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

[SSGmajik]

Jbasser,

My restrictions were no lifting more than 10 lbs, no standing or walking for more than 15 min, no sitting for more than 30 min, and no car travel more than 30 min. We'll see, I know the VA will try and deny it as incompasiutated episode.

[john999]

The VA will combine chronic pain disorder with the depression and adjustment disorder. They consider chronic pain disorder a mental disorder. I am service connected for it and they just lump it in with my other problems. No doubt chronic pain will make depression worse.

[cowgirl]

Okay, I see more of what is going on. Now Jbasser has provided better detail for you to consider, hope that helps too. My experience on injuries of the spine is limited for now with 20% lumbar.

As far as medical evidence, I have added copies, portions of SMRs, VA med records and rating criteria for claimed condtiiton.

Depends on how you want to do it, highlighted, tabbed or clearly listed as Attachments. Myself, have learned to 'help' raters and their staff by showing them the information I think they need. Heck, even once attached a copy of the comp exam worksheet for particular issue. For backup, I do Iris for cya in my file.

One VCAA letter I returned, I signed it for a decision waiving the 30 or 60 day holding period. Then I signed 'Cowgirl' *note Attached evidence letter all on the same line. The attached letter stated my request specifically and 6 specific notes, statements in my Cfile/VA med file. - each by type, subject, doctor's name, date. And of course, I signed that 'cowgirl' date and claim for increase on xxxxx. (*yes, I had already submitted the copies of these when the claim went in.)

Sure wish ya the best,

Cg'up2009!

a

cowgirl,

All the VCAA letter is asking for any medical evidence I may have to support my claim other than the VA. All my treatment is at the VA, but I stii send them copies with highleted relevant notes. Is that bad to do? I was told that it helps, but please let me know if I'm wrong. I am currently employed. I struggle through each day through all the pain just to be able to put food on the table and roof over my families head. I can't afford to wait and see if I would get TDIU. My doctor thinks I shouldn't work, because it will just make things worse. We'll see what happens after this increase. Thanks for all the help and advice. Also, I'm currently 10% for adjustment disorder with depression. Always low balled the first time around!

SSGmajik

[mrsvet28]

mrsvet28,

I don't think it be "Expeditious"! My initial claim took 558 days 12/2005 - 06/2007! Then I had an increase after surgery that took 320 days and it was a no brainer! I've learned not to expect any type of "expeditious" treatment. It will get done when it gets done and I know there is nothing I can do about it. I wish you luck and hopefully your case is very close to being completed.

SSGmajik

Thank You for the wishes-close sounds good-we are in 11 years going on 12 in August-but just to p**ss them off we are still here.......

[SSGmajik]

Thank you to all for all the advice and guidance on what I should do and most importantly the support. Right now it will just be a waiting game. I've sent in all the evidence I had to support my claim and hopefully the results will be good this time. Thanks again to all.

SSGmajik