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1st Claim ever......Need Help!

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Mcbwv

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I am using a DAV representative about 4 hours from me so questions have been through email and phone. I am applying for several disabilities and have requested records from St Louis and have been told a 6 month wait. In the mean time  last week i was diagnosed as having severe PTSD at the VA scored a 57 on the DSM-V with 17 symptoms. I have a follow up appointment next week. This is stemming from indirect mortar and rocket fire from 2010-2011. I have my orders showing I was in country during the event. Should I go ahead and file for PTSD and hearing and tinitus now or wait for the rest of my documentation for two other non related disabilities from the 90's? Since I am not service connected I'm using my insurance and paying copays for treatment and will soon be prescribed medication. Long story short...... do I have a strong enough case to file ptsd anand hearing now? Or continue treatment? Is it ok to file separate claims or just wait and submit one after receiving documentation for the others?  I have 7 years active duty and 24 total with air national guard with various sets of orders with active duty times....... thanks for any advice....

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I would say file away the longer you wait the more you miss out on.  Also the VA can get your records faster than you can.  I would get lay statements from you-your buddies-your spouse anyone who would know about your ptsd.  Here is a short read of all the presumptive conditions linked to your time in the Gulf.  If you have these you can file for them and the VA will send you to get checked out to see if you have them if you have not seen a doctor for them.  I always like to have a diagnosis.  I would say to get it done before the end of the month as if you file after the first of the month you miss another month of coverage/pay.  

Gulf War Illness Linked to Service in Southwest Asia

If you served in the Southwest Asia theater of military operations, you may suffer from illnesses or other conditions related to service in this region. Find out if you can get disability compensation or benefits.

Learn about service in Afghanistan and Gulf War Illness.

Can I get disability benefits from VA?

You may be able to get disability benefits if you served in the Southwest Asia theater of military operations during the Gulf War period and you didn’t receive a dishonorable discharge. Your illness or condition must also meet the requirements listed below, and you must have one of the diagnoses listed below.

All of these must be true of your chronic illness or other condition. It:

  • Started while you were on active duty or before December 31, 2016, and
  • Caused you to be ill for at least 6 months, and
  • Qualified you for a disability rating of 10% or more, and
  • Was caused only by your service in the Southwest Asia theater of operations

And you must also have a diagnosis of one or more of these conditions:

  • Functional gastrointestinal disorders
  • Chronic Fatigue Syndrome
  • Fibromyalgia
  • Other undiagnosed illnesses, including but not limited to cardiovascular disease, muscle and joint pain, and headaches
Presumed disabilities

You can also get benefits for a presumed disability if both of the below descriptions are true for you.

Both of these must be true:

  • You have a presumed disability that appeared within 1 year of your date of separation, and
  • This presumed disability qualifies you for a disability rating of 10% or more

We consider these illnesses to be presumed disabilities:

  • Burcellosis
  • Campylobacter jejuni
  • Coxiella burnetii (Q fever)
  • Nontyphoid Salmonella
  • Shigella
  • West Nile Virus

Learn more about disabilities that appear within 1 year after discharge.
Learn more about presumed disabilities.

Who’s covered?

Veterans

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I have already filed my intent to file a claim. So I'm not really wasting time. Back pay if I am rated will be based on that date. I reviewed the attached and I do not suffer from any of those issues. I also do not have a spouse or any buddies for that matter that I deployed with for lay statements. I'm hoping my evaluation, diagnosis, treatment history, orders that out me in theater during the attacks, and base records. Will carry some weight in my claim. My main question is it better to file one claim for 4 issues or file one now for two issues and another claim later for two more claims after I receive further documentation. I appreciate the responses and any advice.

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17 hours ago, Mcbwv said:

I am using a DAV representative about 4 hours from me so questions have been through email and phone. I am applying for several disabilities and have requested records from St Louis and have been told a 6 month wait. In the mean time  last week i was diagnosed as having severe PTSD at the VA scored a 57 on the DSM-V with 17 symptoms. I have a follow up appointment next week. This is stemming from indirect mortar and rocket fire from 2010-2011. I have my orders showing I was in country during the event. Should I go ahead and file for PTSD and hearing and tinitus now or wait for the rest of my documentation for two other non related disabilities from the 90's? Since I am not service connected I'm using my insurance and paying copays for treatment and will soon be prescribed medication. Long story short...... do I have a strong enough case to file ptsd anand hearing now? Or continue treatment? Is it ok to file separate claims or just wait and submit one after receiving documentation for the others?  I have 7 years active duty and 24 total with air national guard with various sets of orders with active duty times....... thanks for any advice....

There's some good news and bad news.

Initiate an "INTENT TO FILE".

I don't mean to be a debbie downer, but just barely getting diagnosed with PTSD last week is only part of the criteria to service connect it. How long have you been treated for PTSD? A minimum of 6 months to 2 yrs is a good amount of treatment that will build a stronger claim.

It's a process.

#1. A Confirmed in-service stressor. (I strongly believe you when you say what you witnessed; occurred in-service. If you have a combat action ribbon/medal you'll have a slightly easier time proving the in-service stressor.)

If you still have buddies that were there to corroborate your stressor. Have them write a buddy statement as lay evidence. You can also have family, friends, co-workers, or anyone associated with you to write a lay statement saying what they have witnessed in your behavior related to PTSD, such as....being distant, isolates, easily angered/agitated, the list goes on.

#2. Being diagnosed with PTSD (you have that.)

3. Nexus of opinion stating the minimum threshold of "at least as likely as not" the veteran's PTSD is due to or the result of military service.

Hope this helps. Welcome to the forum!

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11 minutes ago, Mcbwv said:

I have already filed my intent to file a claim. So I'm not really wasting time. Back pay if I am rated will be based on that date. I reviewed the attached and I do not suffer from any of those issues. I also do not have a spouse or any buddies for that matter that I deployed with for lay statements. I'm hoping my evaluation, diagnosis, treatment history, orders that out me in theater during the attacks, and base records. Will carry some weight in my claim. My main question is it better to file one claim for 4 issues or file one now for two issues and another claim later for two more claims after I receive further documentation. I appreciate the responses and any advice.

Disregard some of my last post. LOL. You have the ball rolling already.

I say file it all at once. 

Edited by doc25
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My thing is not being service connected it is not covered or free to use the VA. I have insurance but copays and deductibles kill me as well as medications that they are suggesting. It looks as if I will have lots of treatment appointments. Is a history of treatment important to build the claim? I obviously dont have that since just being diagnosed.  However, I wasnt aware I even had PTSD. I dont want to jump the gun and file prematurely either. My DAV rep tells me with the diagnosis, confirmation of stressors- which he says my orders suffice with also records of the daily attacks, and nexus in my diagnosis can hopefully be confirmed during C and P exam my claim should be pretty strong. However I am not the expert. The other two claims I'm waiting on records for are minor claims.

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