Missed filing a VA claim within one year presumptive...

[IndySam]

Hi all

So I am trying to wrap my head around filing the claim within one year thing and it is presumed to be service-connected. I have googled and searched this forum, but I am still a little confused. 

So way back in June of 2007 (discharge Dec 2006) I went to the VA and enrolled for medical care. I sought treatment for my back, anxiety/depression/eating disorder. And started getting help. I also was approved for some program in the VA where they were going to pay for me to go to CDL school. I didn't do that cause I found another job on my own.

Anyway, no one mentioned I could file a claim. I thought I had to be missing an appendage or something.

So now 16 years later, will my visits to the VA hospital from 2007 count or be looked at favorably by the VA reviewers?

Thanks!!

Sam 

[Rattler]

On 10/4/2023 at 9:39 AM, IndySam said:

I appreciate all the help. I will look for a VSO with VBMS access too. 

 

I don't really understand how I would have qualified for VR&E back in 2007, I wasn't service-connected, not even 0%. Maybe they were talking about a different program or pulling my leg. 

 

I put a FOIA in for my VR&E info from 2007.

Did you only request your VR&E or did you request all you VA treatment record? As you said you didn't receive treatment in service. The VA treatment you received after you got out will be your documentation  for your ratings.

The VR&E is designed to transition you into work of some kind. VA disability payments is a different program and the two have different rules.

SO question No.1 do you have access to your military records through military's website?

Question No. 2 Did you do any combat? I you served in combat it is easier to get rated for PTSD because combat is a stresser. (Simple answer)

Most Vets from your time frame do. I cannot stress enough that you need all your records both VA & military without them you are shooting in the dark with no night scope.

Just because the VA treated you in 2007 doesn't mean they will rate you. As a very good VSO told me sometime ago the VA doesn't know that you need to be rated unless you tell them.

Also the VHA (Health) VBA (Benefits) are different administration and don't talk to each other.

 

[IndySam]

On 10/9/2023 at 11:14 PM, Rattler said:

Did you only request your VR&E or did you request all you VA treatment record? As you said you didn't receive treatment in service. The VA treatment you received after you got out will be your documentation  for your ratings.

I asked for the VR&E Last week, via FOIA(Oct 2023). I forgot about it that I even talked to them until now. 

I have my VHA medical records (except for mental health records of visits in 2007)

On 10/9/2023 at 11:14 PM, Rattler said:

The VR&E is designed to transition you into work of some kind. VA disability payments is a different program and the two have different rules.

SO question No.1 do you have access to your military records through military's website?

I did a FOIA and got all of the Military records and medical records on a CD disk.

On 10/9/2023 at 11:14 PM, Rattler said:

Question No. 2 Did you do any combat? I you served in combat it is easier to get rated for PTSD because combat is a stresser. (Simple answer)

Yes, (filled out PTSD VA Form 21-0781 when initially filed Feb 2023)

On 10/9/2023 at 11:14 PM, Rattler said:

Most Vets from your time frame do. I cannot stress enough that you need all your records both VA & military without them you are shooting in the dark with no night scope.

Just because the VA treated you in 2007 doesn't mean they will rate you. As a very good VSO told me sometime ago the VA doesn't know that you need to be rated unless you tell them.

Also the VHA (Health) VBA (Benefits) are different administration and don't talk to each other.

 

Thank you!! 

 

This forum is a lifesaver

Edited October 16, 2023 by IndySam

[Rattler]

Thanks Dot09 I am kind of the same way with VSO's. The exemption is me local state VSO is above and beyond most VSO. I bounce stuff off him and he will printout stuff in my C-File for me. A word about FIOA's. The last time I requested my records it took 8 to 9 months for them to get me the CD.

[IndySam]

Hi, Just an FYI in case anyone wants more info. I found the program I was referred to back in 2007 for job help. It was under VHA then, https://www.va.gov/health/cwt/ Compensated Work Therapy. Thank you, Sam

[relatively happy camper]

I recall reading somewhere at a VA site that anytime a veteran is seen at a VAMC it is supposed to be considered a claim.  I don't know if it was in the US Code, CFR's, M-21 whatever or a COVA/CAVC decision.  I know the VA never does it but I do know what I read.  It may be an old reg that's been changed, I have no idea.  Just thought I'd throw it out there.

[broncovet]

Close, but no cigar, "relatively happy camper".  It used to be that a Veteran could file an "informal claim FOR INCREASE" in his/her doctor's office "provided that" the doctor documents the Veteran is seeking BENEFITS for the condition, not just treatment.  Informal claims for increase are no longer permitted, and a claim form must be filed for each new claim issue desired.  However, if you have docutmentation of an informal claim for increase prior to Feb. 2019, you "may" be able to allege an earlier effective date in some instances.  Remember, your effective date is the later of the date of claim or the facts found (the date the doc said you were disabled), so the documentation of the informal claim for increase may or may not result in an eed, but its worth a shot.  

NOTE:  The term FOR INCREASE is important.  The idea is the Veteran already submitted his formal claim form, and it was unnecessary to submit all that over again, so he could informally file claims, that essentially referenced his already filed formal claim. But, you had to first file the formal claim, thus, it has to be a claim for increase, that is, you have already filed a formal claim.  

Incidently, it worked for me, and I fought and won an eed based on an informal claim for increase.  I had it documented in my file that "I was out of work and unable to find a job", in a letter to my vso that went with my application, and they determined that the va should have considered me for tdiu from the get go, because of that statment.  Naturally, of course, the VA shredded my letter, BUT, low and behold, they shredded too many other Vets evidence and got caught doing it.  And, it resulted in the famous shreddergate scandal of 2008, which allowed me to resubmit this evidence, per order's from Dr. Peake, the VASEC, at that time.  

Edited February 15 by broncovet