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
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!
Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation
Ratings and Evaluations; Service Connection
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§ 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.
(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]
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.
Question
carlie
_______,
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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