Duty To Assist Letter

[SSGmajik]

Hadit Family,

Just wanted to get recommendations on what you should put in your duty to assist letter. Should you state CFR 38 criteria according to your claim? Should you put notes from your Doctors diagnosis? I just don't want to forget or mess anything up to get denied.

Thanks,

SSGmajik

[cowgirl]

What duty to assist letter? What are you applying for and where are you at in the process? sorry, maybe I missed it.

Cg'up2009!

Hadit Family,

Just wanted to get recommendations on what you should put in your duty to assist letter. Should you state CFR 38 criteria according to your claim? Should you put notes from your Doctors diagnosis? I just don't want to forget or mess anything up to get denied.

Thanks,

SSGmajik

[SSGmajik]

What duty to assist letter? What are you applying for and where are you at in the process? sorry, maybe I missed it.

Cg'up2009!

Cowgirl,

This is from another post, but this is what's going on.....

I filed for an increase, a couple new claims, and reconsideration on couple also. I had to file the reconsideration a little before I was ready, but I was almost at the 1 year deadline and did not want to file an appeal. If anyone can help at all with my duty to assist letter or any other advice I would appreciate it. Below is what I filed for........

First, here are my spinal conditions I am diagnosed with.........

1.) DDD

2.) Spinal Stenosis & Foraminal stenosis (at 9 levels)

3.) Bulging discs (at 7 levels)

4.) Retrolisthesis (at 2 levels)

5.) Spondylosis

6.) Osteophytes (at 4 cervical levels) Growing towards and touching spinal cord

7.) Facet Arthropathy (at 9 levels) Degenerative arthritis of the spine

8.) Schmorl's nodes (at 2 levels)

9.) Scoliosis

10.) IVDS

I've had 3 surgeries on my Lumbar spine and I'm scheduled to have another set of MRI's and meet with the Nerusurgeon to discuss my 4th one in the next 30 days. I'm currently 40% for my Lumbar and 10% for my scar since the scar tissue is now attached to my sciatic nerve.

Increases

1.) Adjustment disorder (Current rating 10%)

2.) Cervical condition with degenerative changes (Current rating 10%)

New Claim

1.) Bilateral knee condition secondary to Lumbar spine condition

2.) Chronic fatigue syndrome secondary to Lumbar spine condition

3.) Chronic Pain disorder secondary to Lumbar spine condition

4.) Frequent urination secondary to Lumbar spine condition

5.) Right ankle condition secondary to Lumbar spine condition

Reconsideration

1.) Migraines secondary to chronic pain

2.) Radiating pain down right leg with nerve damage (According to EMG)

My doctors have flat out told me that I'm a very difficult case because there is so much going on and that I have a bad back of an 80 year old! I am in so much pain daily and it is affecting my life and family. I now have a 5 month old that I have a hard time even holding him. How can I be a good father to him when I can't hardly move. I don't know how much longer I can keep this fight up with the VA. I need help and appreciate anyones help or advice.

Thank You,

SSGmajik

[broncovet]

A DTA letter is a letter the VA sends you..not the other way around. Usually, shortly after you file a claim, the Va sends you a letter offering to assist you with your claims. You dont "put anything" in a DTA letter.

It sounds like you mean a "Notice of Disagreement" (NOD) or possibly a "Request for reconsideration".

Both of those can be put on a form 21-4138 which is a "Statement in Support of Claim".

If you are appealing your RO decision be sure the NOD states, at a minimum, the following:

1. Decision date you are appealing.

2. Express disagreement with decision.

3. Desire to contest decision.

4. Issues you are appealing

Example: Jim Smith xxx-xx-xxxx

I disagree with the Regional Office decision dated Feb 24, 2009 and plan to contest the result with a DRO Review. I am appealing the following issues:

1. The zero percent evaluation should be 100% for PTSD as Dr. FriendofVet stated, "Veteran is diagnosed with PTSD most likely due to one arm and one leg blown off in military service. The Veteran is totally disabled and unable to car for self"

2. The hearing loss evaluation should be 100% as the audioligist stated, "Veterans deafness most likely caused by explosion in military service which blew off both ears"

3. I have submitted an IMO by Dr. Bash, who states, "This deaf Veteran, who is also a parapalegic due to an explosion, is unable to maintain gainfull employment which is most likely due to explosion in military service."

4. I would like expiditios treatment of this appeal, as I am 97 years old, and first applied for benefits in 1941, so I feel the Regional Office has had plenty of time to make a decision.

Edited May 13, 2009 by broncovet

[Berta]

If you mean the VCAA letter- this letter should tell you exactly what the VA needs from you-

it should also have a Response form with it-

watch the deadlines for any response.

You can copy and send with the VCAA response form whatever evidence they need.

Their statement as to what they need might be specific just to one disability-hard to know here- still it should contain a highlighted or underlined statement as to what they need.

Make sure you get a Proof of Mailing from the PO so you have prrof of what you send to them.

[SSGmajik]

Berta & broncovet,

Thanks for the info! I know my VCAA letter states OEF/OIF Veteran Expedite and I have to respond within 30 days! I thought that was pretty quick to respond within 30 days, but hopefully it means they can move my claim a little faster. Thanks again!

[Meddac]

Thanks for the info! I know my VCAA letter states OEF/OIF Veteran Expedite and I have to respond within 30 days! I thought that was pretty quick to respond within 30 days, but hopefully it means they can move my claim a little faster. Thanks again!

The VCAA letters all carry the 30 day time now. It's a double edged sword, really. The government sees this as a way that we can process more claims, the vet feels pressed for time, and the VSR working the case falls behind because of the shorter time limit.

Best advice to any veteran...Be prepared with all of the evidence beforehand. I know I have seen several on here say that a number of times. That greatly cuts out the extended time factor.

IF you need more time, write the VA and tell them you need 30 more days. Beware, however, that your 30 more days could magically turn into 5-6 months. There are a lot of claims pouring in right now (like something suddenly gets in the water every year around the March-April-May timeframe).