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Need help on continuation of my PTSD claim

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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
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7 minutes ago, Berta said:

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.)

 

 

 

 

Hi Berta! Wondered if u gonna see my post :)  Anyways, Yes I asked for my records. I cant see why the incident report, that they made me fill out, should be in my records. And I figured this would be a big key in all this. You seem " pretty knowlegable " and I appreciate your IMO's very much.

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13 minutes ago, Berta said:

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.)

 

 

 

 

here is a link to all posts by berta that have the phrase "buddy statement" in them and here's a link to the buddy statement article

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13 minutes ago, Berta said:

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.)

 

 

 

 

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

 

Just now, Tbird said:

Cool thanks. I know that buddy stat's would really help. But, I tried that ave and I'm having a hard time finding anybody. Found one web site. But they wanted money to join. FIGURES! :dry:

But I did find a soldier that was in barracks across from me. But doesn't know my ordeal. Just knows that someting happened. That was it. How I found him when I was trying to find pics from AIT class. Stumbled across a pic on the net, Ainsworth posted on the net somewhere. I poopin kittens when I saw it. I remembered taking the pic of the guys.

 

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This seems to be a classic case of "What evidence does VA have?" and "When did they have it?"

You need to order "more" than just your NPRC records, tho those are good, you need a copy of your Cfile.  

Don't "guess" what VA has/does not have.  This is your life and your benefits, so dont take chances with them.  

I do not know if you can get a copy of your cfile before your appeal period expires or not.  But you want to file a NOD before the year either way.  

1.  IF there IS this evidence in your C file, then VA either a) didnt read it, or misinterpreted what it said.  This is highly likely.  Berta often says VA wont read their evidence.  You file a nod, on the applicable nod form.  

2.  If the evidence is NOT in your cfile, then you need to resubmit this evidence (within the appeal period) and request a reopen due to 38 CFR 3.156.   YOu can ALSO file a NOD.   

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40 minutes ago, Berta said:

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.)

 

 

 

 

Funny you mentioned the NPRC.  Your talking about my records from St, Louis? Right? Last time I talked to them, they said I should get my records by April 11th.

I take it the stressor is what happened, and what gave me my issues.  And the incident report that the  1st sgt made me fill out would solidfy that right?

All in all, this " incident " is what gave me bruxism, MMD, anxiety, etc. I cant afford any kind of specialist. For my teeth (which you gotta be 100% @ the VA).

In regards to the derm for RSS (which my BDU's gave me the onset of that). The VA's derms suck/dragging their a** in regard to that particular issue).  I know, allot of people have way more serious than I  have.

I cant help but wonder If the VA doctors figure that I fought all these issues for yrs, why cant I put up with them for another 25 yrs. I just cant help but wonder about that. That's another reason why, besides $ for specialists, that I never pursued the Help from the VA ( yea another extension of the bureaucracy). And i really never knew about the VA till i was homeless for the 3rd time out in west coast.

Sorry bout my lil rant there, but tired of seeing/hearing Vets being kicked to the curb!

 

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14 hours ago, MudHugger71 said:

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!

Getting them via my (NPRC)   Personnel files. The only thing that I remember/indicated that the assault happened was an incident report of some kind that I was made to fill-out. I clearly remember filling out that document.  I wish somebody somebody would" have a clue as too what is the exact name of the document would be. You would think something that important would be there

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