Claim Question

[Guest jangrin]

I was just wondering when the RO recieves a claim that has multiple conditions (sent all on the initial claim), do they make a determination on the ones they know are service connected first and send out notification, or do they go ahead and send out a notice on each condition as they make their determination? OR do they hold back everything on the initial claim until they have made a determination on all issues and then send out notice. Also how long before a C & P exam is scheduled following filing the initial claim? Do they always schedule C & P exams? Thanks

Jangrin :D

[foreveryoung]

Jangrin

You can prevail on a claim for PTSD or Major depression as secondary, if the stressor is service connected.

If you have a solid claim, which it appears you have you'll do fine. Just don't give up.

Edited July 4, 2006 by foreveryoung

[Guest jangrin]

RockyA1991 and Foreveryoung,

You all have been great. My husband is currently getting help from the VA contracted psychologist. The Doc has been great and my husband will be starting group therapy within the next couple of weeks. Actually this is a really good thing. My husband did some river patrol in the mekong delta up into cambodia and then in '68 was in Saigon. I know he spent 2 full years in vietnam and comming home was really bad. I really don't know much of what happened as he has not said much over the last 25 plus years that I have known him. But the counseling is helping and even if he doesn't get his ptsd claim with the VA I don't care because he is finally talking about his vietnam experience and he is smiling more these days. To "heck" with the VA ptsd protocals. Who cares what they think. He is doing better. He was awarded some medal but it is a letter in his file not on his DD-214. Something about meritourous/ valourous service.

As you can tell, I am in love with my guy. That's more important to me. The stressors have been there for the past 25 years, whether they believe it or not at this point is irrelevant, his mental and physical well being are the most important issues right now whether they are SC or not is up for ????.

The ROI (office) is a good point. I was wondering how we would get the info. How long following his appts. do you think we should wait to get copies? The same day or give them a few days? Ya know, I think they will leave out of his records what they think they can get away with. Are we allowed to make a statement regarding the doctor appt.... kind of like a diary type statement. Maybe we should start keeping a diary.. to address info during his doctors appt. would this be considered part of the medical history if we did this?

Sorry to be so emotional, but this process certainly can be frustrating.

Thanks all of you, you are the GREATEST!!! Please be patient with me as I am not used to dealing with the military at all and this is new to me.

Jangrin

[RockyA1911]

jangrin,

You can go right to the ROI office as soon as the appointment is finished and request records right then. They won't be available right then but you will get them in two to three weeks. Like I said, the clerk writes what he wants on the request and does not specify what you exactly want on them. That's why I ask for blank copies and their fax number. I then fill them out the next day and fax them. Records that are already on file, you should get in a couple of days.

I understand your frustration with the PTSD thing but your husband is not the only vet that is or has gone through the maze. You filed a claim for PTSD and compensation from the VA, be prepared to provide a stressor that the VA will service connect in order to get a favorable decision. Also use the PTSD diagnosis from the SS as medical evidence to support your claim of PTSD. Find out exactly what your husbands duties were, his MOS etc and also check the award letter and see what it says. Was the award given after his discharge from service? Is that why it is not on his DD-214? If so, explain that in your correspondence, etc.

Good luck to you and your husband!

RockyA

[Guest jangrin]

RockyA,

Thanks. I get your meaning now. I need to get the blank forms and the next day fax in the request for the records I want. Then I won't be waiting around for them and I will get them in a timely manner. That's a good thing because then we will know right away if there is something we are going to need to counter.

RockyA, also thanks for the imput about the IMO/IME that is also something we will be seeking in the near future. I think it is important to get that done right away. It gives the veteran credibility and also needed support. I really didn't realize than the veterans were having to prove their entitlements like they are. Boy is the general public fed a lot of propaganda!!!

My outlook is certainly different now than it was 1 year ago.

Thanks alot everyone, I'm off working the claim now =, i'm sure i'll have tons of questions in the future. Thanks for your time.

Jangrin

[mssoup1]

jangrin,

If your husband received any medals, ribbons, citations, etc. that were not listed on his DD-214, you need to get this updated and they will send you a DD-215. This is an addendum to his DD-214. I don't remember the exact address to send it to, but I am sure there is a link somewhere here on Hadit, or someone can post that. My husband served 2 tours in Vietnam in the Navy around the time your husband did. There were a lot of medals, ribbons and citations which did not show up on his DD-214. I sent in for an updated copy and they sent me the DD-215. There were even things added that I didn't even know about.

Every time I go with my husband to the VAMC, I remember what visits he had prior to the one he has that day. We go straight to the Release of Information Department and get those copies then. They have a couple of very nice people working there and it only takes them a couple of minutes to print what we need, since we only need the last few visits. It is amazing what is said in that visit with the doctor and what actually shows up in their report. You sometimes wonder if they didn't get someone else's report mixed up with my husbands. Once you get a copy of his initial medical file, you need to constantly keep it updated and it is easy to do if you get copies of each of his visits as he goes to the VAMC. If you don't agree with something written in his report, bring it up to the doctor. Some don't mind and will change what they put in the report, while others just ignore you. But, remember, when you are filing a claim, this is what the RO will be looking at, so you want the report to reflect what is accurate.

My husband was very lucky with his PTSD claim. He has a nice psychiatrist who seems to really want to help, not only with his problems, but in helping him as much as she can when it came to his claim. I sat in on several of his visits to his psychiatrist. Some of her reports were not quite accurate, so I brought that up and she was willing to note those in the current report. When he had his last C & P, he also ended up with a very good psychiatrist, who also wrote a good report and backed up what my husbands regular psychiatrist stated in some of her reports. So, he did review her reports prior to my husbands visit. A lot of C & P examiners don't.

I have found that my going with my husband on each of his visits and sitting in worked better for us. He wouldn't/didn't tell them much of anything, so that is when I would chime in and tell them exactly what was going on with him. This is not just his psychiatric exams, but all visits he has at the VAMC. I have found that this helps a lot as to what actually gets put into his record and the type of treatment given.

I have been with my husband since Vietnam and have been working claims for him for the past 30+ years. Back during the early years, without computer access, veterans or their family didn't really know what to do, so a lot of claims that should have been worked better and possibly gotten further, were basically dropped. But as the years went by and computer access and Hadit came along, things got easier by at least knowing what to do and if you had problems there were always people around to ask. The only problem then was that so much information was lost, like medical records which you had a hard time getting, if you could get them at all. I only wish that I had known or been told a lot of what I know now earlier on in our years, but you cannot go back so that is water over the dam.

I wish you the very best of luck with your husbands claim. There are so many helpful people on this site who are more than willing to help you and guide you in the right direction. Keep us posted on how things are going.

mssoup1

[Berta]

MSsoup- great advise-

That happened to my husband too-

The DD 215 produced more awards and medals- some he had to buy- (the ones from the Vietnamese Gov)

I will attach a DD 149- this is the form to use to get the DD 214 corrected.

dd0149.pdf