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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Quibley

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Question

In response to the inquiries as related in my previous post, I received a formal letter from the acting VARO service center manager that said they were waiting for 2 items before they could decide my claim:

1) The VA wants me to fill out and complete a VBA Form 21-4142 ( AUTHORIZATION AND CONSENT TO RELEASE INFORMATION TO THE DEPARTMENT OF VETERANS AFFAIRS) to obtain treatment records from the VA vet center. In November 2009, I began to get counseling at the VA vet center. Once I began getting treatment at the vet center, I submitted a VBA Form 21-4142 last November so my treatment records at the vet center could be placed in my PTSD claim file. As a side note for any vets that are considering making a claim for PTSD, the VA clinical social worker at the vet center that I was seeing asked me to take a written PTSD questionnaire/assessment and as a result of that I made an appointment with a private shrink and obtained an IMO with a diagnosis of PTSD.

So, 7 months after submitting the VBA 21-4142, this letter states that they need me to complete a new 21-4142, as the previous one has expired. Let me state that again, they said they needed me to fill out the form again as the previous authorization and consent to release information had expired. The guy at the 1-800-827-1000 call center stated that to the best of his knowledge, a 21-4142 is good for one year. If I tell you guys what I really think what happened I'll probably get banned. LOL. Oh by the way, the letter says if I don't sign and return a new 21-4142 within 30 days, a decision may be made.

2) This fine letter from the VA states that they are waiting for their 2nd request to the NPRC for my entire personnel records. Okay, this is where it gets interesting. I found out yesterday TBI/head injury claim has been rated and is on the way to authorization (yayyyyy Quibley). I currently receive 10% for tinnitus and was also rated 0% SC for hearing loss and residuals, hand fracture. My fabulous question to you guys is didn't they (THE VA) need my personnel records to adjudicate the previously mentioned claims? Then the letter get's real tricky and states that if I have any personnel documents that I should submit to them. Then it says even if the records that VA needs to adjudicate my claim can't be obtained at the NPRC it is still my responsibility to provide them to VA.

The next day I submitted a long statement to the VA where I re-state everything that I have sent to the VA for my PTSD claim to this point:: an IMO from the private shrink, numerous statements, 3 stressor statements, psychiatric hospitalization records, a CID/MP report stating that I was the victim of an assault and attempted robbery and that my injuries were in the line of duty, a medical report from a military social worker that I went to speak to when I was suffering from emotional stress. Finally, I submitted a buddy statement by my father. You might laugh as ask why I submitted a buddy statement from my Dad? Well, believe it or not my Dad was my recruiter when I enlisted. My Dad stated in detail that he knew me when I enlisted, my emotional state when he went to my basic training graduation, my emotional state when I called him on the phone telling him of when I had been assaulted. My mental state when I visited him on convalescent leave after being hospitalized for a 2nd assault. And my mental state when he visited me just prior to my discharge. Anyway, my Dad is the only former soldier I have any contact with that knew me while I was on active duty. I also submitted a copy of my enlistment contract which shows my Dad as being the recruiter of record.

The VA's letter has me a little spooked. Anxiety is pretty bad these days and I'm taking my anti-anxiety medication as directed.

Quibley

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Whatever they ask for get it for them they will never move on your claim till they think that they have it even it provided before.

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"If I tell you guys what I really think what happened I'll probably get banned. LOL."

Yeah I went through this same BS too in a past claim and the VA even lied to my COngressman and 2 Senators as to what they did with these release forms.They said the SSA "Refused " to release my husband SSA records to them.

I was so mad I called SSA in Baltimore determined to keep them on the line to see why.

The VA had NEVER even requested them even though they had the authorization forms.

The SSA award was solely for PTSD.

Are you able to get the Vet Center records yourself to send to them or can you make sure the Vet Center is acting on the request (if they even got an actual request from the VA)

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Whatever they ask for get it for them they will never move on your claim till they think that they have it even it provided before.

Well Pete, that's where it gets a little tricky. They provided a generic list of things I could send them: buddy statements, police reports, treatment records during service, treatment records after service, letters that I wrote during service. etc.... The things that they asked for are things that I have sent. I'm lost my friend. I claimed PTSD to include depression secondary to in-service personal assault. I have a detailed, extensive CID report listing me as the victim of an assault and attempted robbery. I have medical records from an Army hospital where I was treated for assault and hospitalized for a "frontal head injury." I have a report from a medical service corps Captain who was a clinical social worker who saw me as a walk-in at mental hygeine for emotional distress. I have an IMO from a clinical psychologist who diagnoses me with severe PTSD and depression and states that it is at least likely as not that my PTSD is the result of physical assault that occurred in the Army. I have a VA clinical social worker who gave me a PTSD screening test that indicated that I have personality traits consistent with PTSD. I have treatment records for depression and psychiatric hospitalization after leaving service. I have a VA contracted PTSD C & P exam with a diagnosis of PTSD and depression and an opinion that it is at least likely as not that my PTSD is the result of my military service. I have a VA contracted TBI exam with a diagnosis of moderate TBI with a boat load of symptoms and problems to include mental health issues and PTSD with an opinion that my condition is at least likely as not the result of military service. I"m also receiving SSDI with a diagnosis of PTSD. My current VA Psychiatrist that I am seeing at the VA hospital have me a diagnosis of PTSD, depression, GAD, BPD and agoraphobia. I embarrassed to tell you guys my GAF score. It's lower than any I've read on this forum.

Pete, I'm out of ammo man. I don't have any more paperwork I don't know what more they want. I've learned a lot from you guys and from what I've learned, if they do deny me, I think I'll kick their butts at BVA.

I appreciate all the support.

Quibley

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Quibley:

Tell them to rate your claim with the evidence that they have. Just rate it

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