Individual Ready Reserve Activation consideration in Disability Claim

[IndySam]

Hi, 

 

This is my first post, USMC 2002-2006 3521 OIF 2006. I had a question and wasn't really sure where to find the answer. I am applying for a disability claim, PTSD in service in Iraq, anxiety, and depression,.... I am filing by myself, my VSO ghosted me for several months and I moved on. I have done the C&P for all my mental health claims a couple of weeks ago and my claim is in the review stage. 

My question is, in November of 2008 a whole bunch of us 3521s were called back or activated I am not sure while in IRR (2006-2010).  I was fedex'd orders, given a plain ticket to Kansas City, and we stayed in a hotel with some kind of military personnel and Navy doctors reviewing us. I told them I was suicidal when I got there when I saw a Navy doctor in a hotel room and showed him my VA records with mental stuff. He asked how I was going to kill myself and I said I would jump off the hotel roof. So about an hour later the military people gave me a plane ticket and sent me on my way. With no referral to the VA, Dr, or anything. The Navy department that Doctor was in and the IRR command mailed me a letter that I was not physically qualified for active duty. Will the VA claim reviewer look at this, or will there even be a record of it, since it was in IRR?

 

Thanks so much

Sam

 

[brokensoldier244th]

You probably have STRs of it, or records in JLV (the tool we use to look up service medical records). You also have the letter they sent you. Upload that for sure, and write on it, or on a separate page that there may be late following STRs that will need to be looked for. 

[brokensoldier244th]

I spent some years (about 18) doing my own and lurking/contributing in forums like Hadit and others as a volunteer. I also moderate here and for a Voc Rehab group on FB. It definitely takes a while to get around it. I finally said screw it and took a job in the belly of the beast, VBA. So, for the last 3.5 yrs I've seen the sausage from the other side of things. Our training up front is like 6 months of 8 hr a day, and of that is up to three months of supervised 1:1-ish claim work where we can't authorize an action until it is reviewed first.

The hardest part that I have found is making sure you are abreast of regulations changes or additions, and current forms. Many online sites host forms- DBQs, claim forms, etc, but they aren't always updated. You download some form, fill it out, send it, and then find out that the legal language on it was changed 2 yrs ago or something because of HIPAA or whatever- so, then you have to start over. ALWAYS download the forms from VA.GOV. Even if your VSO gives you one, at least double-check the bottom of it to find the 'form date'. I can't count how many times I have had to boot claims back to veterans or VSO's because of old forms that some VSO kept in a drawer somewhere. 

 

https://news.va.gov/news/benefits/

https://www.va.gov/find-forms/

 

 

[broncovet]

Good question.  I will let you download the eligibilities, and you check for yourself.  It would seem like you are eligible, have a good discharge, and if you served for more than 24 months, but read this first:

https://www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVANationalGuardandReserve.pdf

The military hornswaggled some Veterans with "bad paper".  (dishonorable discharge, etc), when it was really PTSD/MDD that caused it.  

If you were denied a because of a "bad paper" discharge, you need to fix that first.  NVLSP may be able to help you fix bad discharges, if this applies.

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/assistance-with-discharge-upgrades-for-veterans-from-all-eras/

[Rattler]

I am a subject matter expert in BAD paper claims if this is your case. I fought the VA form 1982 to 2020 to get the VAvto give me a correct COD determination. Then as brokenvet244th will tell you it has to land in the right RO office so the VA will process it right. (PTSD/MST)

[IndySam]

59 minutes ago, brokensoldier244th said:

You probably have STRs of it, or records in JLV (the tool we use to look up service medical records). You also have the letter they sent you. Upload that for sure, and write on it, or on a separate page that there may be late following STRs that will need to be looked for. 

Thank you  , I am a mostly regular person with a job. There is so much paperwork and forms, I don't understand how anyone who is homeless or in trouble would be expected to do this.

[broncovet]

Well, it aint easy.  Berta used to say if you dont have PTSD before, you will have it after you deal with the VA trying to get your benefits.  

Frankly, If your VSO ghosted you, its time to move on and get a new one.  Im not sure where you live, but a good VSO is hard to come by.  Here is a hint.  

If you go to the VAMC in your area, they usually have VSO's on staff.  CAution:  

Dont pick the first VSO "who is available".  Those who are available, are usually available for one of 2 reasons, neither of which are good for you:

1.  They are New rookies, and dont have many Veterans to serve yet.   You dont need a newbie.  

2.  They are experienced VSO's but they have a poor reputation.  Often this is because they do stuff like not return phone calls.  I think there is a regulation somewhere, that VSO's are only supposed to return no more than about 5% of the messages left to them by Veterans.  After all, that Veteran, if they return the call may need the VSO to do some "work" for him, and that conflicts with what he has going on at the VFW Beer hall.  

      To get a good VSO, pick the one with the LONGEST waiting list, not the shortest.  My father always used to say if you want a restaurant where the food is good, go to one with a long line.  He was wise. 

       I have only had one good VSO, and he was a NATIONAL VSO.  They usually handle appeals, but one may help you with this.  Or, try the NVLSP, they are way better than the VSO's.  Way better.  They are attorneys.  NO, NVLSP does not charge you.  But check with them to make sure that is still true.  

Edited March 22, 2023 by broncovet