Recieved A Decision On My Initial Claim Today

[TANKERJOE0]

HELLO EVERYONE,I RECIEVED A DECISION ON MY INITIAL CLAIM TODAY.

I AM DISSAPPOINTED WITH THE DECISION AND AM IN NEED OF HELP ON WHAT MY NEXT STEPS ARE AS FAR AS AN APPEAL??

IM NOT SURE WHAT TO POST OR TELL SO EVERYONE CAN BE FAMILIAR WITH MY CLAIM??

ANY SUGGESTIONS WOULD BE GREATLY APPRECIATED.

THANKS SO MUCH

TANKERJOE0

[Berta]

Tell us what you claimed as SC and why they denied you?

Did they list all of your evidence and consider it?

Did you fully comply with the VCAA letter they sent to you and did you obtain and send them what they asked for?

[TANKERJOE0]

HI BERTA,

I AM A DESERT STORM VET AND

I INITIALLY FILED SC FOR 3 THINGS.

1-PTSD

2-BILATERAL HEARING LOSS

3-XEROSIS OF BOTH FEET (CRACKING,SPLITTING,PEELING FEET)

THEN I ADDED ANOTHER CLAIM FOR OTHER ISSUES??

THIS IS EXACTLY WHAT THE PAPERS SAY I RECIEVED TODAY.

I WAS GRANTED A 30% RATING FOR

"DEPRESSIVE DISORDER,NOT OTHERWISE SPECIFIED ALSO CLAIMED AS PTSD,ANXIETY,OCD,MEMORY LOSS,SOCIAL ISSUES,DEPRESSION,FEAR,NIGHTMARES,MOOD SWINGS,INSOMNIA AND FATIGUE" I THINK THESE ARE THE SYMTOMS I SUBMITTED IN MY CLAIM??

THE HEARING LOSS AND XEROSIS OF THE FEET WERE DENIED?

I STILL HAVE OTHER CLAIMS THAT THEY HAVE LISTED AS DEFERED???

CAN YOU PLEASE EXPLAIN WHAT THIS MEANS AND WHY THEY ARE DEFERED?

THEY ARE-LEFT KNEE PAIN

RIGHT KNEE PAIN

TINNITUS

SHORTNESS OF BREATH

SLEEP APNEA

CHEST PAINS

ROSACEA ON FACE

ACID REFLUX

NERVE DAMAGE OF THE UPPER AND LOWER EXTREMITIES ALSO CLAIMED AS SEVERE PAIN

HEADACHES

ERECTILE DYSFUNCTION

THEY DID NOT RECIEVE WHAT I BELIEVE TO BE MY BEST EVIDENCE IN SUPPORT OF MY PTSD CLAIM BEFORE REACHING THERE DECISION???

RENTALGUY1 COMPOSED AN EXCELLENT LETTER IN SUPPORT OF MY CLAIM.

I SENT THEM EVERYTHING I HAVE TO SUPPORT ANY OF MY CLAIMS.

I UNFORTUNATELY DID ALL OF THIS BEFORE I FOUND THIS WONDERFUL SITE.

AND JUST SENT EVERYTHING UN ORGANIZED.

I PLAN ON SENDING ALL OTHER INFO IN AS NEAT AND CONCISE ORDER AS I CAN.

IM SURE I LEFT SOME IMP INFO OUT??

THERE IS ALOT MORE IN THIS PAPER I RECIEVED IN MY CLAIM.

I GUESS THIS IS A START?

THANKS

TANKERJOE0

[broncovet]

Tanker Joe:

File a NOD. Take your time and do a very good job..show evidence as to why you disagree with their decision. Get help if you need it. Keep a copy of your NOD, and send it to the VARO certified mail, return receipt requested. Do this within a year.

Send an IRIS email about 2 months after you send the NOD and ask the status. When IRIS responds they cant find your NOD, then resend it.

Check again in another 2 months. REsend your NOD again, after they tell you they lost the second one also. Repeat this until you can finally get someone to acknowldge your NOD, this will probably take about 5 or 6 requests, on average, plus one request to the VAOIG, one to the BVA, and one to the media, one to your congressman, and one to Mr. Shineseki, and one to Michelle Obama.

[jbasser]

I would leave the IG out of it unless you can prove the RO did something out of prejudice against a Veteran. Dont go looking for trouble.

Such as the case of Airman Roberts.

J

[Berta]

"deferred" means they are still wprking on these issues.

Some of those conditions you listed are a little vague. They all have to be attributed to your service in some way.

Do you have your complete SMRs?

"THEY DID NOT RECIEVE WHAT I BELIEVE TO BE MY BEST EVIDENCE IN SUPPORT OF MY PTSD CLAIM BEFORE REACHING THERE DECISION???"

Would this evidence actually put you into a higher PTSD rating?

Do you mean buddy statements or a IMO from a shrink?

Or statements from employers?

[rentalguy1]

Joe..the letter we wrote was to simply call their attention to the validity of the PTSD diagnosis. Since they went ahead and service connected you for depression, that is now a moot point. The first hurdle has been jumped. Now we have to get them to increase this low-ball rating. You need to NOD this decision. To do this, fill out a VA Form 21-4138 stating that you disagree with the decision that they made on (date) concerning your service connected depression. Tell them you feel that the evidence on record in your C-file proves that you should have a rating not less than 70%. As far as the deferred issues, like it has already been stated, they are still working on those. Right now your focus needs to be on gathering any new evidence that you may have and filing a NOD.