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Seven Months And Need Help

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midnight340

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Hi Everyone. I did an "Introduce Yourself" today, but wanted to ask my questions here (and I appologize for the length of this but want to give full info.)

FROM INTRODUCTION:

"I am a veteran of four years service in the Navy during the Viet Nam War era as a 2nd Class Petty Officer. I was not in VN but served at an airfield and worked on the the flight deck of a carrier for a year. Because of events I survived, and the mess my personal and work life have been, I have recently been diagnosed with PTSD along with the depression/anxiety that I have been under treatment for (by the VA, over the last 8 years or so.) I filed a claim for disability & pension in Feburary 2011, so am almost 7 months into the wait. I turn 65 in a few weeks, and have not been able to work a steady job for my entire life, and recently went through bankruptcy and foreclosure."

CLAIM HISTORY:

When my claim was sent in, it probably was not done in the best way. It was done by the VSO at the state Comm. on Veterans affairs. (with too many things claimed, probably all as primary SC)

From the VA's response of March '11...quote: "We are working on your claim for: PTSD, Depression, Anxiety, Chronic back problems, Anger control issues, and non service connected pension." I responded to all of these with a lot of information, records of treatment by the VA, my accounts of service connection incidents, non-VA treatment records for my back issues, and reprints of VA psychiatrists assessments and comments. I also sent statements of support from two family members, and two "most likely" statements from non-Va doctors for my back.

In May, the VA sent me a letter saying that they had added to my claim: "Individual Unemployability" and "Sleep disorder" They asked for supporting evidence for these. I responded with copies of medical record statements from VA psychiatrists with highlighted passages referring to both my never having developed a career or maintained a steady job, and also that I suffered from sleep problems.

I have signed and sent in VCAA notices after both rounds of information.

My claim is, of course, still in the "development" phase. When I called the 800 # a couple of months ago I was told it "looked like they had everything they needed." When I mentioned my financial situation and that I felt helpless, the person I was talking to suggested that I send a letter asking the VA to "expedite due to financial hardship", so I did that and sent copies of court records of the bankruptcy and foreclosure.

I now know that it would have been best to only claim PTSD (due to a major event at a Naval Air Station, on record, for which there are my accounts, list of deaths, copy of newspaper article at the time. And the VA diagnosis, with my endless moving and relationship changes,etc.) And probably best not claiming others except as secondary, and maybe not claimed the back problems related to a flight deck accident (I sent detailed description of the dramatic event, but it was never reported so not on record.)

QUESTIONS:

1.) I have read here that the VA has to follow the thread of everything claimed to look for SC. Can I, or should I try to "simplify" or ammend my claim at this time to only the PTSD and IU?

2.) Does asking to expedite just put it in another pile and possibly even slow it down?

3.) I have NOT been scheduled for any C&P exams. I did have on record at the time of the claim two recent assessments from VA psychiatrists for PTSD. Do they sometimes skip the C&Ps?

4) I also read recently on this site from Pete53 "...You might ask for a pension to tide you over. It only takes about 3 months to get a pension, the only thing is you have to serve during a war period ...and have medical evidence that you are disabled." I will be 65 shortly, is there anything I can do about the pension part of this?

Any and all help will be appreciated.

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Were you treated for any of your disabilities, and are noted in your SMR.?

If your goal is set at TDIU or schedular 100%, unless you have overwhelming evidence on the PTSD that would grant you as such, I would let your other claims fly in hoping there would be enough evidence together to grant the TDIU or schedular.

You have to connect the dots yourself, to prove service connection for all claims. The VA will not do this.

JMO

!!!BROKEN ARROW!!!

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1.)I have read here that the VA has to follow the thread of everything claimed to look for SC. Can I, or should I try to "simplify" or ammend my claim at this time to only the PTSD and IU?

I wonder who posted that info- the VA might be supposed to look for an in service nexus for anything claimed but we cannot depend on them to do that.

Do you avce a copy of your SMRs? If so were you able to direct them to specific SMR entries? Or anything on your discharge certificate that supports -for example-the back claim?

VA has simplified the claim themselves-in my opinion by suggesting TDIU - have they sent you the 21-8940 TDIU form Yet?

In most cases the VA will do a C & P exam for each disability.Maybe they have enough current PTSD info to not schedule a PTSD exam- still- they will need to determine proof of your stressor.

I feel however that only a PTSD C & P would give you the proper PTSD rating. You might be getting C & P exams schedule in the future and it is imperative that you get to every exam.

There are blank C & P forms here to show what to expect.

By all means, try to get your claim expedited but please keep in mind there are probably a million claims pending now and many of us have had to wait years, not months, due to the backlog.

“(due to a major event at a Naval Air Station )” does your MOS and duty put you clearly at the same time and place of this stressor?

Regarding the Pension:

Wartime service and limited income are required.

The NSC pension criteria can be searched here for more info.

Do you receive SSA disability ? Or SSI?

Any private non VA medical expenses?

If so that all would affect any potential pension amount.

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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I would not withdraw any claims to try to speed things up on your PTSD. They are going to take the same amount of time reguardless. Your Dr's notes will not carry much wieght if they didn't review your complete c-file. The VA feels there may be something in your c-file that would change the Dr's mind if he were privy to the information.

Here's the problem - You file for compensation. The VA says you need a "competent" opinion that your current condition is related to military, In order to get that opinion you need a copy of your c-file. You ask for a copy and they say it will delay your claim more because it will be taken out of the pile to make a copy and then put back on bottom of the pile. 21st century VA cannot keep place in line - what a joke.

ANyway, wait for the decision. If it is a denial, do not appeal. Get a copy of your c-file and pay for an IMO. Then ask for a reconsideration based on the new medical evidence. The only way to win these claims is with good medical evidence.

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1.) I have read here that the VA has to follow the thread of everything claimed to look for SC. Can I, or should I try to "simplify" or ammend my claim at this time to only the PTSD and IU? I wouldn't recommend it, because you may not be service-connected for PTSD. It's best to keep your options open.

2.) Does asking to expedite just put it in another pile and possibly even slow it down? No, but merely asking won't expedite it. To expedite your claim, you must have a proven terminal condition; or, be homeless; or, be a POW; or, be an OEF/OIF veteran; or ... several other situations that I can't recall at the moment.

3.) I have NOT been scheduled for any C&P exams. I did have on record at the time of the claim two recent assessments from VA psychiatrists for PTSD. Do they sometimes skip the C&Ps? Well, a C&PE is not absolutely necessary if "the evidence of record is adequate for a rating decision". However, generally a C&PE is required, if I intend to grant service connection. And, before I schedule a C&PE I have to have some good feeling that I could grant service connection, otherwise I'd be wasting an exam slot. Note: if you gave the VARO sufficient identifying information about the traumatic event, the VARO may be trying to get the deck logs from your ship to verify what happened. Or, maybe they're not.

4) I also read recently on this site from Pete53 "...You might ask for a pension to tide you over. It only takes about 3 months to get a pension, the only thing is you have to serve during a war period ...and have medical evidence that you are disabled." I will be 65 shortly, is there anything I can do about the pension part of this? Technically, a claim for compensation is also a inherent claim for pension, and a claim for pension also is an inherent claim for compensation. As an earlier poster stated, you are a wartime veteran so you meet the initial qualification. Additionally, if you are confined to a nursing home, or over age 65, you "automatically "qualify" for VA pension.

You understand that qualifying for VA pension and receiving any monies for VA pension can be different. The normal maximum VA pension payment for a single veteran is $11,830 a year or about $980 a month. This amount is offset by any other income (taxable or non-taxable) you or your spouse might have; additionally, your assets or estate are considered. However, there is an adjustment for medical expenses.

Hi Everyone. I did an "Introduce Yourself" today, but wanted to ask my questions here (and I appologize for the length of this but want to give full info.)

FROM INTRODUCTION:

"I am a veteran of four years service in the Navy during the Viet Nam War era as a 2nd Class Petty Officer. I was not in VN but served at an airfield and worked on the the flight deck of a carrier for a year. Because of events I survived, and the mess my personal and work life have been, I have recently been diagnosed with PTSD along with the depression/anxiety that I have been under treatment for (by the VA, over the last 8 years or so.) I filed a claim for disability & pension in Feburary 2011, so am almost 7 months into the wait. I turn 65 in a few weeks, and have not been able to work a steady job for my entire life, and recently went through bankruptcy and foreclosure."

CLAIM HISTORY:

When my claim was sent in, it probably was not done in the best way. It was done by the VSO at the state Comm. on Veterans affairs. (with too many things claimed, probably all as primary SC)

From the VA's response of March '11...quote: "We are working on your claim for: PTSD, Depression, Anxiety, Chronic back problems, Anger control issues, and non service connected pension." I responded to all of these with a lot of information, records of treatment by the VA, my accounts of service connection incidents, non-VA treatment records for my back issues, and reprints of VA psychiatrists assessments and comments. I also sent statements of support from two family members, and two "most likely" statements from non-Va doctors for my back.

In May, the VA sent me a letter saying that they had added to my claim: "Individual Unemployability" and "Sleep disorder" They asked for supporting evidence for these. I responded with copies of medical record statements from VA psychiatrists with highlighted passages referring to both my never having developed a career or maintained a steady job, and also that I suffered from sleep problems.

I have signed and sent in VCAA notices after both rounds of information.

My claim is, of course, still in the "development" phase. When I called the 800 # a couple of months ago I was told it "looked like they had everything they needed." When I mentioned my financial situation and that I felt helpless, the person I was talking to suggested that I send a letter asking the VA to "expedite due to financial hardship", so I did that and sent copies of court records of the bankruptcy and foreclosure.

I now know that it would have been best to only claim PTSD (due to a major event at a Naval Air Station, on record, for which there are my accounts, list of deaths, copy of newspaper article at the time. And the VA diagnosis, with my endless moving and relationship changes,etc.) And probably best not claiming others except as secondary, and maybe not claimed the back problems related to a flight deck accident (I sent detailed description of the dramatic event, but it was never reported so not on record.)

QUESTIONS:

1.) I have read here that the VA has to follow the thread of everything claimed to look for SC. Can I, or should I try to "simplify" or ammend my claim at this time to only the PTSD and IU?

2.) Does asking to expedite just put it in another pile and possibly even slow it down?

3.) I have NOT been scheduled for any C&P exams. I did have on record at the time of the claim two recent assessments from VA psychiatrists for PTSD. Do they sometimes skip the C&Ps?

4) I also read recently on this site from Pete53 "...You might ask for a pension to tide you over. It only takes about 3 months to get a pension, the only thing is you have to serve during a war period ...and have medical evidence that you are disabled." I will be 65 shortly, is there anything I can do about the pension part of this?

Any and all help will be appreciated.

Interested

causalobserver8@aol.com

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I am very new to all of this. Six months ago, I knew nothing about any of this, and did not even know that I might be able to file a claim, or that any benefits might apply to me. Most of what I know I learned since I found this site 2-3 months ago. So far everyone from American Legion, Vet's Comm., and MH staff at VA have been very supportive. I did not even understand the shift in my life that had happened. I saw it when it happened to others.... but did not allow any recognition of my own struggle. I kept trying, ....but mostly considering myself a "failure" and kept moving or changing things to hide from it.

Cooter: "If your goal is set at TDIU or schedular 100%, unless you have overwhelming evidence on the PTSD that would grant you as such, I would let your other claims fly in hoping there would be enough evidence together to grant the TDIU or schedular."

rdawg: "I would not withdraw any claims to try to speed things up on your PTSD. They are going to take the same amount of time reguardless."

interested: "I wouldn't recommend it, because you may not be service-connected for PTSD. It's best to keep your options open."

.... these comments are reassuring... suggesting I should simply hold the course at this point.

Berta: "VA has simplified the claim themselves-in my opinion by suggesting TDIU - have they sent you the 21-8940 TDIU form Yet?"

Yes they did, and it was filled out/sent in a few months ago.

and..."“(due to a major event at a Naval Air Station )” does your MOS and duty put you clearly at the same time and place of this stressor?"

Yes, clearly, there should be no question of this.

"Do you receive SSA disability ? Or SSI?"

No... due to very little income history I don't qualify for SS disability, and since I am turning 65 SSI will make almost no difference over claiming regular SS.... (which I will do soon, but have not as of yet)

No, I do not have a copy of my c-file at this time. But, yes, I am starting to make notes about how to respond should I need them.

interested: " Well, a C&PE is not absolutely necessary if "the evidence of record is adequate for a rating decision". However, generally a C&PE is required, if I intend to grant service connection. And, before I schedule a C&PE I have to have some good feeling that I could grant service connection, otherwise I'd be wasting an exam slot. Note: if you gave the VARO sufficient identifying information about the traumatic event, the VARO may be trying to get the deck logs from your ship to verify what happened. Or, maybe they're not."

I believe I gave the VARO sufficent evidence of at least the primary event (there were several) I suppose then, I wait and should probably expect a C&P eventually. I do know some folks have to wait a very long time.

About the pension... I do not have income or assets/resources. I am single, but am saved from homelessness due to good hearted people.

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