You must have a diagnosis of PTSD to be granted service connection for it. Once you have your diagnosis from a doctor the following forms need to be completed, I will start as if you have never submitted a claim before.

If you elect to go with a Service Organization IE DAV, VFW,AL, MOPH, a VA form (VAF) 21-22 Power of Attorney needs to be completed.

Then the following forms in order:
VAF 21-526 Application for Compensation and Pension.
VAF 21-0781 Statement in support of claim for PTSD. This form makes you think of things that you try to forget. If you find yourself getting upset put the form down and come back to it. It is very important that you include dates, times and names because everything is verified. If you have a few medals, such as a CIB or purple heart, the VA will concede stessors to you.

If you were not in combat than complete a form VAF 21-0781a for personal PTSD. This would include things like MST, military sexual trauma, harrassment and so forth.

I would truly recommend working with a Service Organization because they have the forms and can help you complete them.

get a vso. go to eligibility at teh VA. that's what eligibility is for -- to assist you with the claims process. these people sit there all day, helping veterans get the appropriate forms filled out.

but the best bet, especially if you're having problems with stress, and knowing what to do first, go to a VSO, and let them assist you.

some states have a state department of veterans affairs, that is designed to assist the veteran in dealing with the VA. they don't work for the VA, they are a state org. or there are aslo COUNTY vsos.

Please take into account that some of the Regional Offices view the claims and ratings processes a bit differently. What is viewed in one office may be seen somewhat differently in another.

The VA has studied this problem, but it is likely to persist for some time.

Thanks.

I was told by my VSO to not lie to the C&P shrink. When he asks questions he doesn't want to know about your average condition but what you're like at your worst. Remember you worst behavior gets you fired, arrested, fights, etc.

I haven't tried all or most Veterans Organizations, however I do know that the American Legion as far as helping with any of my claims has been NONE I signed up with them twice for a year at a time and I ask for help both times an got
NONE! All I got from the American Legion was letters in the mail asking for me to renew my membership and I think its $30.00 a year now, and for that all you get is a magazine, a place to go drink beer & have a meal, listen to a backwoodas band that can't sing much less entertain somebody, the last time I was there for the band it was so smokey I could hardly stand it. I haven't signed up with them again since I learned their Commanders were supporting Mr
Bush's so-called wars on terror and his two uncalled for wars in Iraq & Afghanistan.

As for the State Veterans officers and the County VSO's their not really worth
their time an effort, most of them are unqualified to help themselves let alone
help a Veteran file a claim, and those who are worth a flip will set there an
tell you what you want to hear about your claim, go to their computor an type
in a line or two on a statement in support of claim form have the Veteran sign it , give him or her a copy fax it to the regional office stick it in your file
an that is the last the Veteran hears about the status of his or her claim until he or she goes back to see him/her again, and when You go back there is information in your file that you haven't gotten from the VA regional office
an your service rep is sitting on it waiting until you come to see him or her again so if you never go back you snoze an loose. To me they're very independent folks who talk a good game but really don't care if you never get your claim processed, I went many times and only found one that was willing an did call the regional office to check on my claim, only one out of about 10
reps an thats not a good rating to say the least.

I was diagnoised with PTSD way back in 1978 while serving in Korea. I got got
it from being involved in a huge explosion at an ammunition depot in August of 1970. The VA doctors an social workers all have supported this diagnoises in
their notes of my visits yet the VA regional office has declined to rate me for it because I'm rated for anxiety & depression an they say I can't have two
ratings for the same mental condition, WRONG! PTSD is the big umbrella over the
anxiety & depression if one reads the pages of the NI National Institute for PTSD so PTSD an Anxiety & depression are not one in the same, the C&P examinations doctors are so incompetent and unqualified to do exams on Veterans
its pitiful to read what they write about their little 5 to 10 minute visit with we Veterans. They lie about everything and anything to try an deny the
Veterans Claim yet they sit there an say they don't make the decissions on our
claims when we all know that the raters an claims folks go by what they write
when making a decission on our claims! BE WARE that if your a Vietnam Veteran
the VA doctors, the C&P exams doctors an the raters an claims folks will lie
cheat an steel to deny we Vietnam Veterans claims, they will not read the real
evidence we carry with us to these exams, and I do doubt they read a quarter of
our medical records since they have only 5-10 minutes to do a C&P exam. We are
flat out being descriminated against in a big way by the VA, because of Mr Bush's NEW GENERATION of Veterans, I have been denied 4 times since 1994 for
increases in my disabilities ratings an to me this is descrimination against me
the Veteran whose condition has gotten worse over the years an my medical records show it. Now its so bad I was approved for disability by Social Security yet the VA says I'm not disabled because of my SC conditions, and recently or in 2007 denied my claim for individual unemployability. I now have
three appeals pending and I expect another one because I look for them to deny
my claim for sleep Apnea which is severe according to my sleep doctor who diagnoised me. I call on all Vietnam Veterans who are still fighting for your benifits to not give up on anything you have a claim for: APPEAL APPEAL APPEAL,
to the end of infinity, get a good attorney an FIGHT,FIGHT,FIGHT, FIGHT until
you get the benifits you deserve or to the day of your passing because our
federal Government has a big obligation to we the Vietnam Veterans who have
served our Country with dignity an defended it so bravely during the 20years of
the best years of our lives, yet our President draws a fine line of seperation
between we the Vietnam Veterans an the Veterans he calls the NEW GENERATION OF
VETERANS of his uncalled for wars, and SO-called wars on terror???????????????

tombigbo, not all VSO's and/or service organizations are useless. We all have been through many of the games, after they are 'government employees'.

I hate the VFW's because the WW II 'hero's' looked down on me and my Vietnam bros. I'm glad they're closing.

A GOOD VSO is hard to find, as well as the service organizations, it takes time, but keep searching they are out there.

The forms can be found on www.va.org if you want to tackle it yourself.

I've been jumping through the VA hoops since 2003 and I'm still in 'basic training'. I fought for PTSD all the way to Washington, DC and then paid for a private analysis. I'm STILL waiting for answers, it's been 7 months since I submitted the latest info.

Go to the RANT thread and check it out.

Good VSO's are indeed tough to find. Each Regional Center has some VSO's which are more effective than others. The best thing to do is to is to interview each of the members of the team and decide which one is best for you.

I have a few questions and I will word them the best I can.


1. When a veteran files a claim for compensation and then receives a denial does the veteran have ONE year from the date of that denial to submit new evidence?

2. Is the claim considered PENDING during that one year period?



Thanks!

Thanks Dave,

I have read the entire denial letter from the VA dated August 26, 2006. It states "if you do not agree with our decision, you should write and tell us why. You have one year from the date of this letter to appeal our decision.

No where in this denial is a NOD mentioned or requested. The VSO that we had just didn't help us or return our phone calls so we were trying to do this on our own.

Suggestions?

NOD is your reply disagreeing. It is your notice of disagreement.

From VVA

"The first step in appealing a claim is to send the VA regional office a "Notice of Disagreement " (NOD). There is no official NOD form. Generally, the NOD can be a written statement on VA Form 21-4138 (Statement in Support of Claim) or a letter that states that you disagree with the decision. Be sure to include in your NOD the date of the decision that you disagree with, which issues you disagree with and that you intend to appeal those issues. You have one year from the date of the VA’s notice of its decision to file your NOD with the VA regional office. If you miss this deadline, you can only reopen your claim based on new and material evidence or establishing that the VA denial was the product of clear and unmistakable error (which is very difficult to prove)."

Make sure that you have a competent VSO representing you in every matter.

What does "confirmed and continued" mean on a second or third denial?

Would that related to the date?

They confirmed the previous decision and continued at the same level of compenstation. I am sure of the first half. The second is my best guess.

So, which date would they go by as far as the 12 months to submit new evidence or a NOD? The first denial, or the last denial, stating confirmed and continued?

Denial dates: Feb 2005
Apr.2005
Aug. 2005

The VA is telling me the denial date that they are going by is the Feb 2005 (so the claim is no longing open they claim) but yet two more denials came after that because new evidence was submitted. The very last denial in Aug. 05 said "confirmed and continued" but also said "you have one year from date of this letter" to submit new evidence" but the VA is now saying that was an administrative error.........I don't think a NOD was submitted following the Feb. 2005 denial..my husband just kept sending new evidence.

My understanding is that any correspondence questioning the decison is an informal NOD.

i had really good luck with dav. all they wanted was a membership (i went with lifetime for $150) and a donation when i won. and for as good of a job they did for me, i was thrilled to write a check, when i got my check.

when the va lost my record, they went said not nice things, for me. the guy that worked for dav really went to battle for me. nothing but good advice, etc.

Follow Dan Rioux's advice and you can't go wrong!

Once your claim is in appeals, can you change the person representing you as long as you stay within the same organization?

I'm with the American Legion. My local rep is not helping me at all..

Find a good VSO in the beginning and you won't be sorry. Switching around can cause problems with credibility.