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How Should I Handle This

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knobloch_270

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I file a claim in March of 2005 for a increse for PTSD. I received a up grade to 30% effective April 2006. Right away I contacted my American Leigon Rep and he told me that on my intial claim form that the March 2005 date was crossed out and the April 2006 date was entered and that I would have to live with that date. So,I went to the Vet rep at the Cambria County courthouse wher I filed my claim in March of 2005 and she had my orginial claim with the March 2005 date on it. So,I said that my claim should be effective from the 2005 date and after her conversation with my American Leigon rep,which she said the same thing as him--sorry about the year that you lost on. I can't blame the V.A on this. I am cosidering makeing a appeal on this decision.

How do you all suggest that I handle this? Thanks in advance for you suggestions.

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  • HadIt.com Elder

knobloch_270,

Something doesn't sound right here. As Berta said, it sounds like your SO dropped the ball by forgetting to send in your claim. A VA employee isn't going to risk their career by altering documents sent in by the veteran, even if it's a lonely GS-3 sitting in the public contact team answering telephones or a GS-13 DRO in the Appeals Team. Assuming you already had a 10% rating for PTSD and was raised to 30%, someone at the RO isn't going risk their job to try and swindel you out of 13 months of additional retro, in this case about $3,000.00 - $3,500.00 just to try and save the Government money. Also, as Philip Rodgers stated, the VA date stamps everything incoming to their RO's, they wouldn't cross out any dates or anything like that. I would also go and take a look at your C-file and see when the VA date stamped your claim.

Vike 17

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  • HadIt.com Elder

Go to the VARO and look at your C File.

Veterans deserve real choice for their health care.

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Go to the VARO and look at your C File.

THANK YOU ALL for your input! I am going to the V.A. today and get a copy of my orginial claim. My American Leigion rep did contact me in March of 2006 via a phone call . I did keep notes,however no written correspondence from the V.A at that time Also, I am changing my POA from the rep that I have now. Sad part is that I am a American Leigon member and also active----so I am going to forward info to the district commander. I will keep you all informed as I progress thru this wrinkle.

Also as a interesting note to my claim------ I served in the USAF form 1966 to 1969 and served with Det.1,56th SOW at Udorn. However,I went out of country to the secret war in Laos at L-39.Lucky me, I had medals to prove that I served In a combat zone and that is how I proved my claim. There are a lot of other vets who served in Laos and Cambodia who have had their claims denied because they had no proof of serving in the other combat zones. Thanks again.

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Knob you raised a good point-

many veterans never got the proper awards on their DD214s when they left the mil-

my husband (USMC) said they were all herded into a big room to fill out a form whch was used to prepare their DD214s (1968)

They put down what they could remember but were mainly concerned about getting away from

Quantico-in my opinion USMC in those days was a major stressor on its own.

Years later he found out via a DD 215 that he had earned more medals and decorations than he thought. I often wonder if the VA with his older DD 214 didnt not recognise his combat service properly but he did get PTSD SC in 1983 after a very shrt period of time after filing the claim. It was filed by the Director of the Newark VA.

He got a letter telling him the Vietnamese Gov awards and something else would have to purchased by him at a base or somewhere.

Unfortunately he died after receipt of this letter and I purchased them in Texas at LAckland AFB. He never saw them all.

Any vet who might believe their DD214 is incorrect as to their decorations and medals can file a DD 149 and the gov will check it all out.

You just put "Not applicable" to the legal inJustice stuff and you can tell them you just want to make sure your DD 214 is correct.

dd0149.pdf

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Knob you raised a good point-

many veterans never got the proper awards on their DD214s when they left the mil-

my husband (USMC) said they were all herded into a big room to fill out a form whch was used to prepare their DD214s (1968)

They put down what they could remember but were mainly concerned about getting away from

Quantico-in my opinion USMC in those days was a major stressor on its own.

Years later he found out via a DD 215 that he had earned more medals and decorations than he thought. I often wonder if the VA with his older DD 214 didnt not recognise his combat service properly but he did get PTSD SC in 1983 after a very shrt period of time after filing the claim. It was filed by the Director of the Newark VA.

He got a letter telling him the Vietnamese Gov awards and something else would have to purchased by him at a base or somewhere.

Unfortunately he died after receipt of this letter and I purchased them in Texas at LAckland AFB. He never saw them all.

Any vet who might believe their DD214 is incorrect as to their decorations and medals can file a DD 149 and the gov will check it all out.

You just put "Not applicable" to the legal inJustice stuff and you can tell them you just want to make sure your DD 214 is correct.

Thanks for the info. Sorry for your loss.

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Here is a update on my case------I changed my POA to a new rep,the DAV and the next day I received a phone call and a meeting date of 040307. He then sent me a copy of a letter that he sent to my former POA and the VA that he is representing me. Also went to the court house and got a copy of my orginial claim that was signed and dated for the March 05. Thanks to all for your input. I learn something new each time I read the posts from all who share info here. Glad to have a site like this for vets.

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