Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Need help on continuation of my PTSD claim

Rate this question


MudHugger71

Question

Gonna try to make this short as possible. :smile:

I'm in need of pointer's on the " proper sequence or arm myself w/ the right ammo! THANK YOU!

1. My claim was FUBARD BY two VSO's. First VSO, she didn't fax the attachment. Second VSO seemed knowledgeable But, I figured out on my own that he uses old forms " which makes the VA people puke. In the end, he went narcissistic on me. Third one said, " too much paper work!

2. The POA said that she'll take care of my PTSD claim after I get the rest of my records from St. Louis.  (which I'll be getting really soon according to the NPRC). And what do u guys think about...that the 3rd VSO said " Too much paperwork ".

3. Since I've researching all this stuff now, I backed off my claim, I havn't done an appeal/ NOD.  Still trying to figure out the order/"best-sequence" of things to con't with this. DAMN! I love a good fight, but a super-soaker to a " gun fight " LOL.

Like toddt said-  " be your own advocate  - Get smart on things -  Use the heck out of this site, use other reference sites such as the Board of Veteran's Appeals site and get smart on what is needed to support your claim".

Most importantly. I APPRECIATE EVERYBODY'S help ON HERE!!!

 

 

 

 

 

 

Edited by MudHugger71
got rid of uploaded files
Link to comment
Share on other sites

Recommended Posts

  • 0

The obvious problem is SC, to start off.  They are denying off of two different issues.  One is what is not in your service records or your SMRs., at least from what they say and the other is that they are claiming there is no record of the event listed as your stressor.    Do you have both of these and they missed them or do you not? 

Link to comment
Share on other sites

  • 0

I'll put it to u this way...I hope the first VSO didn't FUBARD my claim beyond help.

1. "One is what is not in your service records or your SMRs"

- There's a document that I was made to fill out/incident report of some kind. Something so important and being threatened with Leavenworth, in lieu of protecting myself. You would think It's somewhere. Even tho the perpetrators were busted in quarters. Obviously, If i would have remembered the "exact form", it definitely would be easier to find. :blink:

2. "the other is that they are claiming there is no record of the event listed as your stressor. "

- The so called " official " VSO that faxed my claim didn't send the first stressor statement. aka lost it. Gave her another. Everything got fubard. Also why she didn't tell me to get " all " my records before filing?

- I wont go into too much detail, but the (narcissistic-woman)  really pissed off my other 1/2 on the phone. It was totally UN-called for put it that way.

- Anyways, trying to move forward. Just need some "really good IMO's/other vet's personal experiences.

Edited by MudHugger71
wording/ spelling issues
Link to comment
Share on other sites

  • 0

I should be getting my records from st. Louis sometime next week. According to their records intake people etc. But now I'm a quandary about sending a reconsideration or a NOD. After three VSO's going awol on me, decided to go DIY route. I just gotta keep plugging away till I "edjumacate" myself in order to make things happen. Just need a few nudges here and there. THANKS. Appreciate everybody's help. It's worth gold to me.

 

Link to comment
Share on other sites

  • 0
1 hour ago, TALON II FE said:

The obvious problem is SC, to start off.  They are denying off of two different issues.  One is what is not in your service records or your SMRs., at least from what they say and the other is that they are claiming there is no record of the event listed as your stressor.    Do you have both of these and they missed them or do you not? 

Just to let u know I'm new at this. So bare with me. :)

If u don't mind? leave me a message on here stating what time frame to catch you on here? sometime tomorrow afternoon. THANKS Brother!

Link to comment
Share on other sites

  • 0
  • Founder

if there is anything in your service medical records related to the assault it could be useful in your claim. is the stressor document you refer to something you wrote up? if so, then you are going to need some way to connect it to service. perhaps there is a record with the mp's about the assault or a letter you wrote home talking about it and or someone you spoke to a friend, a doc, anyone that can vouch for you and the incident. PTSD has a pretty strict criteria for compensation, it must have happened in service and you must be able to prove your stressor. they will take buddy statements or letters from docs or chaplains and others you may have talked with.

you may also want to check out this article from VetWow about mst claims Winning a MST Claim there is also check out Chris Attig's article Advice for Veterans with Military Sexual Trauma Claims

also check out this article How to File a Well-Prepared MST Claim below is from this article regarding evidence:

Evidence
One way that MST claims are treated differently is the use of “alternative evidence.” In the past, evidence of sexual assault (service medical records (SMR), police reports, and rape-kits) was often "sanitized" (deleted) from military records. Or, evidence never existed in the first place because the victim did not come forward for fear of retaliation and/or reprisal. Because MST claims usually lack “traditional” evidence, a person filing for a service-connected condition, mental illness and/or a physical disability caused by MST can fill out VA Form 21-0781a. The information requested through this form can help you supply the evidence you will need to substantiate your claim. 

 

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

  • 0

I noticed they mention the STRs in the decision but did not list them as Evidence.That makes me wonder if the VA even attempted to get them.

I hope you also requested from NPRC your 201 inservice  (Personnel) files as they could contain something regarding the stressor.

You got great evidence above from others. Buddy statements can be powerful to co-oborate stressors.

Just about every unit has a web site on line and they often have re union rosters.

Also I found a buddy for a member here within a few minutes simply by googling his name, and then verifying his MOS with info from the google links as there were others with similar names who popped up in google search but he was easy to narrow down.

 

I did an article on Buddy Statements here available under a search....basically, it says  they must give the VA their contact info,

must have been in the same unit, time, and place as the stressor, and give as many details as they can. It also helps if they get their signature notarized.

A claim my daughter helped with years ago involved one of the buddies sending VA a letter on behalf of the claimant she helped, and he referred them to his 100% PTSD award letter , enclosing a copy of it, and said his PTSD was from the exact same incident that the vet she was helping, had claimed as stressor. The vet she helped did get his PTSD award.They found 3 more buddies too who all got SC for PTSD for the same incident.

(It was beyond the word 'incident' but I already rattled off those details here years ago.)

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use