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    • Footnote One Nehmer (A0)
      38 CFR 3.307 (a)(2) is thrown out the window. They treated me for malaria, but just like described in all medical journals, when a victim is already infected, they "will have a reaction to chloroquine". The VA is denying every reason for me being hospitalized for a month. i told them before I was even admitted as an inpatient that I was eaten alive by misquotes because I had no net the first night or two in the Delta. A month for a chloroquine reaction? Really? Who would believe that? An entire month? A few hours, even a day, but a month? No what! sorry Berta, but it is still just a cover up, hiding the facts, and denying a large retro pay. That is all it has ever been.  Whem my claim was denied, they said Agent Orange "DID NO DAMAGE", and there was "THERE IS NO CAUSAL RELATIONSHIP YET ESTABLISHED///stop there. "Yet established". My claim was denied because they knew in 1968 that the diseases in the Delta were rampant, to the point it was affecting military operations. So, in my denial they did not list a single presumptive condition that is now law. Not one. Nothing was coded.  Time to lawyer up it seems. The VA is wrong, and every last cent I have will be spent proving it, it looks like. Time for the media!
    • Question about NOD wait time after applying.
      II will add this  if your homeless and have or show good reason you need your claim adjudicated  for hardship  they are suppose to speed up/ Expedite   your claim within 30 days.  other than that  they will take there time... The process of changing over to the digitized world is what is slowing down all the claims now...hopefully next year the change over will be done.
    • Question about NOD wait time after applying.
      Wayne Usually after you send in your NOD Request  DRO Hearing  it depends on how many  hearings is ahead of you?...I was let known about my Hearing in 2 months  when an where and time it would be after I sent in my NOD requesting the DRO Hearing.  but it just depends on how busy they are...my last claim  Waco RO sent my claim to Salt Lake City to have a decision made...this was last Jan/Feb 2016 The only explanation I can give  is the rater that read what your C&P examiner wrote down  ''skip your evidence'' he must not have read it?, ...what was their reason for denying your claim the first time? Anyway this is why we Have the DRO Hearings  its better to get your claim decided at the RO Level than wait in line at the BVA.  So the DRO can sort through all this and read your evidence you have now & Listen to you. and its your chance to tell him what you had at your C&P Exam ''clear evidence was right in front of him/her'' why was I denied?? you mention/ show a DRO that and I'll guarantee you will walk out of there knowing that your going to win your claim or increase or what ever....evidence is the whole key to winning your claim. Usually if a DRO Says I'll let ya know in 60 days  after your hearing this is not a good sign  because there unsure of a decision...and it could take a year or two or three. if you don't hear from them in 60 days after your hearing  I'd bug the hell out of them. until I got results.  you can say you did your part now do your part and make a decision on my claim  so that other veterans can get there claims adjudicated as well. Thank you Sir. Its just that some raters & C&P Examiners choose not to read it. I ask a DRO at my hearing one time after the Hearing was over  I ask him why in the hell didn't the C&P Doc read all my evidence?  and by him not reading it obviously I was denied...I ask him what will happen to that examiner? will he get fired? he said probably not...I said well what about all the lies he stated at my exam  will those documents go into my C-FILE ? HE SAID UNFORTUNATELY Yes they will but will never be used against you in any claim you file as this has been adjudicated  once adjudicated they can't go back.
    • Question about NOD wait time after applying.
      Navy 4 Life.......I requested a DRO Hearing.......I read a lot of opinions on here saying DRO Hearing is the way to go so you can challenge the evidence eyeball to eyeball in person.  My question is if my EVIDENCE submitted to DRO is clearly evident that a disability increase has exceeded the criteria for an increase why would I even need to wait all that time on Waco backlog (12-24 mos) for a Hearing date when clear cut evidence sits right there in front of him/her right now?????  This is the question I am still trying to understand / seek out if clear evidence makes any difference time-wise on an NOD to be granted an increase, and thus a Hearing would no longer be necessary (I assume) unless they simply wish to be blind to the evidence and facts to play out the string until a Hearing is set Thanks Wayne. 
    • Is this a cue?
      Ok i'm 100% now as of septermber 2015 but i was wondering my original claim I won sleep apnea and lost depression and anxiety. I filed an apeal for anxiety and depression and also filed a new claim depression anxiety secondary to sleap apnea. well 9 months went by and then they just closed my claim i called they said i had an appeal in for the same thing. I canceled my appeal refiled sleap apnea and depression secondary to sleap apnea and won. I took a break because all this has taken a toll on. me and i had been a 4 year battle because claims use to take 2 years. I think i should of won my original claim, is there anything I can do about this. thanks for all the advice
    • Question about NOD wait time after applying.
      Right now I think the hold up is them getting all documents digitized. The VA was suppose to get the wait time down to 125 days at the end of 2015..they missed that goal and now it looks like at the end of 2016. VBMS is a web-based, electronic claims processing solution complemented by improved business processes. It will assist in eliminating the existing claims backlog and serve as the technology platform for quicker, more accurate claims processing.  .........Buck
    • Question about NOD wait time after applying.
      I filed my NOD November 2014 and I inquired through IRIS and Under Secretary for Benefits in January 2016.  I got a hearing February 2016 with WACO.  I had the DRO hearing and I think it went well BUT now I am awaiting the decision for over 3 months. WACO is about 12-24 months for a DRO hearing. Did you request a DRO hearing in your NOD?
    • PTSD-MST Treatment(s)
      Yes - please utilize the above link- I had to write the statement for the Parole Board to assist in denying the parole for this inmate.  I made a lot of mistakes with my claim but self education has been essential and being proactive. God Bless.
    • PTSD-MST Treatment(s)
      mkah - check out this article  How to Write a Stressor Statement for a PTSD Claim for Veterans Disability Compensation

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NSA-Saigon-ET

Vietnam Claim For Ptsd -Ongoing Since 1994

12 posts in this topic

This is a summary of my PTSD claim I want to present to DRO at local hearing. The VA has all my supporting documents.

Claim by veteran for service connected disability of PTSD

------------------------------------------------------------------------------------------------------------

VA Rating Decision 8/13/1994 – claim denied.

VA Rating Decision 8/13/2003– claim denied, but reopened.

VA Rating Decision 2/03/2009 – claim denied.

NOD filed at Houston VARO for DRO and local hearing 2/10/2009-currently waiting for local hearing to be scheduled.

------------------------------------------------------------------------------------------------------------

Evidence submitted to VA in 1994

Veterans SMR.

Veterans SPR

Treatment records from Lovelace Medical Center

Treatment records from Vet Center Manchester, NH.

Treatment records from VAMC Manchester, NH.

Written statement by Veteran

Evidence submitted by veteran in 2003

Additional veteran statement dated 2003 restating stressors from Vietnam service

Supporting information taken from a USN Internet web site

Photographs taken from a shipmate in Vietnam

Photograph of shipmate who performed similar service in Vietnam;

USN performance document supporting service in Vietnam

Outpatient records from VAMC Bay Pines 2003

------------------------------------------------------------------------------------------------------------

Evidence submitted by veteran in 2007

Independent medical opinion from Dr. Glenn Boyd

Outpatient treatment records from VAMC Houston 2004-2008

------------------------------------------------------------------------------------------------------------

Evidence submitted in August 2009 by veteran:

NPRC report containing ARMY Third Field Hospital in-patient treatment for veteran in 1969 at Saigon, RVN.

------------------------------------------------------------------------------------------------------------

I. Service connection claim for PTSD

The veteran submitted statements detailing all events as remembered. The account also contained detailed information as to witnesses, dates and locations whenever possible. The veteran did not keep a log or diary of service in Vietnam and many assignments were performed alone in travelling and work performed. The veteran served a total of 18 months in Vietnam and normally worked alone when on assignments to the various detachments scattered in II thru IV Corps in Vietnam. The veteran travelled with many current copies of TAD orders on his person. These orders were of a Priority II status which allowed for travel by any military means to any military organization within the confines of RVN. These orders were issued from the Repair division of NSA Saigon at NHA BE and signed by his division officer. The effective dates on these orders were usual a range of 3 month intervals and were renew as needed.<BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">

The veteran has submitted stressor letters of events he remembers. One of the traumas was suffering a foot injury because of an explosion while riding from a work assignment in Saigon. This incident resulted in a 5 inch shrapnel wound to the right heel. He was treated at the Army Third Field Hospital and admitted for 2 weeks for further treatment.

The veteran has found the actual treatment records from the Third Field Hospital which documents his treatment as stated for his injury to the right foot in Saigon in July, 1969. He has submitted this document to the VA as evidence.

The veteran has documents supporting his work throughout Vietnam

And has submitted other documents from shipmates which were submitted to web sites on the internet.

Veteran also has document in SMR for a head injury resulting from an automobile accident in 1971. There was trauma to the head with loss of teeth and a laceration of the lower jaw across the chin. His resulted in a hospital stay for treatment at the naval hospital in Portsmouth, VA.

The veteran feels he has sufficient documentation submitted to establish at least one traumatic event while serving in Vietnam.

The Veteran has sought help many time from the VA and other medical institutions for his readjustment after his military service.

The veteran tried to self medicate for years after his service to numb the feelings he had stemming from his chronic PTSD. Eventually serving jail and prison sentences because of his drug related activities. He had a history of alcohol abuse which was a means of survival for this untreated disorder.

The veteran appealed to the VA for mental counseling at the Vet center in Manchester, NH. He asked for help stemming from his Vietnam service and instead, he received some drawn out sessions pertaining to his childhood. When he repeatedly asked why he was not being helped with his PTSD symptoms. He was told he did not have PTSD, but Dysthmia. The veteran finally realized he was not going to get the help he needed from this center and quit the sessions.

The veteran has received counseling from the VA at the VAMC in Houston since 2004 and has a private doctor treating him for his PTSD. Dr. Glenn Boyd has given the proper current diagnosis of PTSD and has provided the service connection NEXUS needed by the VA for this claim.

The veteran filed for Social Security benefits as a disabled person because of his PTSD & MDD and was awarded this disability in 2008. He has submitted the award letter to the VA and also submitted the form for sharing of information.

Under the old rules his veteran has all three conditions to support a claim of PTSD.

Now what I don't know is if this claim will be reviewed under the old rules or the new ones. Under the old rules I believe I am ok, but under the new one will probably have to have a VA doctor ok the stressors, just more time wasted.

The irony of all this is that when I applied to the SS for disability it just sailed thru in 7-8 weeks total time. I then recieved a retro check for 18k and have been drawing SSDI every since.

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If your claim was being prosecuted prior to the new rules, then the rules that are more favorable to you are supposed to be used and probably will be. If your claim was continually prosecuted from 1994, they would need to follow the rules from then also, again, whichever is more favorable to the vet. And the same would go for a CUE.

pr

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Hi all,

I have rewritten my claim for PTSD to be presented at my upcoming local hearing. I believe that I have connected the dots and presented my claim in clear terms.

I have all three elements for a disability and service connection.

I have attached the edited document without my personal data. It might help others if the form makes sense.

Please comment if you see errors!

-donald

ptsd noname.doc

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This is well written and you gave good citations.

Did the VA have a copy of the NPDB report when they last denied?

Did they refer to your PTSD award from the SSA in that denial?

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PS- have you formally claimed the scarring and any muscular involvement or other residuals for the schrapnel injury?

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This is well written and you gave good citations.

Did the VA have a copy of the NPDB report when they last denied?

Did they refer to your PTSD award from the SSA in that denial?

Hi Berta,

Thanks for the review.

I think the earlier rating decision just ignored everything I submitted and did a rehash of their old decision. I see this now as my fault as I never tied everything up in a package for them to read and approve.

I believe the problem we vets have when submitting new evidence is that we simply send in the data. Either thru our VSO or just by ourselves. What we don't do in the begining is "connect the dots". I think we all believe that we will get a fair reading of the evidence and that the rater will be able to see our issues clearly, but is just doesn't appear to be true.

I understans now that the time constraints on the rater is enormous from their supervisors. I also see that they are told to deny if the claim is not clearly defined. I don't believe that the VA will defy regulations, but at the same time from all the posts I have read, it seems clear the veterans rush the process in the beginning.

This time around I have a local appeal looming in the background. I will read and submit my appeal at that time into the recorded session, including the document titles I used for reference.

I suggest all concerned vets post to these boards as they develop their claims and get the benefit from others experience as I have.

-donald

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If the VA denies you again hire a lawyer. I assume you are going for 100% or IU. The lawyers like to take these kinds of claims since the retro is usually large. It seems the VA is just looking for an excuse to deny you because it is easier to just continue to deny than to read your claim. With the hospital records I just don't see how they can deny unless they say you cannot prove the wound came from hostile fire.

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All previous posts to this thread notwithstanding, there is ONE thing that you MUST have, and I do not care how many "civilian" doctors opine that you have PTSD.........hell, the head of the psychiatry dept at Harvard Med School could say that you definitely have PTSD and that it is ALL because of your service. But, if you DO NOT have a CURRENT diagnosis from a VA psychiatrist or BOARD CERTIFIED psychologist............then you're up shit creek without a paddle. You can send them "statements" til the cows come home, but you MUST have this diagnosis and it must be SINCE the new regs took effect. But, having said all that, you do have and will most probably get, retro back to your original claim.

but, wtf do I know?

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All previous posts to this thread notwithstanding, there is ONE thing that you MUST have, and I do not care how many "civilian" doctors opine that you have PTSD.........hell, the head of the psychiatry dept at Harvard Med School could say that you definitely have PTSD and that it is ALL because of your service. But, if you DO NOT have a CURRENT diagnosis from a VA psychiatrist or BOARD CERTIFIED psychologist............then you're up shit creek without a paddle. You can send them "statements" til the cows come home, but you MUST have this diagnosis and it must be SINCE the new regs took effect. But, having said all that, you do have and will most probably get, retro back to your original claim.

but, wtf do I know?

I thank you for your input. i agree that they might schedule a C&P for a PTSD screen once again since the new regs came out. But even then, I feel I will be ok.

-donald

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I thank you for your input. i agree that they might schedule a C&P for a PTSD screen once again since the new regs came out. But even then, I feel I will be ok.

-donald

You're not okay unless you have a current diagnosis of PTSD by, as I said, a VA psychiatrist or board-certified psychologist.

but, then, WTF do I know, right?

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You're not okay unless you have a current diagnosis of PTSD by, as I said, a VA psychiatrist or board-certified psychologist.

but, then, WTF do I know, right?

Ok,

your point was and is well taken by me.

My claim may come under the new regulations or not.

If it does, then the VA will have to either get their own medical opinion or schedule a C&P for me to attend.

I have added into my appeal this new section.

It is me giving the VA notice that I am aware of the new regulations and I am also aware of their responsibility to me.

"The veteran is aware of the new VA regulations pertaining to PTSD claims. The veteran is not sure of the effects this will have on this claim. However, the veteran is sure that the VA will comply fully to 38 CFR 3.159. That should insure that the VA will make every effort to assist the claimant in acquiring any additional medical confirmation of the PTSD diagnosis and the nexus given by Dr. Boyd in this issue. This may mean the VA requesting either an additional medical opinion or a complete C & P examination. In either case a qualified VA affiliate should review all pertinent documents in the veterans folder to aid in the medical opinion or before interviewing the veteran.(see 38CFR 3.159 VA Duty to Assist) "

I realize that there is no guarantees that the VA doctor or PA will agree with the documents submitted, but I will be very surprised if they don't.

I thank you for the input and this new section will help.

-donald

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LarryJ, I am working on a claim similar to NSA-Saigon-ET's claim. It started before the new regulations and is still ongoing as a pre-new regs C&P dx'd PD and MDD, but not PTSD. Numerous pre-new regs VA PTSD dxs and several post-new regs PTSD dxs by both a VA psychiatrist and psychologist. Since this straddles the new regulations, which apply. Up until now the VA has always denied on the basis of no verifiable stressor. The stressor was verified and now the VA rater says no PTSD, but the VAMC PTSD clinic diagnoses PTSD. The vet has not had a new C&P since the new regs, but has several VA PTSD dxs since the new regs.

What do you think about claims like these that straddle the new regs? The book says that the VA must apply the regs most favorable to the vet, but the new regs seem to short circuit that approach. We, like NSA, aren't certain if the new regs apply to an older claim or how. Which should be stressed at the upcoming BVA hearing? What a mess!

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