Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Cue For Ptsd Claim?

Rate this question


usmcman001

Question

Question-

I had put in a claim for PTSD in early 08 and the claim was closed in Oct 08 for no supporting documents. I am a combat vet with a Combat action ribbon etc. I recieved a letter that stated they needed more evidence and what not. I sent in letters from fmily memebers and friends I was in the service with supporting statements of PTSD. I never was diagnosed with PTSD by the VA. In that fact I never went to the doc at all. After I sent in info About a month later I recieved another letter asking for more documents. I replied with no more information to provide. Shortly after I was denied for PTSD.

I currently have a open claim for PTSD again and was diagnosed by the psych with PTSD. Now just waiting to a rating from VBA. My question is should my claim from 08 been closed so quick and should they have gave me a C&P before a decision? I am trying to see if what I should do and if this a CUE. Also is there anyway to get back dated to that time since I was diagnosed with PTSD for this claim? Thanks

Link to comment
Share on other sites

  • Answers 26
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I understand that but for a diagnosis wouldn't the VA have to schedule a c&p for me to be diagnosed with PTSD in the first place? I have gotten a c&p scheduled for all other claims without doing a thing besides submitting for a sc disability. Just am thinking I got dicked by the dog on that claim. Thanks

Link to comment
Share on other sites

It was pretty crappy of the rater not To order the exam the first time. That could have possibly Given you The Needed diagnosis, but that time was not Relaxed standards. The reason you got the exam this time us relaxed Standards and the rater or va employee used their brain and knew they would get a diagnosis through a c&p. I doubt the CUE will stick because of the different Standards at

The time. The Va did duty to assist at that time. Hope or works out this time.

Link to comment
Share on other sites

Question-

I had put in a claim for PTSD in early 08 and the claim was closed in Oct 08 for no supporting documents. I am a combat vet with a Combat action ribbon etc.

usmc,

Do you have a copy of your DD214 ?

If yes, does your DD214 show you were awarded a CAR ?

Can you post the Reasons and Bases plus what's listed in the Evidence Section's

of the Rating Decision that denied service connection in Oct. 2008.

Link to comment
Share on other sites

Carlie yes I have a copy and will try to post up the decision once I scan it to computer. Also My dd214 shows CAR. What I dont understand is the VA set up c&p for hearing and leg issues I was having before I filed for the PTSD claim. I would have thought they would have made me an appt. They claim they never recieved any paperwork from me as far as statements go. They sent me another letter to see if I had any additional info and I checked no on that form. After that I think it was less than 30 days and it was denied and closed. Was aggrivated and pissed off really so I didnt even try to fight it. I was in denial of having PTSD to begin with and the better half made me get back on with VA and get help that I need. Is there anything that says the VA has to give you a C&P for a claim before denying claim? Thanks

Link to comment
Share on other sites

I understand that but for a diagnosis wouldn't the VA have to schedule a c&p for me to be diagnosed with PTSD in the first place? I have gotten a c&p scheduled for all other claims without doing a thing besides submitting for a sc disability. Just am thinking I got dicked by the dog on that claim. Thanks

usmc,

I'm not saying that the following reg would be supportive enough or even applicable to

succeed in a claim for CUE, (because it's only a duty to assist issue),

BUT

if your DD214 was included in the evidence of record in the Oct 2008 Rating Decision that denied

service connection for PTSD, and your Combat Action Ribbon (CAR) is listed on the DD214 -

that certainly should have triggered the decision maker to request a C&P examination by a

mental health professional - which MAY HAVE resulted in getting a PTSD diagnosis and benefits

granted at that time.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=021ddcc6b3c7997c93327d8e0b2332b6&rgn=div8&view=text&node=38:1.0.1.1.4.2.67.133&idno=38

§ 3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

Then on the other hand - if your CAR was not officially of record (at that time) on your DD214 - but it is now of record, the following reg might be applicable for earlier effective date purposes.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=021ddcc6b3c7997c93327d8e0b2332b6&rgn=div8&view=text&node=38:1.0.1.1.4.1.60.65&idno=38

§ 3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

Link to comment
Share on other sites

Isnt a dd214 always included no matter what? I would assume they would use as evidence of service etc.... If not I dont think I submitted a copy but I may be wrong.. I will have to go through paper work tomorrow.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use