"When a veteran seeks service connection for a disability, the agency of original jurisdiction, usually a VA regional office, is required to analyze and evaluate the supporting evidence in light of the places, types, and circumstances of service, as evidenced by service records; the official history of each organization in which the veteran served; the veteran's military records; and all pertinent medical and lay evidence. 38 U.S.C. § 1154(a) (2000); 38 C.F.R. § 3.303(a) (2002). With respect to injuries or disabilities incurred in or aggravated by combat, including psychiatric disabilities, the Secretary of Veterans Affairs ("Secretary") is required to accept, as sufficient proof of service connection of any disease or injury alleged to have been incurred in or aggravated by service, "satisfactory lay or other evidence of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service." 38 U.S.C. § 1154(b); 38 C.F.R. § 3.304(d) (2002)." Source: http://caselaw.lp.findlaw.com/cgi-bin/getc...=case&no=027346

See also http://www.ptsdmanual.com/

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thanx bro, Im glad that you responded, Ill get my buddy to notorize it immediately, I also go through a va rep so they will be the ones sending it in but, ill make sure i get copies of it.

Thanx again

Tower rat

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Tower Rat- I am very proud of the way you were so pro active on your claim-

this is what it takes!!!!

I feel very strongly that not only should you give it to your vet rep- but I would send it to them myself, certified or Priority- in support of your claim- with a cover letter with your C file number on it-reason I say that- my vet rep locally forgot to send the VA some important stuff a few times-and his mail stacks up for weeks-

And keep copies of all of that you send-

did the buddys give their phone number and addresses?

Is the buddy getting VA comp for this willing to tell VA that?

This is a great benefit of doing leg work to find units and buddies-

there is always the chance-if for a stressor-that you will- as Tower Rat did- find a veteran who also has the same event as an established nexus.

PS- is there a way to get your VARO's FAx number?

An 800 vet rep gave me their fax number recently-

due to a query I made at the VA web site-

A fax and cover letter on this might get you a faster decision----which seems to me they want to do---

GREAT work veteran-----you made my day! Berta

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  • HadIt.com Elder

Tower Rat, I'm your veteran Sister! HUGS!! ~Wings

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