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Ptsd Denial


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11 replies to this topic

#1 wolfangel57

 
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Posted 16 February 2011 - 10:43 PM

I have been fighting for my VA benefits for 20+ years. My VA Psychiatrist wrote
a letter on my behalf stating my PTSD was Service connected. I have been treated
by the VA for nearly 10 years for my PTSD and other service related illnesses. I am only 10% service connected right now for migraines.
Washington DC has denied me 3x saying my Psychiatrists letter was heresay and she based her information only on what I have told her. If the VA is treating me fro PTSD
when why are they not compensating me for my PTSD!!
I also have Fibromyalgia, Panic Anxiety Disorder, Sleep Disorder, Endometrosis (Not cureable) Loss of a tube and Ovary while in Service, MVA on base, the list goes on.
Records are conveniently not avaliable and Washington keeps asking me for new
information to consider my claim to be re-evaluated My Psychiatrist is well-reknowned
in the field for PTSD and for them to question her expertise is appalling to me any advice?




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#2 RonP

 
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Posted 17 February 2011 - 01:31 AM

I would be looking for one of those Special Attorneys "Ones that Win"

You are oin the Twilight zone if you think you can win by yourself......good luck.....you been had as some would say.
RP


I have been fighting for my VA benefits for 20+ years. My VA Psychiatrist wrote
a letter on my behalf stating my PTSD was Service connected. I have been treated
by the VA for nearly 10 years for my PTSD and other service related illnesses. I am only 10% service connected right now for migraines.
Washington DC has denied me 3x saying my Psychiatrists letter was heresay and she based her information only on what I have told her. If the VA is treating me fro PTSD
when why are they not compensating me for my PTSD!!
I also have Fibromyalgia, Panic Anxiety Disorder, Sleep Disorder, Endometrosis (Not cureable) Loss of a tube and Ovary while in Service, MVA on base, the list goes on.
Records are conveniently not avaliable and Washington keeps asking me for new
information to consider my claim to be re-evaluated My Psychiatrist is well-reknowned
in the field for PTSD and for them to question her expertise is appalling to me any advice?



[/quote]




#3 NSA-Saigon-ET

 
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Posted 17 February 2011 - 03:50 AM

Hi,
I am fighting my claim as well for PTSD. If you are looking for some advice from this group, you must first describe your current situation.

Please post information like the following:
* When and where did you first file for PTSD and what was the decision and their reasons?
* Did you have a documented stressor event in your file?
* Did you file a NOD before the 1 year response date?
* Have you completed an appeal?

Please remember that the facts speak for themselves and the VA must follow certain guidelines. Take your time when responding and try to enter data that helps us to help you.

#4 Vync

 
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Posted 17 February 2011 - 07:48 AM

Hey wolf,
Being diagnosed with PTSD is a big hurdle to cross. But the VA will also need additional information to confirm the stressor(s). If your PTSD was combat related, certain combat awards and other evidence may be required. If your PTSD was due to personal assault, other information will be required (see VBA Form 21-0781a, section 7 on page 3).

Your decision letter explains the details why your claim was denied. Did they indicate anything else other than the hearsay part? The VA should say if the stressors have been confirmed or not.

In tough situations like this, I would also recommend Ron's advice to locate a good attorney, probably one that works on contingency. This means they get paid a portion of any backpay you may receive involving the claim. Something of something is better than nothing. Also, don't let your claim go stale and don't give up!

#5 Berta

 
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Posted 17 February 2011 - 10:05 AM

Good advise here-

the diagnosis of PTSD is only one hurdle.

What NSA Saigon said is crucial:

"Did you have a documented stressor event in your file?"

Or have the CAR, PH, or CIB on your DD 214?

If not what have you done to prove the stressor?

Did VA run the stressor through JSRRC and if so, did you do that as well too?

#6 carlie

 
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Posted 17 February 2011 - 01:38 PM



My VA Psychiatrist wrote a letter on my behalf stating my PTSD was Service connected.
I have been treated by the VA for nearly 10 years for my PTSD and other service related illnesses.


Washington DC has denied me 3x saying my Psychiatrists letter was heresay and she based her information only on what I have told her. If the VA is treating me fro PTSD
when why are they not compensating me for my PTSD!!



wolfgang,


Too bad the Psychiatrist did not state she had gone thru your records and opined on WHAT HAPPENED on active duty
that resulted in your having PTSD. This is known as a stressor and you need to show one that is verifiable or evidence
that the VBA will automatically concede as a stressor for PTSD.


When and where did you do active duty. Were you ever in a combat area ?
Do you have any awards on your DD214 ?


What was the event that led to your diagnosis of PTSD ?

#7 Testvet

 
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Posted 17 February 2011 - 04:06 PM

the VARO did the same thing to me for the first 3 years they just kept saying I had no proof of stressor and even stated they had tried to locate the court martial records of the men whom I claimed attacked me in Jan 2005 I called the Clerk of Court DA JAG and a very nice lady asked me a few questions and within 5 minutes had found the 4 general court martials where I was a witness against the men, all 4 were convicted and sentenced to Leavenworth Disciplinary Barracks for 15 years for attempted murder and robbery, she asked me if I needed the summaries or the complete printed transcripts, I told her I thought the summaries would be enough I asked her how much for the copies she said they would be free and within a week she mailed them to me.

I had a DRO hearing about the denial of my PTSD and heart problems when I dropped the copies of the court martial on them I was led to believe my claims would be granted and they would stop the game playing oh hell no, when I got the award letter 3 months later they again denied the "heart problems" and my PTSD was granted at 50% I filed the NOD the very next day sorry SOBs a year later I was again sent for a C&P which lasted about 5 minutes and my PTSD was granted at 100% P&T they again denied the heart problems I filed the NOD the very next day (persistent bastard, ain't I?) I kept the claim alive though and at this point they allowed us to get lawyers for BVA appeals but since my claim was denied before June 2007 I was not allowed to "hire" a lawyer but there is nothing in the rules about a "pro bono" lawyer taking your case the lawyer that did my BVA appeal was very good she tried to settle it at the RO level the first time they said NO, she filed the Form 9 that was in August 2008 in Feb 2009 we had the BVA hearing on Apr 7 I got the letter from BVA granting the CAD and hypertension claims in June 2009 we got the award letter and the back pay to Dec 2003 for SMC S

I am now in the process of trying to get the earlier effective date based on a letter I sent to then Sec Principi as a "informal claim" dated 21 Nov 2002 that the VARO never put into my file nor the reply from the Director of the Alabama VARO dated 6 Dec 2002 why they had the Alabama guy do it is strange in that at the time I lived in Augusta GA and was using my wife's mothers house in Hopkins SC as my home of record as we had just married and were moving from Augusta to SC and did not know what our address would be

bottom line is you still have to show proof of stressors even with the diagnosis granted you have PTSDS now you have to PROVE that something happened while you were on active duty that caused it and you have to submit the proof, MP reports, police reports, hospital records, accident reports etc what ever the cause if you have to prove it did happen just having a doctor say it is service connected is not good enough by their rules the VA shrink was not there when the stressor occurred so the the VA it is just heresay regardless of how good or respected the doctor is, I had a retied Army Colonel MD write one of my IMOs and the VARO dismissed it as not being relevant

the VARO will use a C&P exam done by a Nurse Practitioner to dismiss a medical opinion of a board certified doctor and if they could they would use a janitor to do the C&P exams and just have a MD sign off on them to do denials the VA usually does what it wants why because they can

find the evidence you need proof always wins it mat take a decade or more to find the right judge just keep appealing and find the proof you need

#8 john999

 
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Posted 17 February 2011 - 04:44 PM

Keep fighting TestVet for that EED. Effective dates is the last chance the VA has to really screw a vet and they use that chance. It is all a disgrace the way they treat us. When you go back years and years for an EED or CUE they really get dumb and nasty.

#9 Berta

 
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Posted 18 February 2011 - 08:40 AM

Wolfangel -since you have been fighting the VA for 20 years-

I am sure you realize you need to have proof of the PTSD stressor.he BVA probabvly made the same point to you as within this 2010 decision.

If JSRRC couldn't find it (per the VA)I sure suggest to send JSRRC a letter asking them to verify it and give them as many details as possible as to time and place,unit etc.

Also you can access unit historys on line, as well as attempt to find a buddy for a buddy statement.

The VA's take on stressors is this:

"Service connection for PTSD requires: (1) medical evidence
establishing a diagnosis of the condition; (2) credible
supporting evidence that the claimed inservice stressor
occurred; and, (3) a link established by medical evidence,
between current symptoms and an inservice stressor. 38
C.F.R. 3.304(f).
Furthermore, if the Veteran did not engage in combat with the
enemy, or if the claimed stressors are not related to combat,
then the Veteran's testimony alone is not sufficient to
establish the occurrence of the claimed stressors, and that
testimony must be corroborated by credible supporting
evidence. Cohen v. Brown, 10 Vet. App. 128, 147 (1997).
Accordingly, service records or other corroborative evidence
must substantiate or verify the Veteran's testimony or
statements as to the occurrence of the claimed stressor. See
West (Carlton) v. Brown, 7 Vet. App. 70, 76 (1994); Zarycki
v. Brown, 6 Vet. App. 91, 98 (1993).

Moreover, a medical opinion diagnosing PTSD does not suffice
to verify the occurrence of the claimed inservice stressor.
Cohen, 10 Vet. App. at 142. The Court of Appeals for
Veterans Claims (Court) has held that, "[j]ust because a
physician or other health professional accepted appellant's
description of his [wartime] experiences as credible and
diagnosed appellant as suffering from PTSD does not mean the
[Board is] required to grant service connection for PTSD."
Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992)"



http://www4.va.gov/v...es2/1016880.txt

MANY here have had to do plenty of legwork to prove they experienced an inservice stressor even with a VA diagnosis of PTSD.

#10 chucknewcomb

 
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Posted 19 February 2011 - 04:31 PM

didnt obama sign some new law last summer making it easier to prove PTSD

#11 Testvet

 
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Posted 19 February 2011 - 11:51 PM

Chuck yes he did but that didn't mean give away the candy store there still has to be something to hang the approval on some bit of evidence other than just the veterans say so it's easier for OIF and OEF vets to get their claims thru but Nam claims are still going to be harder to get approved if you don't have the right awards or Purple Heart etc just being in Nam is not going to get you PTSD

for my 2 cents I actually think these new rules are actually going to make it harder to get claims approved now that you HAVE to have a VA shrink diagnose the PTSD and can;t use private docs to write IMOs for diagnosing new rules are not always better rules

#12 Berta

 
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Posted 20 February 2011 - 08:08 AM

Right:
http://www.va.gov/PTSD_QA.pdf

"The new rule will apply to claims:
"- received by VA on or after July 13, 2010;
- received before July 13, 2010 but not yet decided by a VA regional office;
- appealed to the Board of Veterans' Appeals on or after July 13, 2010;
- appealed to the Board before July 13, 2010, but not yet decided by the Board; and
- pending before VA on or after July 13, 2010, because the Court of Appeals for Veterans Claims vacated a Board decision and remanded for re-adjudication. "

The MOS has to be consistent with the stressor.




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