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New Claim Vs Tdiu



ok I need immediate advice, berta, if i could ask you...since you know what goin on...so the va is trying to locate the police report from my assault from 94-95, i sent them more evidence i.e. buddy letters ec.. I am already 50%ptsd but the ro called my this morning and said if i was gonna file for sleep apnea, i told him yes but i wanted to wait for this current appeal he said ill just add it and send you a form to be 100%tdiu, As i was thinking this they want me to file this 21-8940 so that they wouldnt have to pay the back pay from 2004? Thats what i think is going on PLEASE HELP!

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I don't understand the need for the police report of your assault if you are already rated for PTSD?? Getting the report will not increase your rating. They rate PTSD on your current condition, not how bad the incident may be that caused the PTSD.

It doesn't sound like they're trying to cheat you out of any back pay, to me.


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I agree with PR although I am not familiar with your case?

why do you think they will not pay you retro back to 2004? because they want to send you the 21-8940?

Thank you for your service Bud!


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I am 50% service connected for Ptsd, reading this will answer most of your questions

Ive posted before about finding my STR's, but please read as i am seeking answers.. thank-you all........at that time the soldiers started coming gone from iraq and afganistan with tbi and PTSD...i had the same symptoms, and i realized that i needed help.not only filing for my claim, but locating my records so in2012i once again filed, but this time, i foind some of my buddy's with whom i served with and they wrote Statements as to what the remember all-out that day. I also had included the MRI AND letters from my doctors... And i sent 3 requests to NPRC, NARA,, WHICH I have as proof and according to my VA caseworker i had all the correct evidence...and once again i ws denied...the buddy statements i submitted were deemed to be, "not credible ", according to the VA...
.now here's the best part.
.i wrote a letter to my congressman Scott Peterson, and his assistant, Sarah March, has stepped in to help me. I demanded to see my STR's at the VA regional office here in mission valley, san diego, ca...as I'm sstarinatg the VA officer s computer he cclickons my STR's and i immediately,flipp out...these werent even my records they were a veteran by the name Raymond Swear...in the in 1953...i immediately call congressman peters office, that was Dec. 8, 2014...i opened an appeal in Aug.and it hasnt been looked at since then...then on Dec. 10 2014, Raymond Swear entire medical records were delived to me...major breach of patient confidentiality, just for starters...i could go on, but when u view my file, i hope ufeel as frustrated as i am i continue to live alone, except for my service dog, i look forward to hearing from u soon.. I have made copies of my case, and its backed up on USB..

Thanks for all the help, I hope. this is especially for georgiapapa and Berta, after I emailed Allison she responded within 4 hrs stating that she had contacted the director of my Regional office in Southern Ca. that then was followed by an urgent VA staff in my hopes to finally grant my award from this TBI injury that happened 20 years ago. first the Director himself apologized for the mix-ups and let me know that the Director of the DRO's would contact me...the next morning he ( DRO Director called and said we are going to separate these two medical records that somehow got into your file making every claim of TBI you requested denied. After I do that then I will review the case including buddy statements that you sent us, that were deemed "not Credible". I was so happy for this news, then he said are there any documents pertaining to the assault? Uhhh, uuhhh, (????) There should be It happened on base and the MPs were the law, I went to the emergency room at the Military hospital, a Military detective took a police report, But isn't that why we are going through this whole ordeal....I could not locate MY in Service Medical Records, and the VA says they didn't have them , you should already know the answer...MY Medical records sitting on your desk never made it to me so HOW WOULD I know if its documented, I felt, as if, once again, the VA thinks i'm trying to BS them...REALLY?, Now maybe i'm being irrational, but the director of the DROs said that he want to wrap my claim up by the end of this week, then some person called me this morning and made a very brief conversation saying" There wasnt an exit exam done when you got out of the service im sending a notification letter.... That seemed very strange, I REMEMBER the exit exam, but i'm like really?, there should be all kinds of documents in there not just the one saying that there were/were not sacrs from the assault.To me it sounded like a denial of my claim, But like I said I may be overreacting,
i CANT SLEEP, because ive waited since 2004 when i first filed ( at that time i had no idea of compensation, I was told that if I was injured, service connected I would be given free healthcare, for this, has finally been acknowledged. This injury that has altered my entire life,( Its personal) constantly forgetting things misplacing items and the list could continue ad infinitum.
But Hopefully, (praying)...that I dont have to worry as much as how am I gonna Live off of my 50 % PTSD comp. but rather spend more time in cognitive therapy and maybe even be able to afford a small trip here and there.
. Its only thurs. evening So Ill know more later, thanks for all your support!!!!!!!!
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Tommy it helps to keep posts in the same original thread.....

Us old timers forget stuff and have to find the older posts.,to make a sensible reply....

I need to find my recent reply to you in another thread.........

I think I mentioned this is a 38 CFR 3.156© claim now......with proof of the TBI ...I.need to search for that thread....do you know where it was?

BTW, I also think you mentioned hadit member Mike Harris in a past thread here.....I heard from him yesterday......helped him shape a CUE claim...

He is still a very active advocate and helps vets one on one but that leaves him no time to be here.

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Here is the other post and my reply yesterday:

I would wait to see how the involvement of the director of your RO plays out.

I know it is frustrating but, as I mentioned here, I got many emails and calls the week of Feb 11th I think it was, then more last week,.and then a specialist finally READ my claim and my evidence and the VA said it would go fast.

I made a joke on that with the VA guy who called me....how does VA define fast?????

He verified every piece of evidence they had from me on the 2 claims I have.

That alone, after my dealings with this RO, for over 20 years ,and the H VAC testimony I gave about them years ago,

was a VICTORY in itself tp know someone had actually done that .

I got a signed response letter ( the 5103 letter )back to them in the mail yesterday and am willing to wait for the decision.

I don't care if it takes weeks or months to get here, as long as it is correct and I don't have to CUE it AGAIN.

I already CUed what this decision arose from twice,to even get to this point.

I had a distinct impression they made the decision already.But had to send me the 5103 letter to satisfy VA regulations.

The decision they make on your pending claim could possible warrant TDIU consideration.

You are where thousands of vets wish they were, someone is actually reading and working on your claim.

Try to fill the time with something not related to VA...

DVDs of movies are free to get for about 2 weeks at most libraries if you have a library card=which does not take long to get.

..The claims process, in my opinion, could Give anyone PTSD if they dont have it in the first place.

Believe me ,it helps to get our minds off this stuff as much as we can.I am totally exhausted by my long VA ordeals.

Edited by Berta (see edit history)
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I will put my 2 cents in, here, since something similar just happened to me.

I got a call from my VARO after emailing Allison Hickey. (Im seeking SMC S), and an EED. The rating specialist asked me if I wanted to APPLY for

SMC S. Wow, I did not know what to say..I hesitated...then said, "yes".

SMC S is statuatorily mandated when you meet the criteria..you do not have to apply for SMC S (especially since most Vets who are not on hadit dont know what SMC S even is)

This means if I am awarded SMC S, then they may well try to hornswaggle the effective date to be the "date I applied". If they do that, I will immediately appeal, and likely win an EED, as this is mandated when I meet the criteria, I dont even need to apply, so the "application date" is irrelevant, the only relevance is the date I met the criteria.

In short, the VA wants you to fight twice to win every benefit. They want you to fight to win the benefit, and they want to fight you again on the effective date. I know they do that, pretty much all the time, so you always have to fight the effective date.

Do you know what the chances are of winning a claim like this at the RO level:

Dear RO. I applied for PTSD in 1994, but you never processed it, so please give me PTSD backdated to 1994.

That wont happen. EVer. 100% PTSD back to 1994 is more than a half million dollars. So, expect the VA to make you fight for your half million..they aint giving it to you just because you deserve it. They will make you appeal the effective date, as a minimum, to the BVA. Even the BVA rarely, if ever awards a half million retro, even if its in black and white. They will come up with an excuse for a later effective date, as they aint parting with a half million easy.

Still, I made a judgement call: Which is best get your benefits then fight for the effective date or keep fighting for your benefits and the effective date?

Ans: We dont have a choice. VA has made this a "two step process", like it or not.

1. You fight for and win your benefits.

2. You fight for and win your earlier effective date.

The VA rarely grants both of these at once..but makes up an effective date to save money instead.

Edited by broncovet (see edit history)
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