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Nothing is more frustrating than filing a VA disability compensation claim under the new “Fully Developed Claim (FDC)” system and only receiving a denial letter telling you that the military didn’t cause your disabilities.
What do you have to do before filing a VA claim? I would suggest that you first look for a County Veterans Service Officer or National Service Officer that has been properly trained by the VA in disability claims preparation and development.
Your first step should determine if your current disability is a disease subject to presumptive service connection as noted in 38 CFR 3.309. Did your spouse die from one of these diseases and had served in Vietnam?
Note: Guidelines presented in 38 U.S Code 1116 Subsections (b) through (d) shall cease to be effective on September 30, 2015.
Next, refer to M21-1MR, Part IV, Subpart ii, Chapter 2, Section C 10. Service Connection for Disabilities Resulting From Exposure to Herbicides or Based on Service in the Republic of Vietnam (RVN). This is the VA employee guide for developing claims and gives you an insight as to what they are considering as well as giving you the opportunity to provide the evidence they are looking for.
Now let the fun begin! Let’s say you were a sailor aboard the USS Procyon (AF-61) from February 21 to June 4, 1971. You’ve reviewed the VA Ship list and see that the VA does not recognize your ship. What will you do? Research, research, and research some more. Once you’ve determined when the USS Procyon did operate off the coast of Vietnam or the date port visits were made to Vietnam, immediately request the Deck Logs of the Ship.
When requesting Deck Logs, email [login to see] with these details:
· Full name of the ship, and hull number, if possible
· The dates of interest
· Your inquiry
Upon receiving the receipt from Deck Logs, make copies available to your County Veterans Service Officer.
What do you have to do before filing a VA claim? I would suggest that you first look for a County Veterans Service Officer or National Service Officer that has been properly trained by the VA in disability claims preparation and development.
Your first step should determine if your current disability is a disease subject to presumptive service connection as noted in 38 CFR 3.309. Did your spouse die from one of these diseases and had served in Vietnam?
Note: Guidelines presented in 38 U.S Code 1116 Subsections (b) through (d) shall cease to be effective on September 30, 2015.
Next, refer to M21-1MR, Part IV, Subpart ii, Chapter 2, Section C 10. Service Connection for Disabilities Resulting From Exposure to Herbicides or Based on Service in the Republic of Vietnam (RVN). This is the VA employee guide for developing claims and gives you an insight as to what they are considering as well as giving you the opportunity to provide the evidence they are looking for.
Now let the fun begin! Let’s say you were a sailor aboard the USS Procyon (AF-61) from February 21 to June 4, 1971. You’ve reviewed the VA Ship list and see that the VA does not recognize your ship. What will you do? Research, research, and research some more. Once you’ve determined when the USS Procyon did operate off the coast of Vietnam or the date port visits were made to Vietnam, immediately request the Deck Logs of the Ship.
When requesting Deck Logs, email [login to see] with these details:
· Full name of the ship, and hull number, if possible
· The dates of interest
· Your inquiry
Upon receiving the receipt from Deck Logs, make copies available to your County Veterans Service Officer.
Advice
Command Post
Vietnam War
Department of Veterans Affairs (VA)
Posted >1 y ago
Responses: 14
5
5
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ALCON: I have always been with "Disabled American Veterans (DAV)." A VA physician put into writing that "due to previous surgery on my neck" he was not granting service connectivity or compensation (neck injury occurred in Bosnia, all ER records and a Line of Duty report were given to the VA as support). I had never had any surgery on my neck in my lifetime. My DAV rep. was able to file the appeal and actually got me a full color video conference with a VA law Judge in Washington, DC. I didn't sanitize my response in telling him how untruthful that doctor had been and would go to any competent medical authority he assigns to confirm that. My case was remanded back to the VA with an order to 1) start over 2) make it service connected based on re-examination 3) pay me compensation back to day one. It goes without saying I was vindicated and the end result worthy of time and effort taken. This was one event in a lifetime, but a major one and the DAV came to bat with a big stick. Just FYI.
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CPO Ed Ball
Col many refer to similar scenarios as VA delay tactics, i.e., deny until you die, etc.. the truth is, like any major organization, there are a few bad apples, in this case I'm assuming it was the C&P examiner as the VA physician that made the statement. In which case it is in the best interest of all veterans to request a copy of the C&P exam, scrutinize it and make your representative aware of any discrepancies.
The VARO rater looks at your induction and separation physicals as part of the adjudication process along with your military medical treatment records which would have been silent of surgery in this case. So now you have two bad apples.
The DAV rep may have provided the option of a Decision Review Officer (DRO) review, or simply file the Form 9 for a formal appeal before the Board of Veterans Appeals in Washington DC. Electing the DRO review could have saved you some time as they have the authority to overturn the VARO raters decision based on a faulty C&P medical opinion and thereby request another exam for a positive medical opinion and overturned the initial denial letter.
If only veterans could have representatives witness the C&P exams, but the current law does not allow this. It takes months, sometimes years, to prove the VHA/VA wrong using the current process available, as we both know too well.
Thankful things worked out for you, congrats!
The VARO rater looks at your induction and separation physicals as part of the adjudication process along with your military medical treatment records which would have been silent of surgery in this case. So now you have two bad apples.
The DAV rep may have provided the option of a Decision Review Officer (DRO) review, or simply file the Form 9 for a formal appeal before the Board of Veterans Appeals in Washington DC. Electing the DRO review could have saved you some time as they have the authority to overturn the VARO raters decision based on a faulty C&P medical opinion and thereby request another exam for a positive medical opinion and overturned the initial denial letter.
If only veterans could have representatives witness the C&P exams, but the current law does not allow this. It takes months, sometimes years, to prove the VHA/VA wrong using the current process available, as we both know too well.
Thankful things worked out for you, congrats!
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Great Post Chief! When I finally filed my claim, I used the State's Veterans Services and finally, everything work out great! Thanks!
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Sgt David G Duchesneau
SP5 Christine Conley - Christine, all you have to do is call your State's US State Senators Office and they'll put you in contact with them. As I said, once I did, everything went really good.
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COL Lowell Yarbrough
SP5 Christine Conley - SP5 Conley, you can also the contact information for the State Veteran Representatives on the state's official website under veteran services link.
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I admit having help is good. My cousin worked with POWs, helping them file claims. When I filed my claim, I visited her, she reviewed, directed me the right way. As I worked on it, I'd e-mail to her for review. When I sent my claim in, it was approved the first time. Getting help from some one who knows if vital to success.
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PO3 Michael James
NICE.. guess its who you know.. 16 years, 20 operations, Filed 7 years ago.. Still waiting.. diseases listed by the VA.. Ship listed on the VA's "exposed ship list" .. 1971.. USS Okinawa LPH3 .. Cam Ranh Bay !! Assigned to Staff, PhibRon7, therefore, not on ships roster .. however, Personnel Eval. says I was evaluated as Radioman onboard USS Okinawa ??? Don't know where the VA thinks I picked-up these souvenirs I brought back with me !! SNAFU !!
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SGM Mikel Dawson
PO3 Michael James - Who knows what goes on in the VA. On another note, I have a cough, been with me every since I got back. Filed a claim on it, provided all the evidence I was in the areas of burn pits, dust storms, but VA came back saying - not related - go figure.
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