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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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77 recruit

Just filed an intent to file

Question

I am just starting this journey 42 years after I was assaulted and I've been an anxious mess ever since!

I was having a conversation with another gal when she mentioned she was an MST survivor and is receiving disability for ptds/mst.  Her trauma was 32 years ago and after talking with her I thought it was about time I did something about it.  I went to the local vet center and I was given an appointment to meet with a therapist.  I had NO IDEA this has been available to me all these years.  I have gone to therapists thru the years but would not continue mostly due to cost since it was all out of pocket.  The therapist has set me up on bi-weekly visits and has also suggested an mst group at the VA hospital.

Like everyone else, I feel like the Army just washed their hands of me and "the problem" when I was honorably discharged after a suicide attempt 2 months after the attack.

I am starting to gather documentation, have requested both my service and medical records.  The attacker was a civilian but the attack happened on base.  He was arrested, charged and was  originally sentenced to 40 years.  I called the courthouse in South Carolina and explained that I needed the court records and they put me in touch with the archivist in Atlanta.  They called me back and luckily they had everything.  So I have my proof!  I was worried that my service records would be "lost" and I was being proactive.  It gave me the validation that I needed that the scumbag was sent away to rot!

6 months after the attack and 3 months after I was discharged, I was having terrible pains in my stomach and found out that he had left me with a parting gift.  I was hospitalized that day and put on IV antibiotics for 10 days and they had to go back in had to have a tube removed.  This led to infertility and to years of IVF treatments.  I did have a happy ending and have a beautiful daughter after years of struggle and lots of $$$.

My question is this - The doctor who treated me in 1978 is no longer practicing and my medical records are long gone.  Would a letter from my sister and mother be accepted as proof that this did happen?  The only proof I have is the incision scar from the surgery.

Thanks in advance for your help!

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Ok.  As always, you need the 3 Caluza elements for service connection.  Get these, and you get SC, without any one of them, you get a denial.  (You may get a denial even with them, but that should be overturned on appeal).  

1.  Current diagnosis of PTSD/MST etc.  This must be made by a VA doc, neither your sister nor your mother can diagnose you unless they have a medical degree.  

2.  In service event.  This could be documented with the records you indicated..that the offender went to jail.  

3.  Nexus, or doctors opinion that your current diagnosis is "at least as likely as not" related to "the event in service".  

Focus on these, most of the rest of the stuff is "noise".  

After you get sc, then you need documentation of "symptoms" for a rating.  These are your current and past symptoms.  The VA does not compensate you for the trauma you experienced, but rather, the symptoms you experience.  A PTSD diagnosis is very important.  Check your records for that.  

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I am not sure if that the fact that he was not a service member matters. I know that if he was not a service member and it was off post then its a no go. But your case might be different. Their claim was denied as it was not a MST technically because it was non military related. Also, you do sound like you have the evidence needed to prove your claim. I wish you luck. 

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On 3/22/2019 at 2:16 PM, broncovet said:

Ok.  As always, you need the 3 Caluza elements for service connection.  Get these, and you get SC, without any one of them, you get a denial.  (You may get a denial even with them, but that should be overturned on appeal).  

1.  Current diagnosis of PTSD/MST etc.  This must be made by a VA doc, neither your sister nor your mother can diagnose you unless they have a medical degree.  

2.  In service event.  This could be documented with the records you indicated..that the offender went to jail.  

3.  Nexus, or doctors opinion that your current diagnosis is "at least as likely as not" related to "the event in service".  

Focus on these, most of the rest of the stuff is "noise".  

After you get sc, then you need documentation of "symptoms" for a rating.  These are your current and past symptoms.  The VA does not compensate you for the trauma you experienced, but rather, the symptoms you experience.  A PTSD diagnosis is very important.  Check your records for that.  

 

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Thank you for responding.

Question about the 3 Caluza's you mention regarding the nexus.  Who do I get that from?  The VA therapist I am working with or is that done during the C&P exam?

Thanks

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Caluza element 1:  Current diagnosis...get that from a doctor.  With PTSD it needs to be a VA doc.

Caluza element 2:  In service event.  You cant "get" that..it needs to be documented in your records.  You may be able to get a buddy letter which would suffice.  Example:  Your buddy saw you get shot at.  

Caluza element 3:  Nexus.  This comes from a doctor, or from an IMO.  You have to pay for the IMO.  

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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