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11cvolley

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11cvolley Experienced

11cvolley

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I Put in my claim for ptsd in June 2010. 1-26-2011 it went to decision phase. Its been with the rating board for over a month now. Anyone had this issue? I did provide them with every document that wasn't in my c-file that supports my claim. I just really need some input. This is driving me nuts.

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john999 Grand Master

john999

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Look in your records. You should have a letter that is a VCAA letter. This is a requirement when you file a claim. The VA is supposed to send you a letter that describes the issue you are claiming and tells exactly what evidence you need to get there. If you did not get that letter with both asthma and PTSD on it then something is wrong. Tell us what you have in your records regarding these claims. You need to go to the VARO and make sure that you have claims that are at the rating board for asthma and PTSD. I am not even sure you actually have a claim in for PTSD since you have never had a C&P exam for it. When you made your PTSD claim how did you file the claim? Do you have a date stamped copy of the claim? No C&P for either the increase for asthma or for PTSD. That is very unusual. I am SC'ed for 7 different conditions. I got C&P exams for every one of them. If you are claiming an increase I have never heard of not getting a C&P exam. Something just does not smell right. Your VSO needs to give you some answers.

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11cvolley Experienced

11cvolley

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Look in your records. You should have a letter that is a VCAA letter. This is a requirement when you file a claim. The VA is supposed to send you a letter that describes the issue you are claiming and tells exactly what evidence you need to get there. If you did not get that letter with both asthma and PTSD on it then something is wrong. Tell us what you have in your records regarding these claims. You need to go to the VARO and make sure that you have claims that are at the rating board for asthma and PTSD. I am not even sure you actually have a claim in for PTSD since you have never had a C&P exam for it. When you made your PTSD claim how did you file the claim? Do you have a date stamped copy of the claim? No C&P for either the increase for asthma or for PTSD. That is very unusual. I am SC'ed for 7 different conditions. I got C&P exams for every one of them. If you are claiming an increase I have never heard of not getting a C&P exam. Something just does not smell right. Your VSO needs to give you some answers.

I have date stamped copy, Yes I did file. The only thing I don't recall is the VCAA. Closest thing to VCAA is the letter asking if I have anymore evidence if so I would have 30 days before they proceed or mark I have supplied everything and the claim would proceed.

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Berta

Berta

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The VCAA letter says IMPORTANT REPLY REQUESTED

and it does have a response form to send back to them -sounds like you might have gotten this letter but the letter is supposed to go into some detail and tell you exactly what evidence they need.

It is a violation of your rights if they do not send a proper VCAA letter.

The letter should be tailored to reflect what they want for the specific claim they have received.

John and I have the same concerns here as to your PTSD claim.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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john999 Grand Master

john999

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It means the VA has not given you due process. It means any rating decision they make can be appealed based on the fact you did not get a proper VCAA notice. Let's hope the VA mentioned PTSD in the letter you got from them. Does it mention PTSD? Did you keep a copy of the letter you sent back to them? We are breaking it down for you because it could be important. If the VCAA notice does not mention PTSD the VA is probably not condsidering it in their rating. That is why you did not get C&P exam. That is what I suspect. The VCAA letter should have discussed your asthma increase and your PTSD claim and all the evidence you would need to make the claims be successful. This is what your VSO should find out for you "What disbilites is the VA rating you on?". You asked for an increase in 30% asthma and you asked for service connection for PTSD, correct?

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11cvolley Experienced

11cvolley

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Yes. I remember the paper stating ptsd and asthma but it was vague on what evidence was need. It did not say something along the lines of "we need this ####.## form or we need doctors statement from such and such to prove ptsd.

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