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Working On Nod And Have Questions - Am Trying; Thanks

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cowgirl

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  • HadIt.com Elder

Thanks for reading this, here are few questions that may seem simple but I need to deal with:

a. Is the VCAA also called a Duty to Assist Letter? I was told that I didnt return the "VA Duty to Assist Letter. There is nothing "titled' Duty to Assist letter or when it needs returned. only the VCAA. Is this the goofy got to find it in the VA papers "request" for me to accomplish so they can make a decsiion on my case?

b. Isnt that "their opinion When the VA recites a statement such as" all reported by you to be caused by ....duty related stress,,,,,,,," I can only find that one time in my medical records howver found other repeated (reported by me) statements in over (30 plus) counseling visits (harrassement,traumatic deaths, assault, etc)

c. Whats a valid SMR retirement exam? Was told that SMR retirement exam "shows full recovery with no residuals of depression etc .......SMR retirement exam had a technician, No physical , no Dr, no mental heatlh etc. Service mh records span nearly 10 years, mostly outpatient sessions Am i VA loop now..

Of course, I am working NOD(s), IMO and collecting other health provider medical treatment records for support of my NOD/Appeal.

thanks, trying to keep stress down, discussion here is good and reassures me I am not the only one, cg

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Did you get a VCAA letter that had a highlighted section that told you specifically what you needed as evidence?

They should have also sent to you an Election form with two boxes and you check one , sign it, and return this form to them.

Under the VCAA topic Jangrin posted exactly what a VCAA letter involved.Maybe that is what they mean?

a"ll reported by you to be caused by ....duty related stress,,,,,,,," I can only find that one time in my medical records howver found other repeated (reported by me) statements in over (30 plus) counseling visits (harrassement,traumatic deaths, assault, etc)"

It seems to me that they need proof of a specific incident regarding these stressful events.

Do they have copies of these counselling records?

and do they have documented proof of the assault, harrassment ?

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  • HadIt.com Elder

Thanks for reading this, here are few questions that may seem simple but I need to deal with:

a. Is the VCAA also called a Duty to Assist Letter? YES

I was told that I didn't return the "VA Duty to Assist Letter". You don't have to sign or return the form

There is nothing "titled' Duty to Assist letter or when it needs returned, only the VCAA [letter]. Is this the VA paper "request" for me to accomplish so they can make a decsiion on my case? They don't need your VCAA response to decide your claim however, the VA must show they sent it to you.

b. Isnt that their opinion When the VA recites a statement such as "all reported by you to be caused by ....duty related stress" I can only find that one time in my medical records. However, I found other repeated statements in over (30 plus) counseling visits (harrassement, traumatic deaths, assault, etc)

duty related stress vs traumatic stress Seems the VA is trying to weigh the evidence in their favor! Apparently, they have chosen to focus on a single piece of evidence of self-reported duty stress vs. numerous reports or allegations of traumatic stress. You best set them straight on this issue! If there is evidence in your SMR of traumatic stress, or self reported traumatic stress, you need to get them to examine the evidence. Remember, the VA is notorious for ignoring evidence!

c. Whats a valid SMR retirement exam? No such animal, not unless you were 20 plus years active duty. You should have had an Exit Exam or Discharge Physical Exam. Do you have a copy?

Was told that SMR retirement exam "shows full recovery with no residuals of depression etc.

SMR retirement exam had a technician, No physical, no Dr, no mental heatlh etc. Service MHealth records span nearly 10 years, mostly outpatient sessions . . .

Do not understand "SMR retirement exam had a technician, No physical, no Dr, no mental heatlh etc. Whay are you trying to say?

Do you have copies of your out-patient sessions???

Of course, I am working NOD(s), IMO and collecting other health provider medical treatment records for support of my NOD/Appeal . . .

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  • HadIt.com Elder

thanks am processing the responses, will digest and process! near tears when I wrote that, gonna get better day by day, I trust. Still seeing VA dr meanhile; other claim PTSD in also Other physical ailments going in for increase as well. Other than that I feel tolerable today thanks to Hadit! cg

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