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7 replies to this topic

#1 guillo

 
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Posted 17 September 2005 - 04:05 PM

Today, I recieved a Supplemental Statement of the Case from my VA regional Office, indicating denial of a S/C for PTSD. They state that the USASCURR (United States Armed Services Center for Unit Records Research) has no evidence of the stressors. Eventhough, the RO states in it's SSOC that "although incidents that the veteran provided may be true, but they are not researchable". All the evidence I've submitted, ie. letters from military members that have knowledge of the incident, my VA Mental Hyg. Dr. confims Chronic PTSD condition, VA C&P Dr. also confirmed the PTSD condition (Chronic) during a C&P evaluation. What do I do? The RO has given me 60 days to reply. Should I keep on debating with these a....oles local or go to the BVA.

Edited by guillo, 18 September 2005 - 03:20 PM.


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#2 john999

 
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Posted 17 September 2005 - 04:37 PM

Ask for a DE NOVO Review and if you have any more evidence of stressors submit it along with your NOD. 2 years and a remand if you go to the BVA is likely.

#3 Guest_Jim S._*GuestMember

 
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Posted 17 September 2005 - 05:40 PM

If you have eye witness accounts from service buddies in your unit, maybe they have records that record the event, that with their statement that you were their at the same time should help to prove your stressor in leiu of your records not showing it.

#4 wallyg

 
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Posted 17 September 2005 - 06:19 PM

This is one of the VA's newer ploys to deny PTSD. The first thing you need to do is write to CURR yourself and request a copy of the information provided to the VA.

This way you can check whether the information is correct, and more importantly, whether the VA is reading it correctly. They have been known to ignore favorable evidence many times.

Also, if you were in combat and have some documentation that shows that you were, then they are required to accept your version, and that of any buddies, unless the CURR data can prove you lied.

Keep fighting, just be sure to get your NOD and a Form 9 to the VA before your 60 days elapses.

Good luck.

#5 Hoppy

 
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Posted 17 September 2005 - 06:30 PM

Today, I recieved a Supplemental Statement of the Case from my VA regional Office, indicating denial of a S/C for PTSD.  They state that the USASCURR (United States Armed Services Center for Unit Records Research) has no evidence of the stressors.  Eventhough, the RO states in it's SSOC that "although incidents that the veteran provided may be true, but they are not researhable" .  All the evidence I've submitted, ie letters from military members that have knowledge of the incident, my VA Mental Hyg. Dr. confims the PTSD condition, VA C&P Dr. also confirmed the PTSD condition (Chronic) during a C&P evaluation.  What do I do? The RO has given me 60 days to reply.  Should I keep on debating with these a....oles local or go to the BVA.  PS My local DAV hasn't been great either.  PR

<{POST_SNAPBACK}>



Quillo,

I am not famaliar with the events your are referring to as a stressor. However I will give my two cents worth. If it is an aggravated assault that was unreported there used to be ways of obtaining secondary evidence of a stressor. This type of evidence was in the M21. It included such things as lowered performance ratings, injuries that are in the SMR that would be consistent with an an assault. There were others that I can not remember.

I filed a PTSD claim my self for a life threatening assault that occurred in a barracks. The assault caused immediate inservice symptoms consistant with a PTSD stressor. The symptoms were recorded in the SMR and a VA psychologist wrote a favorable report that the inservice medical reports were consistant with a PTSD stressor. When I went to the DRO he casually threw everything in the trash and said that if the asssault was not reported and investigated by "authorities" he would not service connect it as PTSD. This opinion contradicted the instructions in the M21. There could have been some more recent case law that changed things. I did not research it because I was service connected at 100% for other disabilities.

Hoppy
100% for Angioedema with secondary conditions

#6 Hoppy

 
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Posted 17 September 2005 - 08:51 PM

Today, I recieved a Supplemental Statement of the Case from my VA regional Office, indicating denial of a S/C for PTSD.  They state that the USASCURR (United States Armed Services Center for Unit Records Research) has no evidence of the stressors.  Eventhough, the RO states in it's SSOC that "although incidents that the veteran provided may be true, but they are not researhable" .  All the evidence I've submitted, ie letters from military members that have knowledge of the incident, my VA Mental Hyg. Dr. confims the PTSD condition, VA C&P Dr. also confirmed the PTSD condition (Chronic) during a C&P evaluation.  What do I do? The RO has given me 60 days to reply.  Should I keep on debating with these a....oles local or go to the BVA.  PS My local DAV hasn't been great either.  PR

<{POST_SNAPBACK}>

Quillo

I got your message I prefer to post to the board. That way you will get more feedback.

It is my understanding that the report that the fire fight actually happened is not enough. You need to put yourself in the location of the fire fight. You need to file a notice of disagreement and a form 9. Get a service officer to help you. You can always submit more information. It is important to file it as fast as you can get it.

Buddy letters do not always work. Because they have to prove the people you got the letters from were also there. Letters from officers that were in your unit and were aware of the situation because you told them at the time and that you were there might be helpful. The VA tends to assume that if you had a PTSD level stressor then there would be some colobarating evidence. They figure that somebody else would have noticed and noted it. Check your personnel file. Get this file if you do not have it. Look for reduction in performance, Other comments might appear.

It does not sound like your claim was fully developed. The RO is not very interested in helping you. They should have told you that they had your personnel file and reviewed it with no remarkable events noted. A blanket statement that the claim cannot be researched is not sufficiently specific. To properly develop the claim they need to tell what they researched and what the results were. Some of the other people on the board who were in the same branch of service as you were might know where you can get the personnel records and any other records that might contain evidence. The records exist somewhere.

I have talked with many veterans who were in PTSD programs. The RO gets lots of claims from people with non combat MOS's that claim to have PTSD stressors. They are not good at handling them. They do not work them through. You will need to do their work for them.

My thoughts

Hoppy
100% for Angioedema with secondary conditions

#7 Guest_Berta_*GuestMember

 
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Posted 19 September 2005 - 04:18 PM

agree with all above and I also suggest the DRO review.

Buddy statements- they must be eye witness accounts, they must corroborate that you were at the scene at the same time and place, the buddy should also put their full unit info and MOS when this occurred so it can be matched up with your unit and MOS at the time, and they should be notarized with the vets full name, address, phone number , email addy and I always suggest if the buddy is a VA claimant themselves- to put their c file on the statement or at least the service number they had in service.They can mail it to VARO without having you see their c file number or even the statement.

Why?
I am the adjudicator- let pretend -and you give me a signed Statement- unnotarized that says so and so was there when so and so got killed in jeep accident at Fort bragg in 1958. signed So and So

That means nothing to me.

Then I get from you a notarized statement from a man who describes his MOS -same as yours, and was in same unit and during the samre general time frame he verifies that he and you -due to your MOS , and many others were on the scene because -lets say you are both REDHORSE and the jeep was due to be returned to your specific duty station that day, putting the jeep in close proximity to you, and you both witnessed this horrific jeep accident at Fort Bragg in 1958 which caused the death of a guy you all knew fairly well. He states it might have been written about in the USAF news. He thinks he remembers the deceased name and hometown ( a source to find the actual obituary)
He gives his phone number on the statement .
I call him from the VARO and I immediately realise he is a SC disabled vet -with PTSD- caused by witnessing the same jeep accident.

That is what the VA is looking for -a Buddy statement with teeth in it.
They have certainly called Buddies to verify the statements they sent.
The buddy does NOT have to have PTSD from same event though- I just threw that in- it is possible however that many witnesses to the same event can have PTSD from it.

#8 Alex

 
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Posted 22 October 2005 - 11:26 AM

Hoppy --

The RO frequently says that the claim is too vague to be reseazrched, but, if you have a diagnosis they *hae* to go to YSASCRUR or the Marines. I can't count on my fingers and toes how many reversals I hae gotten from the Board on this. Now if the USASCRUR?Marine Crops say it is too vgue, they azve to send it back to the RO to tell the vet to shrpen it up.

Alex

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