Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Seven Months And Need Help

Rate this question


midnight340

Question

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.

Edited by midnight340
Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

According to an SO who I respect, if your income is so insufficient that you would be homeless without good hearted people who provide you with a couch or bed in their home, small trailer, old car, small boat or any other mobile roof over your head that was not designed as a primary abode, you still meet the legal criteria for claiming that you are homeless.

A veteran I assisted recently had been living in a small van which was documented in his treatment records by several different clinicians for a period of over ten years. The veteran did not consider himself homeless. However, the SO got his claim for an increase expeditied. It took a little over 3 months.

Do you have your service medical records and personnel file? Where you treated or did you complain of a anxiety while on active duty. Where there any notes in your personell file. I have assisted a least a dozen veterans from the Viet Nam era in getting service connected for mental conditions other than PTSD based on symptoms noted in the SMR. I have had success getting DSM II diagnoses of personality disorders re-dignosed to service connectable anxiety disorders up to 40 years after discharge. Several of these veterans still post to this board.

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

I have whatever packet of papers given to me upon discharge (honorable)... nothing else. I came from farm people who were proud of NEVER going to a doctor. And NEVER talking about how you FEEL or how something affects you.

So no... nothing on record. Many failures at things...three marriages and divorces, quite a few other "attempted" relationships, and about thirty-some moves, and a lot of years later, no career in spite of college education, seldom keeping a job for more than a few weeks..... no money, no resources... I get this PTSD diagnosis. Too late to do much about it. But a lot of people seemed to think I should do this claim.... so I did.

I am seeing a VA social worker regularly, the psychiatrist once in a while. I am on a number of meds. I see now that I was very affected by what I witnessed, and what happened to me.... but I do know that proving it to the VA is something else.

Edited by midnight340
Link to comment
Share on other sites

  • HadIt.com Elder

You worked one of the hardest steady jobs there is for 4 years while working on a flight deck in the Navy. I also worked on a flight line at NAS Oceana in 1968 and 1969 until my disabilities resulted in my being discharged. The Navy did not give away stripes to airdales. The fact that you made E-5 in four years proves that you were a hard working and focused individual. Something obviously happened that affected your ability to function. If it were up to me I would approve your claim. Unfortunately,the VA will run you through more hoops and rings.

Hang in there and thanks for your service.

Keep posting to hadit

Edited by Hoppy

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

  • In Memoriam

21-527 is the pension form to fill out if you are awaiting VA claims.

Wish I would have taken Berta's advice years ago. I filed multiple claims, and it took around 6 years for many of the claims to be granted. There are still three claims waiting on a decision now since 2002. I just didn't know any better.

I am curious, were you at NAS Lemoore (around Fresno, Ca. area) in 1968-1970. I was on the flight line and worked on the flight deck also.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use