4 replies to this topic

[DOCRVSR]

Let me start by saying that I am a newly retired navy surface force independent duty hospital corpsman (11/1/11) and new RVSR. I filed my initial claim on 8/1/11 and received a partial rating from VARO San Diego on 2/1/12. My non combat PTSD claim was denied for further development although I completed my VA PTSD examination on 8/25/11. The examiner diagnosed me with PTSD and provided me with a clear nexus relating my claimed stressor to my humanitarian missions in Senegal. I was diagnosed with a Major depressive disorder while on active duty by a deployment psychologist due to the same claimed stressor. I found out on 4/2/12 that VARO San Diego submitted a PIES request for my entire personnel file due to me not having a campaign medal on my DD 214. Here is the issue you do not need a campaign medal for a non combat PTSD claim. I provided them with 13 pages of evidence on 1 March 2012 which has yet to be included into my C-file. I submitted a IRIS request asking why my claim was changed from a non combat claim to combat and sent back to the development phase. The answer i received was from Mr. Patrick Zondervan the service center manager stating that I should no what evidence is needed to develop my claim since I am a RVSR. He never answered my question about why my evidence has not been looked at and he never answered why the claim was changed wihtout me claiming a combat stressor. To make matter's worse he stated that as far as he is concerned the inquiry is closed and stated DO NOT REPLY TO THIS INQUIRY. If this is happening to me as a RVSR I can only imagine what is happening to my fellow Veterans who are not as versed as I am due to my job. I left out a very important part of this story and it is the type of claim changed after a congressional inquiry. They can't seem to be able to wrap there minds around the fact that I was deployed onboard a Dutch ship supporting the Royal Marines. We are taught that if the evidence is in equipoise you are the grant the claim in Favor of the Veteran. I have a diagnosis of PTSD with clear nexus and stressor conceded, my military job is consistent with the claim stressor, evidence was submitted (TAD ORDERS and Performance information memorandum from Africa) yet there still seem to be some confusion with the sensitive 7 RVSR. Any thoughts.

[carlie]

Let me start by saying that I am a newly retired navy surface force independent duty hospital corpsman (11/1/11) and new RVSR. I filed my initial claim on 8/1/11 and received a partial rating from VARO San Diego on 2/1/12.
My non combat PTSD claim was denied for further development although I completed my VA PTSD examination on 8/25/11.
Welcome,
Are you sure the PTSD was"denied" versus deferred ? If it was actually "denied" the VA would not continue with any
additional action for further development on this issue. - carlie

The examiner diagnosed me with PTSD and provided me with a clear nexus relating my claimed stressor to my humanitarian missions in Senegal. I was diagnosed with a Major depressive disorder while on active duty by a deployment psychologist due to the same claimed stressor.
What Diagnostic Codes and conditions is your current 40 percent SC for ? - carlie

I found out on 4/2/12 that VARO San Diego submitted a PIES request for my entire personnel file due to me not having a campaign medal on my DD 214.
Here is the issue you do not need a campaign medal for a non combat PTSD claim.
A campaign medal is also not a necessity even in a combat situation. - carlie

I provided them with 13 pages of evidence on 1 March 2012 which has yet to be included into my C-file.
These 13 pages maybe beneficial when/if you file a NOD. - carlie

I submitted a IRIS request asking why my claim was changed from a non combat claim to combat and sent back to the development phase. The answer i received was from Mr. Patrick Zondervan the service center manager stating that I should no what evidence is needed to develop my claim since I am a RVSR. He never answered my question about why my evidence has not been looked at and he never answered why the claim was changed wihtout me claiming a combat stressor.
Did you submit a 21-0781 ? - carlie
http://www.vba.va.gov/pubs/forms/VBA-21-0781-ARE.PDF

To make matter's worse he stated that as far as he is concerned the inquiry is closed and stated DO NOT REPLY TO THIS INQUIRY. If this is happening to me as a RVSR I can only imagine what is happening to my fellow Veterans who are not as versed as I am due to my job. I left out a very important part of this story and it is the type of claim changed after a congressional inquiry. They can't seem to be able to wrap there minds around the fact that I was deployed onboard a Dutch ship supporting the Royal Marines. We are taught that if the evidence is in equipoise you are the grant the claim in Favor of the Veteran.
Well, first off you have to be sure the probable and credible evidence of record is actually in relative equipoise
and only the VA decision maker has the authority to assign the weight to the evidence - (so this can actually
give them the upper hand). This has to be decided prior to even consideration of application of the BOD. - carlie

I have a diagnosis of PTSD with clear nexus and stressor conceded, my military job is consistent with the claim stressor, evidence was submitted (TAD ORDERS and Performance information memorandum from Africa) yet there still seem to be some confusion with the sensitive 7 RVSR. Any thoughts.

In regards to "I have a diagnosis of PTSD with clear nexus and stressor conceded", from what you've posted,
IF the PTSD has actually been denied (versus deferred for further development) , it appears to me that VBA
has not conceded your stressor at this point.
As you being a RVSR, I question as to why you would bother filing a claim for PTSD when you have documentation
that would get a claim for MH granted as SC'd MUCH MORE EASILY.
"I was diagnosed with a Major depressive disorder while on active duty by a deployment psychologist due to the same claimed stressor".
Sensitive 7 file is probably because you are a worker-bee.
It would be best to post the Reasons and Bases Section from your Rating Decision with redaction of personal
information like name, claim #, address, etc...- carlie
JMHO

[Berta]

I agree with Carlie----

"I was diagnosed with a Major depressive disorder while on active duty by a deployment psychologist due to the same claimed stressor".

Sensitive 7 file is probably because you are a worker-bee. "

That is positive evidence to support a MDD claim.

Did you leave the Mil with your comlete 201 file and SMRs from the Military? It sounds like it could all be in transit to your VARO.

."newly retired"

It might pay to see ,if you attain the level of SC needed, to look into the CRDP and CRSC programs. They can be searched here at hadit for discussions on these beneits. A vet can only be granted one of these benefits, and they are explained in the transition programs for all military personnel with a discharge pending.

http://www.military.com/benefits/content/military-pay/special-pay/combat-related-special-compensation.html

Then again in your case ,if the disability is deemed as "combat related" by VA , this would impact on whether you are eligible for CRSC.(Combat Related Special Compensation)

Edited by Berta, 07 April 2012 - 06:00 AM.

[DOCRVSR]

The claim was deferred as non combat ptsd and then sent back to development for combat ptsd. I never claimed a combat stressor so feeling out 0781 was not necessary. On my original 21-526 I claimed major depression but the VA examiner changed the diagnosis to PTSD. My concern is the legality behind changing a claim without first talking to the claimant. I forwarded all evidence and examinations(VA and Navy) to a friend of mine at VARO Buffalo who is an Appeals Decision Review Officer and she stated the claim should have never been deferred. According to her the with the diagnosis of PTSD by a VA examiner with nexus, evidence that I was in Africa doing humanitarian missions, and military job consistent with the claimed stressor the claim should have been granted. And if there was still doubt it would be a case of relative equipoise and favor going to the Veteran.

[carlie]

The claim was deferred as non combat ptsd and then sent back to development for combat ptsd. I never claimed a combat stressor so feeling out 0781 was not necessary. On my original 21-526 I claimed major depression but the VA examiner changed the diagnosis to PTSD. My concern is the legality behind changing a claim without first talking to the claimant. I forwarded all evidence and examinations(VA and Navy) to a friend of mine at VARO Buffalo who is an Appeals Decision Review Officer and she stated the claim should have never been deferred. According to her the with the diagnosis of PTSD by a VA examiner with nexus, evidence that I was in Africa doing humanitarian missions, and military job consistent with the claimed stressor the claim should have been granted. And if there was still doubt it would be a case of relative equipoise and favor going to the Veteran.

What you post that she has said - I would agree is the way the claim SHOULD HAVE BEEN adjudicated
BUT
with you being a RVSR - I feel sure that you are aware of the lack of consistency in adjudication of claim issues,
from one decision maker at one VARO versus one decision maker at a different VARO.

Simply stated as an example - say a RO has 25 raters (decision makers).
They are all to fully adjudicate the same exact claim.
This test would not provide consistent adjudicative actions nor consistent decisions.

This is just another issue to factor into the reasons, for the backlog.
JMHO