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Claim Nearing Decision Phase But I'm Concerned

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wpcoder

Question

I began a claim in August 2013, after going to the VAMC for the past 12 years from time to time for what they now call "anxiety and depression". I initially went to the VARO and they initiated a claim for "anxiety due to physical assault in basic training" and "back condition". Only on my second visit to the VARO did they provide me with Form 21-0781 for determining PTSD. The VAMC according to my medical records have never used the term "PTSD" in my file as of yet.

I have since gone to the DAV for representation, thanks in part to the great information on this website. I gave them my buddy statements to submit on my behalf since there was no documentation of the assault at the time.

I am concerned that as of today by file has been moved to the "Preparing for Decision" phase on eBenefits webpage. They estimate my claim to be complete between Jan 2014 - April 2014 - moving the window up one month from last week. That means my claim could be complete in less than six months total time.

I know I should be happy that it's not taking two years to complete, but this is almost too fast, maybe? They did the C&P for my back in October already (and have military documentation of a back condition on active duty), and I was not happy with the results when I read my records. I was unprepared and had not talked to the DAV yet, and didn't realize they rate your range of motion and not whether bending over causes you pain or not.

I have never done a C&P for PTSD or anxiety. Could they be using my medical records and buddy statements and not require a C&P? Or could that still happen?

I'm a bit naive on this whole process. I didn't even know there was such a thing as SC disability unless you got hurt in combat. Any help, thoughts, suggestions would be appreciated. Thanks.

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I had troubles filing for issues that resulted from an MST for years, it wasnt until i got my congressman involved that things started to happen. I think the higher ups thought i would just give rather than keep going, I refused to give up. My event happend in 1994, I didnt seek help until 2005 & the reason is that there was never any specific programs for MST victims. My ordeal was pretty big, involved a General Court Martial in Japan so there was plenty of evidence & paper trails, it was still a struggle to get rated. My advice is to keep going, find a good DAV rep and let them help you.

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I have a good DAV rep helping me with a reconsideration request. I am meeting with my mental health doc in the next couple of weeks, whom I am hopeful will write a nexus letter. I'll post an update in case anyone is curious how this ordeal ends. Thanks for your input, everyone.

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My ordeal happened in 1994, it wasnt even called an "MST", it wasnt until much later a title was actually given. Let me just say that it was not a quick process! I was initially rated at 10% for Anxiety which just made me furious, one for the crappy 10% & two, for not calling it PTSD. After several phone calles, visits, letters sent, I finally asked my Congressman to get involved-he made all of the difference in the world!!! I received a letter from the VA that said "we sympathize with you, but........", thats when i stopped reading and took other actions. I wanted to quote a line from Major Payne, telling them where they can find sympathy, "between shit and syphillus in the dictionary". Anyways, it took some time, but it finally worked out for me, i hope it does for you as well. Just don't stop, sometimes they bog you down w/paperwork and get you discouraged, don't let that get to you.

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