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Helping A Rvn Vet - This Is What I Sent His Sister


carlie

Question

_______,

It was a pleasure talking with you last night and I'm so glad ____ has your help.

From what I understand from our conversation, the goals are to get ____ Medical & Mental Health Care,

and Disability Service Connection granted from VA - and we want it to be compensable as deserved.

Now hang on here because there is a lot to learn. Please hug your mom for me !

_______

Vet Center Info.

http://www.va.gov/rcs/

Vet Centers

http://www1.va.gov/directory/guide/state.a...LL&STATE=NC

38 USC

http://www.law.cornell.edu/uscode/html/usc..._sup_01_38.html

38 CFR - Here you should concentrate on Parts 3 & 4

http://ecfr.gpoaccess.gov/cgi/t/text/text-.../38cfrv1_02.tpl

M21-1MR - rules and regs VA is SUPPOSED to apply in disability claims eveluations.

http://www.warms.vba.va.gov/M21_1MR.html

veterans website

www.hadit.com or http://www.hadit.com/

If you have trouble getting into hadit (listed above) try here.

http://www.hadit.com/forums/index.php?act=...s&lastdate=

A website for veterans -- they can get a bit rough in here as far as they are mostly retirees and think we should know everything already but it's still a great tool for all veterans

http://p203.ezboard.com/bvetbenefits

SOME abbreviations VA uses.

http://www.hadit.com/glossary.htm

NOVA

http://www.vetadvocates.com/overview/Index.htm

PTSD - start to finish from one of the websites I use

http://p203.ezboard.com/fvetbenefitsfrm18....icID=1739.topic

RVN - research

http://25thaviation.org/id277.htm

VA Compensation and Pension Exam Worksheets SUPPOSED TO BE USED FOR EXAMINATIONS

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

Cold War Certificate

Both _____ & your Father are entitled to this certificate - even though your father is no longer here

you can still get this for him - perhaps your Mom, you or a grandchild would like to have it. The certificate is impressive in appearance except for being signed by a big jerk!

https://www.hrc.army.mil/site/active/tagd/c...application.htm

Vietnam Veterans Guide on PTSD

http://www.vva.org/benefits/ptsd.htm

Good RVN website for research

http://servercc.oakton.edu/~wittman/warlinks.htm

This is a Marine after action website but it may have useful info for you

http://1stbn4thmarines.com/AFTACTREP/afteraction-page.html

Army Commendation Medal --- IMPORTANT -- To Service Connect PTSD for a COMBAT VETERAN

it is not necessary to have all the bloody type information IF a veteran has certain awards on record

then VA HAS to accept the veterans LAY STATEMENTS concerning the incident.

http://www.tioh.hqda.pentagon.mil/Awards/ARCOM1.html

Decorations and Awards - IMPORTANT-- for the same reason listed above

http://www.tioh.hqda.pentagon.mil/Awards/ARCOM1.html

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 3—ADJUDICATION

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

Ratings and Evaluations; Service Connection

Browse Previous | Browse Next

§ 3.304 Direct service connection; wartime and peacetime.

(a) General. The basic considerations relating to service connection are stated in §3.303. The criteria in this section apply only to disabilities which may have resulted from service in a period of war or service rendered on or after January 1, 1947.

(b) Presumption of soundness. The veteran will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or where clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service. Only such conditions as are recorded in examination reports are to be considered as noted.

(Authority: 38 U.S.C. 1111)

(1) History of preservice existence of conditions recorded at the time of examination does not constitute a notation of such conditions but will be considered together with all other material evidence in determinations as to inception. Determinations should not be based on medical judgment alone as distinguished from accepted medical principles, or on history alone without regard to clinical factors pertinent to the basic character, origin and development of such injury or disease. They should be based on thorough analysis of the evidentiary showing and careful correlation of all material facts, with due regard to accepted medical principles pertaining to the history, manifestations, clinical course, and character of the particular injury or disease or residuals thereof.

(2) History conforming to accepted medical principles should be given due consideration, in conjunction with basic clinical data, and be accorded probative value consistent with accepted medical and evidentiary principles in relation to value consistent with accepted medical evidence relating to incurrence, symptoms and course of the injury or disease, including official and other records made prior to, during or subsequent to service, together with all other lay and medical evidence concerning the inception, development and manifestations of the particular condition will be taken into full account.

(3) Signed statements of veterans relating to the origin, or incurrence of any disease or injury made in service if against his or her own interest is of no force and effect if other data do not establish the fact. Other evidence will be considered as though such statement were not of record.

(Authority: 10 U.S.C. 1219)

© Development. The development of evidence in connection with claims for service connection will be accomplished when deemed necessary but it should not be undertaken when evidence present is sufficient for this determination. In initially rating disability of record at the time of discharge, the records of the service department, including the reports of examination at enlistment and the clinical records during service, will ordinarily suffice. Rating of combat injuries or other conditions which obviously had their inception in service may be accomplished pending receipt of copy of the examination at enlistment and all other service records.

(d) Combat. Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation.

(Authority: 38 U.S.C. 1154(b))

(e) Prisoners of war. Where disability compensation is claimed by a former prisoner of war, omission of history or findings from clinical records made upon repatriation is not determinative of service connection, particularly if evidence of comrades in support of the incurrence of the disability during confinement is available. Special attention will be given to any disability first reported after discharge, especially if poorly defined and not obviously of intercurrent origin. The circumstances attendant upon the individual veteran's confinement and the duration thereof will be associated with pertinent medical principles in determining whether disability manifested subsequent to service is etiologically related to the prisoner of war experience.

(f) Post-traumatic stress disorder. Service connection for post-traumatic stress disorder requires medical evidence diagnosing the condition in accordance with §4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. Although service connection may be established based on other in-service stressors, the following provisions apply for specified in-service stressors as set forth below:

(1) If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.

(2) If the evidence establishes that the veteran was a prisoner-of-war under the provisions of §3.1(y) of this part and the claimed stressor is related to that prisoner-of-war experience, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.

(3) If a post-traumatic stress disorder claim is based on in-service personal assault, evidence from sources other than the veteran's service records may corroborate the veteran's account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. VA will not deny a post-traumatic stress disorder claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran's service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred.

(Authority: 38 U.S.C. 501(a), 1154)

[26 FR 1580, Feb. 24, 1961, as amended at 31 FR 4680, Mar. 19, 1966; 39 FR 34530, Sept. 26, 1974; 58 FR 29110, May 19, 1993; 64 FR 32808, June 18, 1999; 67 FR 10332, Mar. 7, 2002; 70 FR 23029, May 4, 2005]

- TONS OF INFO HERE ! ! !

http://vietnamresearch.com/

____________,

This is some really important information I've laid out here. I've gone through about 450 different listings I have available to get you started. It has taken me several years of learning and I am so glad to be able to share it with you.

I suggest you both save this as a document or in your favorites AND print it out.

My best piece of advise is to tell ______ NEVER GIVE UP !

He is not a looser, lazy, good for nothing drinker. He has PTSD from the horrors of war and he has spent years medicating himself with alcohol and drugs because he hasn't had any help to cope with what he had to suffer from such a young age - this has followed him through out his entire adult life.

Our Department of Defense promised to leave NO ONE BEHIND - well that includes ________, he deserves

every bit of help available.

Please feel free to call or email me. I surely would like some information on his original VA claim and

information on his denial for service connected disability benefits.

If anything is going to be submitted to VA on _____ behalf I sure hope you can call and read it to me first or scan and send it as an email to me. Also, FYI, if someone is going to represent ____ on his claim - _____ will need to sign a form for the organization to represent him -- once he does this the organization DOES NOT NEED TO HAVE HIS APPROVAL on anything further to do with his claim. They can decide TO submit OR NOT submit OR forget to submit, in a timely fashion anything THEY choose to. If you have a good Veterans Service Officer (VSO) then it's great. If you have a VSO that is backed up and swamped with claims, not good ---- some VSO's will make you feel (to your face) like they are really going to be involved and help you then they do nothing, a good sign of this is if they don't bother to keep you informed or return your calls. STRONGLY SUGGEST TO BILLY TO GET A COPY OF EVERYTHING and KEEP A FILE,

ALWAYS KEEP YOUR ORIGINALS ! ! !

Always respond to VA in a timely manner anything you send to VA send it return receipt requested so VA has to sign for it. When you get the signed receipt back from the post office staple it to your original

paperwork in the file. Always put the veterans service, claim or social security number on each page

with their correct and current address.

_______

(Edna's, PROUD VETERAN daughter)

PS. I'm not spell checking this because I don't want to risk loosing anything.

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Carlie- you sure gave them lots of info----

Regarding PTSD and stressors-

The receipt of the PH is obviously a confirmed stressor.

Certain DD 214 awards denote combat and a lay statement from the veteran can often suffice- but this is clarified here and

this case shows what I mean:

http://www.va.gov/vetapp06/files1/0601297.txt

"The evidence necessary to establish the occurrence of a

recognizable stressor during service - to support a

diagnosis of PTSD - will vary depending upon whether the

veteran engaged in "combat with the enemy," as established

by recognized military combat citations or other official

records. See, e.g., Hayes v. Brown, 5 Vet. App. 60, 66

(1993); Doran v. Brown, 6 Vet. App. 283, 289 (1994). If VA

determines that the veteran engaged in combat with the enemy

and his alleged stressor is combat-related, then his lay

testimony or statement is accepted as conclusive evidence of

the stressor's occurrence and no further development or

corroborative evidence is required - provided that such

testimony is found to be "satisfactory," i.e., credible, and

"consistent with the circumstances, conditions, or hardships

of service." See 38 U.S.C.A. § 1154(B);

38 C.F.R. § 3.304(d); Zarycki v. Brown, 6 Vet. App. 91, 98

(1993). If, however, VA determines either that the veteran

did not engage in combat with the enemy or that he did engage

in combat, but that the alleged stressor is not combat

related, then his lay testimony, in and of itself, is not

sufficient to establish the occurrence of the alleged

stressor. Instead, the record must contain other objective

information that corroborates his testimony or statements.

See Zarycki, 6 Vet. App. at 98.

When there is a current diagnosis of PTSD, the sufficiency of

the claimed in-service stressor is presumed. Cohen, 10

Vet. App. at 144. Nevertheless, credible evidence that the

claimed in-service stressor actually occurred is still

required. 38 C.F.R. § 3.304(f). And credible supporting

evidence of the actual occurrence of an

in-service stressor cannot consist solely of after-the-fact

medical nexus evidence. See Moreau v. Brown, 9 Vet. App.

389, 396 (1996). Corroboration does not require, however,

"that there be corroboration of every detail including the

appellant's personal participation in the identifying

process." Suozzi v. Brown, 10 Vet. App. 307, 311 (1997).

Mere presence in a combat zone is not sufficient to show that

a veteran actually engaged in combat with enemy forces. Wood

v. Derwinski, 1 Vet. App. 190, 193 (1991), affirmed on

reconsideration, 1 Vet. App. 406 (1991). On the other hand,

whether a veteran has submitted sufficient corroborative

evidence of claimed in-service stressors is a factual

determination. Pentecost v. Principi, 16 Vet. App. 124

(2002). And in both Pentecost and Suozzi, it was held that

specific evidence that a veteran was actually with his unit

at the time of an attack is not required to verify that

attack as a PTSD stressor. Pentecost, 16 Vet. App. at 128

(holding that the Board erred in "insisting that there be

corroboration of the veteran's personal participation");

Suozzi, 10 Vet. App. 310-11 (evidence that veteran's company

received heavy casualties during an attack, even without

specific evidence that the veteran was "integrally involved

in the attack" was sufficient to reopen his claim for

service connection for PTSD). "

Some DD 214s that Vietnam vets have do not replect all of their medals and citations-

The BVA remanded this case but did note that the veteran did not receive a PH as he had claimed and was in administrative position during Tet- yet he claimed he was in mortar atacks and described a stressor during Tet.

This claim is odd-

1. I do not see where the BVA actually found he did not get the PH as there is no mention of application for a DD 215-

2. This incountry veteran also has diabetes and I did not see anywhere at all that the DAV advised him to file an AO claim for the diabetes.

The decision states:

"In March 2004, a VAOPT record indicates the veteran said that

he was a combat engineer in Vietnam and received a Purple

Heart Medal. (In actuality, he was an administrative

specialist and did not receive this commendation"

What is odd about this claim is that it was decided in 2006 and the DAV had full knowledge that diabetes (if adult onset Type) is presumptive to Vietnam vets-yet nothing indicates this was even a claimed disability.

Also this veteran had two periods of service- he could have possibly had two Vietnam tours and a change of MOS and also he could have received the PH.There is no further info on the second period of service nor any mention of what was on that DD 214.

???

Edited by Berta (see edit history)
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Berta,

The sister has his paperwork that shows he was awarded

The ARMY COMMENDATION MEDAL, in my research it says this award is for an act of heroism and her brother states he doesn't know why he got it. There's alot of things he doesn't remember but he says he wants to and he wants to find out what all happened, but he's afraid to because he knows he killed people. Does this medal carry much weight ?

Thanks Berta,

carlie

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The Army Times has this recent article mentioning the ACM:

R&R

News | MWR | Entertainment | Travel | Recreation Guide | History |

"August 14, 2006

Duty, Honor, Country: Medal was created to reward lower ranks

By Fred L. Borch and Robert F. Dorr

Special to the Times

To recognize non-combat achievement and service by soldiers in the lower ranks, Army Secretary John O. MarshJr. established the Army Achievement Medal in 1981.

At the end of the Vietnam War era, the Army had four awards for non-combat meritorious achievement or service: the Distinguished Service Medal, Legion of Merit, Meritorious Service Medal and Army Commendation Medal. The first two were rarely awarded to noncommissioned officers, let alone junior enlisted soldiers. "

Based on that- this award does not denote combat participation.

But on page 219 of the new VBM it states Army Commendation Medal (merit or Valor) under awards denoting combat participation- it also states that this medal -while denoting heroism-could be of a non-combat nature or combat nature.

What else is on his DD 214?

It could be wrong- I suggest that he send off a DD 149 and ask them to correct his DD 214 as far as any other awards and decorations that might be missing from it.

I will attach the form.

Carlie- if this is a PTSD claim- my husband was a combat vet with combat awards -

but one of his main Vietnam stressors did not involve combat at all. It was a horrible event- a "volunteer" USMC job in Vietnam. Someone at the VA remembered this event because it made the newspapers. This might have been the initial stressor they awarded him on in 1983. But there were plenty more-and he had to relay it all again in 1992.

The heroism this vet showed could well have involved a noncombat stressor.

"There's alot of things he doesn't remember but he says he wants to and he wants to find out what all happened, but he's afraid to because he knows he killed people." If he can pinpoint any ops he was involved in by his MOS-to date and place, this too would certainly be a stressor.

What was his MOS?

Here is the DD 149-he can disregard the injustice stuff-

dd0149.pdf

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