How AI Legalese Decoder Can Assist Vietnam Veterans with PTSD Claims Rejected
- May 16, 2024
- Posted by: legaleseblogger
- Category: Related News
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
Try Free Now: Legalese tool without registration
## Helping a Neighbor with VA Claims for PTSD
I recently assisted my 75-year-old neighbor with his VA claim for PTSD. He already has ratings for Eyes (30%) and Tinnitus (10%), as well as the Vietnam Service Medal. Having spent 60 days in country while stationed in the Philippines, he was eligible for additional claims through the PACT/Vietnam program. To strengthen his case, I advised him to submit a private DBQ from a reputable PHD who had assisted me in the past.
## A Heartbreaking Denial
Unfortunately, his PTSD claim was recently denied as “not service-connected.” I am devastated for him, as he may not have the energy to appeal the decision. It is clear that he wants to move on from the stressors of his past. Despite this, I am determined to encourage him to fight for his rightful benefits, as his PTSD is evident and deserving.
## AI Legalese Decoder Assistance
In this challenging situation, AI Legalese Decoder can be a valuable tool. By utilizing this innovative technology, we can decode the complex legal language used in denial letters and legal documents. This can help in understanding the reasoning behind the denial and identifying potential grounds for appeal. Additionally, AI Legalese Decoder can provide insights and recommendations based on legal principles and precedents, assisting in formulating a strong appeal strategy. Don’t hesitate to leverage this cutting-edge solution to navigate the complexities of the VA claims process and advocate for your neighbor’s rights.
## Seeking Legal Advice
In light of the denial, the PHD who conducted the DBQ suggested seeking legal representation, acknowledging that a higher rating may be warranted. It is crucial to consider all available options and explore the possibility of legal assistance to ensure that your neighbor receives the compensation and support he deserves.
## Gratitude and Resilience
Despite the challenges faced, I am grateful for the support and encouragement from those who have offered kind words. This experience has strengthened my resolve to advocate for my neighbor and others in similar situations. Your positive comments and insight are truly appreciated.
## Standing Strong
To those who doubt or criticize, I remain steadfast in my commitment to helping those in need. We must continue to fight for justice and fairness, regardless of the obstacles we encounter. Let us stand together in solidarity and support one another on this journey towards justice and equity.
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
Try Free Now: Legalese tool without registration
AI Legalese Decoder: Simplifying Legal Jargon
Legal documents are notorious for their dense and confusing language, often leaving individuals scratching their heads in confusion. This is where AI Legalese Decoder comes in to simplify and clarify legal jargon for everyday use.
Understanding legal terms and phrases can be daunting for those unfamiliar with the legal field. AI Legalese Decoder uses advanced algorithms to analyze and decode complex legal language into understandable terms, making it easier for individuals to comprehend important legal documents.
With AI Legalese Decoder, individuals can save time and headaches by quickly translating legal jargon into plain language. This tool can be especially helpful for individuals navigating contracts, agreements, and other legal documents on their own.
By using AI Legalese Decoder, individuals can confidently interpret and understand legal documents, empowering them to make informed decisions without the confusion of complicated language. This tool serves as a valuable resource for those looking to demystify legal jargon and take control of their legal matters.
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
****** just grabbed a
Has he been formally diagnosed with PTSD? If he hasn’t, I can see this being the main reason the claim was denied. When I did my PTSD claim, the first thing I was told was to get a diagnosis, which I did through my local VA mental health center which took several months. After I was diagnosed, I moved forward with my claim, which was eventually successful.
Private DBQs don’t matter for PTSD. Needs to be diagnosed by the examiner. Maybe have been better to file for Mental Health Condition
EDIT: It looks like the DBQ was updated. The language now says for PTSD “NOTE: This section should be completed based on the current examination and clinical finding” The other MH dbqs don’t have this note.
What was the reason for denial?
Needs to file for adjustment disorder or anxiety instead of PTSD.
If it’s one thing I learned is the VA dosent baby you, you have to fight for benefits harder than you ever fought in any combat zone, just the way it is, but if he dosent wanna follow through, don’t push him, just let em know the door is open, I have a uncle too who is a Vietnam vet, won’t go near the VA, agent orange, bullet wounds, heloncrashes, ptsd, the whole bit, he refuses any and all claims, the VA could walk up to him with a million dollars in cash and he would probably slam the door in their face..
Imagine being the rater denying a Vietnam combat veteran his PTSD claim. Un-fucking real…
He has to service connection somewhow with a event that happened while in country, if he has heart issues or something like that he can possibly connect it to agent orange exposure ptsd is a tough route to prove this far out, good luck
My Brother was denied for Vietnam PTSD , in country 66-69,, he was Pysops, how much more of a Brain F is that. He went back into his hole , hope to see him in 5 months.
So he’s a “Vietnam Era Vet”. Did I miss something but it seems like he was never deployed to any combat zone?
mportant: For a claim for service connection (SC) for posttraumatic stress disorder based upon a stressor related to the Veteran’s fear of hostile military or terrorist activity, 38 CFR 3.304(f)(3) directs that the examination must be conducted by a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted.
Ref: M21-1
IV.i.3.A.1.i. Qualification Requirements of Examiners – Psychological Examinations
He was a Vietnam vet that served there two months while stationed in the Philippines claiming PTSD?? Nothing stands out as to why he should rate it 50+ years later.
Share the letter. Ummm Philippines does not qualify for Vietnam Service Medal. So either your neighbor is lying or is confused. Yes service in combat would eliminate the requirement for a documented stressor. Does not guarantee rating or presumption. Also if your neighbor legitimately qualified for Vietnam Service medal would qualify for agent orange presumption. Diabetes type II is very common amongst older populations.
Created by Executive Order 11213, July 8, 1965. It is awarded to all service members of the armed forces who between July 4, 1965 and March 28, 1973, served in the following areas of Southeast Asia; Vietnam and the contiguous waters and airspace; Thailand, Laos, or Cambodia; or the airspace thereof and in the direct support of military operations in Vietnam.
I knew a guy who claimed to have a CAR and been in Desert Shield and Desert Storm. Also claimed to be on the ground moving bodies during gothic serpent (the black hawk down story). Nothing checked out except he had a SWASM and was on a boat in the Middle East for a few weeks in 1993.
The reason I’m saying this is someone granted his disability for ptsd. Not for combat though, but for personal trauma. I have no idea how or why. I just know his records completely lacked evidence of participation in combat. There must be a work around and that guy must’ve figured it out.
You need a particular in service event for PTSD which will need to be identified so it’s harder to service connect than to just go with Mental Health alone secondary to another condition.
I would suggest re-appealing after recieving a formal diagnosis, but since he didnt want to file initially maybe the he just do not want to re-live his stressors. Incase he does, the proper form for that would be a VA form 0995, and make sure to present new an relevant evidence when you file.
Another thing that helps getting ptsd connected is records of treatment.
I had been going to the VA for treatment for awhile so the diagnosis was pretty much a formality but you do have to seek treatment and get a diagnosis.
I have been staying away from prescribed medications for depression. Most didn’t work in the past and one that did was temporary only. Have enough other prescriptions to deal with.
I am 70% connected for PTSD
90% combined rating. 180% individually rated. Still working on a few claims before I file for backpay.
I would start with anxiety! I started talking to the witch doctor at the VA and she decided to say that I had PTSD and asked me if I wanted her to start that with the claim process so that I would be diagnosed with PTSD. At that point it didn’t matter. She was going to treat me for it and I was there and it was taken care of. So telling me that I have PTSD after years of me telling you that I have PTSD…I mean… The systems backwards!
People get denied for this … Dr: hi how are how you doing . I’m ok, making it. …. Denied
VA CLAIMS- Veterans helping Veterans join the group they helped me in less than 4 months it’s a facebook group
Was he compensated for Agent Orange?
Do a speak to HLR I did mine and still waiting
What Va he went through ?
I was denied also
I mean isn’t it a good thing that he doesn’t have PTSD?
I would highly recommend doing a supp claim with a statement explaining his service and how his ptsd has effected his daily life since getting out of service
What is eye details for claim I have glaucoma and no vision in one eye due to retina problems
Here is the VA rating links
# Mental Disorders
[4.125](https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_125.doc) – Diagnosis of Mental Disorders
[4.126](https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_126.doc) – Evaluation of Disability from Mental Disorders
[4.127 – 4.128 – 4.129](https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_127%20to%20129.doc) – Mental Retardation and Personality Disorders/Convalescence Ratings Following Extended Hospitalization/Mental Disorders Due to Traumatic Stress
[4.130](https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_130.doc) – Schedule of Ratings – Mental DisordersMental Disorders
[4.125](https://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_125.doc)
He needs a diagnosis of PTSD from a VA physician. Once he gets that they can consider the DBQ from the private doctor. Also he needs at least 3 buddy letters. You could write one and get two other people to do so. Be sure to list all his symptoms and align them with the stressors of PTSD. The more evidence that you have to confirm his symptoms the better it will be. Also have him to write his own personal statement explaining how it has affected his life over the years and his mental health. File a supplemental claim to appeal the decision online and once those documents are completed upload them to the quick submit portal. I would also reach out to constituent services for your state representatives and Senators office. They can have him to sign a privacy release and they will make inquiries to the VA on his behalf. Do this only after you have compiled the other documents. Let them know who he is, when and how he served and what issue he is having with the VA. They can’t do anything about his rating but they can put eyes on the claim and the VA doesn’t like that. The more people fighting for him, the stronger his claim will be. Don’t let him give up, he deserves what he’s going after.
Geez, this sub is outrageous and counterproductive now.
“ I’m right and your wrong” “ No, I’m right and your wrong”
The key question is where in Vietnam, what was he doing and was there hostile action that affected him
Lots of guys were stationed in Saigon area and never heard a shot fired in anger
I don’t want to judge but just being there proves nothing
My understanding was you had to be there 6 months to qualify for VSM
Yes. I’m a Vietnam vet
Fight for what is rightfully yours!!!!
I was denied my first time. Then when I got out I got my diagnosis with the VA and got 75% for mine the second go around. Took me about 11 months from first claim to 2nd attempt to get my PTSD rating
I suggest filing supplemental or secondaries linking to tinnitus. Soooooo many videos on YouTube with good information to do this.
They will hold out on the older vets. Contact his congressman. That’s what I had to do for my grandfather.
PTSD from partying in PI? What stressor did he encounter in the rear as an airman? Unless he was a POW, unlikely he ever saw a bad guy in Asia.
Reapplying as ptsd as a secondary claim to something else
Wait so can you approved for PTSD prior to actually being diagnosed with it through the VA?
I have a question, I got diagnosed for ptsd but through a therapist and they put in the diagnosis it was from the military, do y’all think that’s enough to get a percentage for it?
Try depression secondary to tinnitus..
Tell them he just crossed the border and he will get a debit card full of money and all the healthcare he wants 😥
I used vet link who now has partnered and been bought by ree medical. I think they are so good. And inexpensive