Jump to content
VA Disability Community via Hadit.com

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

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Claim Sent In 2010 - Went To Raters Now Back In Develop. For Other Reasons Not Claimed

Rate this question


usmcgirl

Question

I submitted my claim back in december 2010 for PTSD related to MST that was never reported. Originally I was awarded 30% for Major Depressive disorder on my original award when i got out of the military in 2007. I never reported the rapes due to the fact that when I tried I was laughed at half way through when I was telling them what had happened. When I submitted my claim this time around in 2010 for increase since my disablility has gotten much worse - I had witness statements from my roommate along with other other Marines during that time back then that noted a distinct change in me along with one of my family members. My claim went finally went to the raters in august 22 of 2010. I called on thursday 10/ 20/2010 and my claim was still at the raters. I checked Ebennefits on Sat. 10/22/2010 and my claim had been sent back to developemental stage saying that i needed more evidence for : alocohol dependency, self mutilation, and insomnia. But i never claimed any of these. these were all in my files from my doctors at the VA and witness statements. I don't have any "evidence" of them except what is in my files from my doctors at the VA and what is in my service med record and SRB on PRO/CON. As far as the self mutilation goes....I hid that and the VA was the one who found out about that. Yes it's all directly related. but I don't understand what they are asking me for - to provide evidence for - when they have it all. and I never claimed it. . .can anyone help me out on this?

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I submitted my claim back in december 2010 for PTSD related to MST that was never reported. Originally I was awarded 30% for Major Depressive disorder on my original award when i got out of the military in 2007. I never reported the rapes due to the fact that when I tried I was laughed at half way through when I was telling them what had happened. When I submitted my claim this time around in 2010 for increase since my disablility has gotten much worse - I had witness statements from my roommate along with other other Marines during that time back then that noted a distinct change in me along with one of my family members. My claim went finally went to the raters in august 22 of 2010. I called on thursday 10/ 20/2010 and my claim was still at the raters. I checked Ebennefits on Sat. 10/22/2010 and my claim had been sent back to developemental stage saying that i needed more evidence for : alocohol dependency, self mutilation, and insomnia. But i never claimed any of these. these were all in my files from my doctors at the VA and witness statements. I don't have any "evidence" of them except what is in my files from my doctors at the VA and what is in my service med record and SRB on PRO/CON. As far as the self mutilation goes....I hid that and the VA was the one who found out about that. Yes it's all directly related. but I don't understand what they are asking me for - to provide evidence for - when they have it all. and I never claimed it. . .can anyone help me out on this?

IMO, it appears as though the VA is doing its due diligence to find a way to infamously rubber stamp your claim denied.

In my experience (with my own case(s) and now helping other veterans with their claims), it is very - VERY IMPORTANT - that you do not let any denial letter put you down or make you quit the process. That is what the VA wants, despite what some may say to the contrary. Members here and across other veterans forums I have been with veterans from across the country all have different experiences with the VA and Veteran Service Organizations and Officers helping them with their claim(s). Some go quick and easy, others slow and VSO's not so helpful.

In order to understand more of what the VA is trying to do and for you to better communicate to the VA, especially during C&P exams and in submitting letters on your own behalf - as well as others writing them in support of your claim regarding their observations of you and your behavior (lay evidence is valid and supportive of a claim as it testifies to the symptoms of the condition), you really need to do some research into MST and PTSD. That is if you have not done so already...point being, the more you know about what you are going through, one - it will help you cope better, and two - you will be able to better communicate with the VA in properly communicating with them regarding your claim(s). The more you know, the better off you will be in telling the VA what they need to know in order to approve your claim(s) under the CFR and USC guidelines for service-connected disabilities.

Link to comment
Share on other sites

oh no! so what should I do so my claim doesn't get denied?? I have already had all of my C & P exam's for PTSD which all pointed to SC along with all the other doc's and nexus letters that SC'd the MST....all of that done and now I get this letter for stuff that I didn't claim....

IMO, it appears as though the VA is doing its due diligence to find a way to infamously rubber stamp your claim denied.

In my experience (with my own case(s) and now helping other veterans with their claims), it is very - VERY IMPORTANT - that you do not let any denial letter put you down or make you quit the process. That is what the VA wants, despite what some may say to the contrary. Members here and across other veterans forums I have been with veterans from across the country all have different experiences with the VA and Veteran Service Organizations and Officers helping them with their claim(s). Some go quick and easy, others slow and VSO's not so helpful.

In order to understand more of what the VA is trying to do and for you to better communicate to the VA, especially during C&P exams and in submitting letters on your own behalf - as well as others writing them in support of your claim regarding their observations of you and your behavior (lay evidence is valid and supportive of a claim as it testifies to the symptoms of the condition), you really need to do some research into MST and PTSD. That is if you have not done so already...point being, the more you know about what you are going through, one - it will help you cope better, and two - you will be able to better communicate with the VA in properly communicating with them regarding your claim(s). The more you know, the better off you will be in telling the VA what they need to know in order to approve your claim(s) under the CFR and USC guidelines for service-connected disabilities.

Link to comment
Share on other sites

Since you talked about it in your one on one and if the RO asks you about it, tell them it is in your VA records. the RO most of the time only go back to the last rating. Since the VA found that you self med once they will see it if you point it out again. also you do at time have to remind them that your buddy statements have to be used too as per the regulations. the rater tend to try and not to use them thinking they can pull a fast one on you.

I submitted my claim back in december 2010 for PTSD related to MST that was never reported. Originally I was awarded 30% for Major Depressive disorder on my original award when i got out of the military in 2007. I never reported the rapes due to the fact that when I tried I was laughed at half way through when I was telling them what had happened. When I submitted my claim this time around in 2010 for increase since my disablility has gotten much worse - I had witness statements from my roommate along with other other Marines during that time back then that noted a distinct change in me along with one of my family members. My claim went finally went to the raters in august 22 of 2010. I called on thursday 10/ 20/2010 and my claim was still at the raters. I checked Ebennefits on Sat. 10/22/2010 and my claim had been sent back to developemental stage saying that i needed more evidence for : alocohol dependency, self mutilation, and insomnia. But i never claimed any of these. these were all in my files from my doctors at the VA and witness statements. I don't have any "evidence" of them except what is in my files from my doctors at the VA and what is in my service med record and SRB on PRO/CON. As far as the self mutilation goes....I hid that and the VA was the one who found out about that. Yes it's all directly related. but I don't understand what they are asking me for - to provide evidence for - when they have it all. and I never claimed it. . .can anyone help me out on this?

Link to comment
Share on other sites

great advice! I appreciate it! I will certainly tell them this. again i am really greatful for your advice!

Since you talked about it in your one on one and if the RO asks you about it, tell them it is in your VA records. the RO most of the time only go back to the last rating. Since the VA found that you self med once they will see it if you point it out again. also you do at time have to remind them that your buddy statements have to be used too as per the regulations. the rater tend to try and not to use them thinking they can pull a fast one on you.

Link to comment
Share on other sites

great advice! I appreciate it! I will certainly tell them this. again i am really greatful for your advice!

Send a picture of the proof of the cutting. This is a symptom that you reported as due to the service connected condition. Also ask for a scar exam for residual scars secondary to your psychiatric condition. If your alcohol dependence came about as a form of self medication for your psychiatric condition, then there may be something there.

Link to comment
Share on other sites

  • HadIt.com Elder

x

x

x

MC, Since you are already service-connected for major depression, you could file for an increase in disability. You can only be compensated for one mental disorder, see 38 C.F.R. 4.130 Schedule of ratings—mental disorders.

You can keep working on your PTSD claim if it makes you feel better, but the VA is not going to compensate you for having two mental health diagnoses. Just one. Do not do anything to cause them to doubt your primary SC condition (depression). Just keep active in therapy for depression, take your meds for depression, and keep copies of all med records.

File for an increase in your SC disability when you get way-layed ... Welcome to Hadit from a sister vet. ~Wings

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use