Duty to assist error

[Wandino22]

Hey brothers and sisters so I just am towards the mid way point or end of my claim for ptsd. I received my letter in the mail saying that it is a duty to assist error and from what I am hearing its basically a reexamination. Although I have also read that the VA could just go with the evidence they have in my records, that being said on my letter it states i have a favorable findings and have been diagnosed with a disability. It states, " they failed to get clarification of an exam and medical opinion, as such will develop for an exam and medical opinion. Out of all this I know this has to be good news and wondering if there is anything that I need to look out for?

[ShrekTheTank]

Hello,  A reexam is not a bad thing.  They are missing something, so the exam might be much more specific.  

As for the exam, just talk about your issues and remember to tell them your worst day.  This really is the only real view they look at.  You might have records someone glanced at once, but this is what they will use to rate you.

When you walk in it is a good idea to say I am Ok today, but Friday was a bad day.  If you walk in and you are just cheerful and say I am doing great!  This will dictate the entire interaction with the doctor.  Don't lie about it, but be honest about it.  Far too often we Vets think we need to be tough and not show emotion or to tell the truth of how bad it is.  

I have heard many stories here where the persons partner came into the room and totally called out the Vet.  The Vet would say they are doing just fine.  The spouse then says, No your not you have not slept in over a week because of your nightmares.  Or you have 3 flashbacks this week where I could not even talk to you.  

My point is just be honest and remember you are not there for a feel good session with your therapist.   

[Buck52]

if you have the 3 main elements for your claim  it will be hard for them to deny. these 3 elements are:

The 3 Essential Elements of Service Connection

• A current, diagnosed disability;
• An in-service event, injury, or illness; and.
• A medical nexus between the current disability and the in-service event, injury, or illness.

you have all this proof  with medical records  in service records and Dr. giving his opinion in your favor you will win your claim.

just my opinion here but when we give to much information related to our claim  that makes a suspension in your claim to some raters not all but some, and they do not like to read long drawn out statements, just get to the point  that is always better than having 10 /15 pages for the raters to read. 

Also type out your statements or write them  neatly in dark ink.

All of this goes into your C-file later on  and if it don't copy...that will not show up in your C-file.

jmo