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New And Need Help On Denial Letter


rwoods04

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Hi,

I am new to this forum and I am looking for any help/assistance that I can get. I got out of the military in 05 (USMC) and I had been to Kuwait and Afghan during my service years. When I got out, my focus was to hurry up and get a job because I had a family to support. I was not at that time thinking about filing for disability...I just wanted to make sure I could support my family. I guess I really didn't want to talk about how I felt inside either to anyone... to make a long story short... here it is 2014 now and I have decided to see what I can do far as a claim. The sad thing is, I have NO evidence...I didn't report anything during my service -nothing! So it is like my word only is what I have. I sent in a claim but they denied - I am not too surprised but I would like appeal it- mainly because I know I do have symptoms of PTSD and I have hip problems from sleeping on cots... any advice??? Is it worth trying to appeal with little evidence???

Please any advice would be appreciated...not really sure what to do... when I sent my first claim in I had to do a written statement...but they sent me a denial letter because of evidence and they said they never received my paper work??? not sure why, I sent it to the correct address...very frustrating...

Thanks for your advice in advance

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The most important thing you need to do right now is to educate yourself and familiarize yourself with the VA disability claims process. You should not submit more claims until you know exactly what you are doing or have a VSO rep who can assist you. Personally, I prefer to file my own claims because I know I will give my claims the attention and time they deserve. It is hard to find a VSO rep who has the time or the motivation to properly handle claims. You can find everything you need on the Hadit website. If you don't fully understand something, ask questions on the Hadit forum.

Research your medical conditions so you will understand what the VA C & P examiners and VA rating officials are looking for regarding your conditions. Get a copy of a PTSD DBQ to get an idea of what type of symptoms the VA is looking for regarding PTSD. When doing your research on PTSD, make sure you are looking at the most recent information regarding PTSD stressors as the VA policy changed a couple of years ago.

I usually only recommend using the VA healthcare system as a last resort. However, in order to eventually file a PTSD claim with the VA you have to be diagnosed with PTSD by a VA doctor. If you are not already in the VA healthcare system, sign up and request an appointment with a mental health doctor (psychiatrist or psychologist) to see if you have PTSD. If diagnosed, with PTSD, start treatment ASAP so you will have VA medical records to assist you when you file your PTSD claim in the future.

You can also start gathering buddy statements from anyone who can attest to the fact that you have been displaying PTSD symptoms.

Gather statements in support of claim from family members who can verify your medical problems. If you have any civilian medical records regarding your hip condition, get copies in preparation for a possible future claim. You might also want to try to get an IMO (Independent Medical Opinion) from your civilian doctor to support your claim for a hip condition if he/she believes it is service connected. You can find info on IMOs on this website.

Again, make sure you know exactly what is required by the VA before submitting new claims. If you do it right the first time, you might avoid many years of waiting during the appeals process. Don't be in a hurry.

Good luck to you and thank you for your service.

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In regards to your denial letter from the VA, how long has it been since your claim was denied?

What conditions did you file claims for?

If it has been more than a year since your denial, you will have to have new and material evidence in order to reopen your previous claims. If you did not submit any evidence or the VA has no records of receiving any evidence for your denied claims, all evidence you would submit now should be considered new.

Provide as much info as possible regarding your denied claims so Hadit members will be in a better position to help you.

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Great advise from Georgiapapa!

I can only add that, since you are OEF, the 2010 regulations for PTSD ,along with a diagnosis from a VA MH professional, must show that you were in or near hostile activity and/or feared hostile activity due to proximity to it, usually proven by virtue of your MOS.

A CAR, PH, or CIB on your DD 214 will be proof of a stressor but

best to read the actual regs yourself......to see how they can reflect your stressor situation:


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I agree with the guys above. I myself have personally helped a lot of Vets that had no actual Military Medical Record help. You can still get SC for PTSD, you just have to go the long way around and get whatever other Paper Evidence that you can come up with. God Bless and good luck

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Hi,

I am new to this forum and I am looking for any help/assistance that I can get. I got out of the military in 05 (USMC) and I had been to Kuwait and Afghan during my service years. When I got out, my focus was to hurry up and get a job because I had a family to support. I was not at that time thinking about filing for disability...I just wanted to make sure I could support my family. I guess I really didn't want to talk about how I felt inside either to anyone... to make a long story short... here it is 2014 now and I have decided to see what I can do far as a claim. The sad thing is, I have NO evidence...I didn't report anything during my service -nothing! So it is like my word only is what I have. I sent in a claim but they denied - I am not too surprised but I would like appeal it- mainly because I know I do have symptoms of PTSD and I have hip problems from sleeping on cots... any advice??? Is it worth trying to appeal with little evidence???

Please any advice would be appreciated...not really sure what to do... when I sent my first claim in I had to do a written statement...but they sent me a denial letter because of evidence and they said they never received my paper work??? not sure why, I sent it to the correct address...very frustrating...

Thanks for your advice in advance

Welcome.

Please post the date of your rating decision along with all of and what exactly

is stated in the Reasons and Bases Section of the decision.

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Thanks for the advice.... since my first initial post I contacted the VA they said they never received my stressor statements this is the reason why they denied everything so before I send my NOD in to the VA should I see a local Psychiatrist to further back my claim.

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It would be helpful if you could post the reason for denial. However; first truly understand why they denied the claim and then contest the reasons for denial with good medical evidence.

1. In service incident of sickness, disease, or injury.

2. Post service treatment of disability.

a. residuals (symptoms)

b. chronicity (is this a permanent status)

c. DBQ

3. Connect current disability to inservice incident.

a. nexus letter

b. Continuity of care

"NEVER GIVE UP"

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