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Ptsd Claim

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Buck52

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  • HadIt.com Elder

I want to file a PTSD claim Diagnose by VA Physiatrist, but I need to get my service records first, I sent off for them from the St Louis office but still not heard anything its been about 3 weeks ago, should I request my C-File too before I file this claim?

I wanted to make sure I have my stressors....and see what all is in my C-File

I know time is wasting for my EED but I just want to make sure I cover everything before I file and don't want to be trapped by the VA and get denied.

I am currently 90% combined rating for hearing loss with tinnitus inferred TDIU P&T for the last 13 3/4 years consecutively.

would the VA hold that against me? thinking I'm being greedy?

I wanted to try to get housebound SMC's

I was thinking about filing a FDC for this PTSD.

ANY SUGGESTIONS?

Thanks

..................Buck

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I have heard that since a C-File request is considered a claim if you file for your c-file then a month later file a claim you wont get either until both are done.If i were you i would go online on ebenefits and go to the apply for compensation, start it, finish the basics and then save it. This will save you EED date and also automatically file you a "intent to file" which will save your place in line so to speak for retro. You have ONE YEAR to complete it. So i would start that today to save today as your EED date and then file the 3288 to get your C-file

This is what i put in the 3288 section for "information requested" if it helps (below).

File the form 3288 with whatever claims intake center covers your region.

Mine was supposed to be done a month ago, but i also had a current claim so that could be holding it up.

the answer to your last question, no, the va should have no feeling whatsoever. There is no "too much" there is only, SC and non SC. thats it.

Regardless even if some Rater cretin felt like you were being such, as long as the evidence is good they have no choice in the matter, or if they decided to be greedy themselves and deny a good claim they will end up with egg on their face in the future.

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I hereby request a unredacted copy of all documents contained in Mr. XXX's claims folder, including, but not limited to, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides; including all handwritten notes, post-its and all decision forms or blue sheets as they are sometimes known.

Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i).

Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.” “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)©(ii).

Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R.§ 1.553(d).

Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the filing of a federal lawsuit to compel the production of the information.

This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA.

Thank you.

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  • HadIt.com Elder

Buck

Do you have a CIB or PH or any other medal or badge that shows combat? If you have those you don't need to prove a stressor. What you have is all you need to file right now which is a VA diagnosis of PTSD. I would not wait for records or anything else. I would file today and wait for the records to show up. Did you ever fire your weapon in anger? That is enough since you have a DX from the VA for PTSD. Were you ever scared for your life in Vietnam. That is a stressor according to new rules.

John

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  • HadIt.com Elder

Thanks USMC_VET

I'll sure do this Thanks a Million Buddy.

Johnn999, yes I was scared for my life a few times in enemy territory outside my compound. on Highway 1

Thanks guys I appreciate your help.

.........Buck

Edited by Buck52
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  • HadIt.com Elder

I also need to know if ME being TDIU P&T Could the VA take that away from me and rate me with PTSD?

Heres the kicker....if they rate PTSD 50% or say 70% would they take my TDIU P&T away and rate the PTSD? OR DO They let me keep the TDIU P&T From my original claim about 14 years ago & rate the PTSD Separate?

I understand if I get a 70%rating for PTSD I can ask for SMC's Housebound Beings I already have the TDIU Rating?

Am I playing with Fire here? as for as keeping my rating? unless the VA Inferred the SMC?

...............Buck

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  • HadIt.com Elder

Personally I wouldn't file, for PTSD, as, I believe, you are already rated for a mental disorder and "I believe" they won't rate you any higher. They usually only give one rating for mental disorders. Also, they could look at your TDIU claim again.

You can request an SMC "s" award based on the fact that you are TDIU and you rarely leave your home, except for appointments caused by your SC conditions. jmo

pr

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  • HadIt.com Elder

PR,

AS for as I know I am rated for Noise induced hearing loss caused by military service was rated 50% then file for increase a few years later got 10% for tinnitus raised me to 60% and 30% increase for hearing loss combined rating of 90% pushed up to TDIU P&T. almost 14 years straight.

Recently June 4th of this year

As for as I know this is the first time I ever been diagnosed for a M H Disability.

I always had problems just never told anyone , until my spouse mention everything to my VA pcp.

Doc sent me to MH.

I am currently helping a veteran with his claim and now I have one for my own.

so lots of researching and reading for me...along with me trying to lose weight before that becomes a problem for me....seems they just ain't enough time of the day for me anymore.

.........Buck

Edited by Buck52
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