need help applying online

[steven13081]

Finally got the nerve to go out to a DAV and get help filing a claim. I was praying i would get someone that cared about my situation and willing to help. Unfortunately this guy could not seem more bothered by my mere presence. I felt the rage coming and kindly told him to fck off and told him i will apply online with the help of my fellow hadit members.

Now the main thing im looking to file for is chronic fatigue syndrome. I was diagnosed back in 2006 while in service.  As most of you know, you need multiple symptoms for this diagnosis which i also have records for like, sleep disturbance, asthma, memory issues ect.

Should i file for this just as CFS and let them group everything together and let them figure it out or..

file under (Gulf War veteran with unexplained chronic multi-symptom illness) -   not sure if afghanistan falls under this, and add all associated disibilities.

 guess im just trying to avoid pyramiding errors, i dunno.

apologies if i made this seem confusing. thank you all.

-steve

 

 

 

 

 

 

 

[GBArmy]

Steven You have a difficult road but you can't make the journey without taking the first steps. I am not anywhere close to being an expert on it, but I can offer my opinion. CFS is a very difficult diagnosis to receive from the VA. I believe it is only successful 20% of the time. The problem is they rule it out if they can divert it to another disability and make that non-service connected. The DBQ that is required for eval is 21-0960 Q1 under 38CFR 4.88 The diagnostic code 6354, allows ratings from 10% all the way up to 100%. IMO it is almost impossible to win the claim without a diagnosis from an immune system doc issuing his opinion with medical rationale. We are not medical experts; the diagnosis is very technical. I would suggest you start doing your search for a good doc who understands the VA and what they require to win. And, to answer your question, just file as CFS; let the VA figure it out. My guess is your diagnosis while in the service will not stand up to what the VA is going to try to do with it. Get a good IMO. One other thing. I would send a letter to the DAV headquarters in your state. Tell them in your own words about how you were treated and provide the name if you can. They probably won't do anything on  the basis of one complaint, but if there are several, they might. One thing for sure, they won't do anything if veterans don't complain. Do the next guy in line trying to get help a favor. Call the jerk out.

[vetquest]

If you were diagnosed as CFS while in service I would file for that.  You need an in service event, a chronic condition, and a nexus between the two.  Now if the VA does their job they should send you to a C&P to provide the nexus.  File your claim through VA.gov.  Select file a claim for compensation  and go from there.  I would file the STR pages that show you were diagnosed in service.  If you have civilian records that support the claim I would submit these also.  This is a long and complicated process and you will get frustrated along the way.  Just giving you a heads up.

[Vync]

I'm sorry you had such a bad experience with the DAV. Keep in mind that not all reps will behave like that.

Start here: https://www.va.gov/disability/how-to-file-claim

You can start filing online via that link. You'll need to create an account.

The most important thing is to do an "intent to file". You are telling the VA you plan to file for one or more disabilities. Think of it as holding your place in line (i.e. effective date). If you win your claim, it will be effective back to this date. Keep in mind the VA will pay benefits from the first day of the month following your effective date. You will have one year to formally submit a new claim. If you don't open a new claim, your effective date is lost, but you can still apply later. You can use the year to gather records pertinent to your claim. Before the end of the year, be sure to formally apply!

If you served in the Gulf War, check this out: https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp
  There are a number of "presumptive" illnesses related to service over there. There are some limitations and a deadline for the issues appearing, so don't wait until it is too late.

You can file for anything you want, but the VA will evaluate evidence while making a decision. 

Look for any issues you feel were related to service, but preferably issues you have the ability to potentially tie back to service. If you have any medical records from the first year after leaving service, those can be very helpful.

You can also file for secondary conditions. For example, if your back hurts, but you also have sciatica you think is caused by your back pain, you can file for both. Don't forget side effect of medication used to treat those disabilities. The military was famous for prescribing NSAIDs like ibuprofen, naproxen, etc... for musculoskeletal issues. If taken for too long, it can cause acid reflux, which can also be claimed.

You can file for each condition, but I recommend also clearly stating that you are also filing for any related secondary disabilities. If you file for a very specific issue, the VA will focus solely on that. It can be helpful to be somewhat vague. For example, instead of filing for lower back pain, consider filing for "spine problems". That would cover both lower back and the neck (the VA treats them separately).

Gathering records is important, but may take time. If you don't have these, it is good to try and obtain them. You can help the VA to help you.

1. Military personnel records
If you have a VA account, you can request these online. See #3 below for another way to get them.

2. Service treatment records
You can request these from your VAMC's release of information office. It may take four to six weeks to arrive.

3. If you received any treatment through the VA, request those records
You can request these via VA's healthevet web site: https://www.myhealth.va.gov/mhv-portal-web/home
Once you register, it can be found via their Blue Button feature.

4. If you were ever in the VA system, it might be a good idea to request your claims file (i.e. c-file). 
This will take months to come in. They even can provide it on CD/DVD instead of paper.
https://cck-law.com/blog/va-c-file-claims-file

 

When you apply, never send the VA any original documents. It is helpful to keep those stored in a safe place.

Don't expect the VA to get your claims right the first time. They are known for making mistakes, but claims are very often won on appeal.
 

If you get a a 30%+ rating and have dependents, don't forget to file a dependency claim.

Don't forget to ask questions. Don't forget to search the forums and explore the blogs. You might find answers to your questions before you ask them.

[blahsaysme2u]

3 hours ago, Vync said:

2. Service treatment records
You can request these from your VAMC's release of information office. It may take four to six weeks to arrive.

is this also in the C-File? or should you request both?

[GBArmy]

If you are working on a claim or appeal, or even think you may in the future, you should request a copy of your c-file. There can be notations, comments, other evidence in there that not only you weren't aware of but even forgot about completely. Could be very valuable. If you have C&P's, other procedures and medical care, they are added, so it certainly can be the case you order it more than once as your c-file builds up.

[vetquest]

9 hours ago, blahsaysme2u said:

is this also in the C-File? or should you request both?

Request both.