ptsd Gathering Of Evidence Development Letter

[shannan]

Hi everyone,

I am new to this forum. I've been looking through some of your forum for the past couple of months, but this is my first post (so i hope I'm posting in the correct thread).

I submitted my FDC in January of this year. I just recently received news that I am in the Gathering of Evidence phase. Please do not judge me for what i about to say. I know many of you served honorably and i only wish that that could have been my case (it haunts me every moment of everyday). I was raped in my Advanced Training Unit and did attempt to exorcise every effort to obtain a discharge to get away from my attacker. My chain of command kept "losing" my discharge paperwork and I was forced to remain around my attacker. I am not pleased to admit it, but after a failed suicide attempt, I decided in my naive 18 year old mind that my last resort was to go AWOL. I turned myself in and was given an OTH.

So to my point, I recieved a letter stating that they do not ordinarily grant disability benefits unless it is found that i did serve honorably, although i have severe PTSD, Major Depression, and Dythsmia due to MST (all diagnosed by the VA). The letter is also asking me for all evidence i may have and my statement. They also claim they have no knowledge of me having a representative. They are going to put my claim on hold for 60 days to wait for me to send the evidence.

My Amvets representative submitted all of my statements and evidence when he filed my ebenefits claim in January. He also made it clear on official letterhead that he was representing me on this claim. Also, when he submitted the claim, he certified that this is ALL the evidence that I had to submit. Have any of you ever recieved a similar letter? If so, how did you adress it? I dont want to re-send the evidence for fear they will knock me into a regular claim. Any help is greatly appreciated. Thank you.

[Pete53]

Welcome to Hadit. Your account is familiar and it may be possible for you to get service connected. I am not really well versed in the approach that you should take but don't give up and help is on the way.

[Chuck75]

'My Amvets representative submitted all of my statements and evidence when he filed my ebenefits claim in January. He also made it clear on official letterhead that he was representing me on this claim."

It looks like the VA may have "conveniently" lost at least part of the claim, or failed to properly read it. The rep should of had you sign a VA form appointing him/her as the representative. (Did this happen?)

Have you recontacted the Rep, and showed the letter?

In the past, the typical process was to get the OTH discharge changed, thus making a VA claim such as this simpler. With the VA's new scheme of things, this may not be required,

although I'm sure that many of the VA RO's would likely follow the old scheme until new directives are issued, and actually read.

Given the current politics, it might be advantageous to compare the claim with what is being said, and even become involved.

Edited May 9, 2015 by Chuck75

[shannan]

Chuck75 i just reviewed my ebenefits account. My account still shows each form and statement that my representative uploaded when he submitted my claim. So more i think they "conveniently" just didnt review the evidence submitted lol. I did sign forms for him to be my representative. Also, i received the letter late Friday, so i am waiting until Monday morning so i can get in contact with him to look into it further.

[Pete53]

Don't give up.

[shannan]

Thank you Pete53 :)