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Gathering Of Evidence Development Letter

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shannan

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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.

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Did you fill out the VA 21-0781a? You must fill that out for your PTSD/MST claim. Please read the form and fill out and submit. You are your own best advocate. The clear marker's are good for you. Not continuing your therapy isn't good and I would recommend you go back to therapy. You need it for your state of mind.

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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Navy4life yes i did fill out that form. I had the rare luck of getting an Amvets representative that is actually a military attorney. He had me fill out everything that the RO just requested again in that letter. I actually prefer more holistic treatment methods such as reiki and acupuncture. Im not a fan of VA meds and the treatment seems to exacerbate my symptoms further.

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I Went ahead and emailed Bob and Allison. I let them know that all my forms were submitted on ebennies by my representative. I have confirmation that they were recieved in fact. I also let them know that i believe that careless behavior like that letter need to be fixed. This has triggered my PTSD and suicidal thoughts (dont worry i wont give them the satisfaction of dying. Im just saying i am feeling that way). I also let them know that i am certain i am not the only one who has recieved a similar letter. Its no wonder veteran suicide rates are so high. I asked them to put an end to this behavior from the VAROs.

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Hey Shannan. Question. Did you say you were OTH-Other than honorable? Did they do a character of discharge at the VA? I know that having UTH-Under honorable discharge puts you in the clear. But even having an OTH in your circumstance with the MST-PTSD is in your favor. I did a character of discharge at the VA where I work. The VA has to make the decision to overturn OTH or sometimes dishonorable discharges for VA disability benefits. If you have a valid reason for the discharge, which it looks like you do then it will all work out.

What happens is the VSR that develops your claim will send you a letter with a suspense date of 65 days letting you know that we are aware of your character of discharge. Once the time is up the VSR looks or has looked in your file such as service treatment records and personnel records to verify what you were discharged for. Then the claim is given to a supervisor in order for them to make the determination as to grant you eligibility to disability benefits.

You can definitely use the MST as your leverage for the discharge you received in order to get the benefits you are claiming.

Also I hope other vets on here are reading this because I want to make a very important statement.

WHENEVER THE VA ASK YOU FOR INFORMATION OR FROM A THIRD PARTY FOR YOU SUCH AS MEDICAL PROVIDER ETC...PLEASE TURN IN PROMPTLY...SO MANY TIMES CLAIMS ARE HELD UP BECAUSE OF THIS...LASTLY IF THE VA CALLS YOU FOR INFORMATION PLEASE PROVIDE THEM WITH THE INFORMATION AND DONT LEAVE ANYTHING OUT.....THANK YOU...GOOD LUCK.

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