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    • IF the VA "reduces" (cuts) your SMC S, then fight it as a reduction.  Remember, VA has to jump through all the hoops to reduce you, and going from 100% plus SMC S, to 100% is a reduction in rating.   File a nod to said reduction, if it happens, and argue that VA did not comply with this, below:  3.344 Stabilization of disability evaluations. (a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind. (b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made. (c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.   If VA argues they made CUE in awarding said SMC S, well then make them show it was UNDEBATABLE, that you did not qualify for SMC S.  For example, did they do a C and p exam where the examiner said you were definately "not" substantially confined?  They would have to have medical evidence that you DID NOT meet SMC S eligibility, and the burden would be on them to prove you did not meet it.   Also, if the VA made 2 or 3 decisions, and continued your SMC S, then VA is admitting they THOUGHT you were entitled to SMC S, therefore, its not undebatable..even VA is not clear on it!!   Cue is tough for us, make it tough for them, too.  Use their words and ratings against them.  
    • Roger that Navy4life  You did a well prepared Job on your part! other veteran should learn from this.
    • Me too. I was in Atlanta the other day and listening to my local radio stations via my phone when I heard part of an advertisement, so I looked it up and found that.
    • Just to clarify there weren't any errors in my informal hearing.  The errors that i received were in the decision/SOC because the DRO made the egregious error by refuting my medical opinion (Nexus Letter) I submitted from my VA Podiatrist.  A DRO can not refute a medical opinion because he is not a medical expert.  The DRO unfairly adjudicated the issues per the VA requirements of CFR 3.102, reasonable doubt, has not adequately applied CVA precedent opinion Moore V. Derwinski, relative equipoise was not adequately addressed and the doctor's highly probative IMO was not reconciled by the CP exam refuting opinions.  Possibly the most egregious error by the DRO, is that the DRO denied based on the DRO's own "non-medical" opinion.  The DRO is not qualified to refute an IMO opinion of the doctor's stature. That was the basis for the new DRO over turning my decision.  She told me that she was not sure why the other DRO denied me because the Nexus Letter was one of the best she had seen.  





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stebarbar

Denied For Ptsd

Question

C7p was 9/2012 and denied ptsd 1/2013 stating no combat action ribbon and no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn't issued until 1969. under medication for anxiety and depression. Can anyone tell me if I have a good chance of receiving compensation. Thanks

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14 answers to this question

Nod that decision and include the evidence. ask for reconsideration.

send it certified return recipt

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Have you tried claiming for anxiety and depression to included PTSD?

Edited by free_spirit_etc

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What he said!

Nod that decision and include the evidence. ask for reconsideration.

send it certified return recipt

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VA will only service connect and compensate for 1 mental health condition. There are many symptoms that a veteran must be diagnosed with before the actual rating of PTSD. If you have a diagnosis of PTSD and can show chronicity of the treatment, (by medical records) then I would submit a VA FM 21-0958 (NOD). You do have to be diagnosed with PTSD by a VA Doc.

You do not have to be in combat to have PTSD. Which would be a basis for a NOD if that's why they denied you.

I explain to veterans that have been rated for a mental health condition other than PTSD when they believed they should of been diagnosed with PTSD. Does it really mater what the diagnosis is, if you are receiving the treatment necessary for your condition. The VA docs will adapt a program for you based upon your needs, I would believe that would be most important.

The compensation is going to be the same regardless of the diagnosis..

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C7p was 9/2012 and denied ptsd 1/2013 stating no combat action ribbon and no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn't issued until 1969. under medication for anxiety and depression. Can anyone tell me if I have a good chance of receiving compensation. Thanks

“no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn....”

You sure are right about the CAB ,Marine.Yes you have a good case for comp in my opinion.

My husband was Vietnam vet,65-66 incountry 1stTMARDIV, Amphibious tractor battalion, USMC 1964-1968 and his DD 214 was all screwed up until he applied for a DD 215 with a DD 149.

http://www.jag.navy.mil/legal_services/documents/DD149.pdf

Just put 'Not applicable' to the injustice part and tell them you want the CAR and any other potential decorations, awards missing from your DD 214 to be corrected on a DD 215.

and mail it to where the form directs you to.

I cant tell if you have the CAR formally on a DD 215 already or just the CAR write up.....and the 215 is what the VA needs to see.(copy and sent with proof of mailing.)

Did you ever claim PTSD in a past VA claim that was denied?

That CAR certainly is good evidence for a stressor (which VA should concede)

Has your NOD been prepared yet?

“no dx by va pshchartrist but did have dx for ptsd 5/2012 . “

The 2012 Dx, …....was that from a VA psychiatrist?

How did the VA list that as evidence in the denial? (or didnt they list it and mention it in the denial

narrative at all ?

“I now have a dx's by psychiatrist and psychologist numerous times” VA shrinks????

Do you have a copy of the last PTSD C & P exam results?

You need to carefully read over the new 2010 PTSD criteria here

Is there any other BS reason, in the denial except for the 'stating no combat action ribbon' ?

That has NEVER been a PTSD criteria.for Vietnam Vets ..but it helps prove a stressor.

Re you able to scan and attach here this entire denial as to the Evidencxe list and Reasons and Bases? It sure sounds hokey to me how they handled your claim.

You might be able to file a CUE on this if the denial is solely based on the CAR.

VA has absolutely no regulations whatsoever that states that PTSD comp requires receipt of the CAR.

Cover your name, address and C file number if you can attach it here.

BTW my husband said they (the Marines being mustered out in 1968 )were all herded into a big room in Quantico to fill out forms that ended up being the info on their DD214s. Most of them had no idea what decorations and medals they had gotten so they couldn't fill out the forms properly..... and they all wanted to get the heck out of there.anyhow.........

Almost 30 years later he applied for a DD 149 and was stunned by what decorations they added....

to include the PUC. (your unit might have gotten that too.....)

They sent him the American Medals but told him he had to purchase the Medals from the Vietnamese Gov at a BX or PX, as our gov does not make them.

I have been derelict in not applying for his CAR. Need to do that. They will award it posthumously.

It would help us a lot to be able to read VA's actual mumbo jumbo for that denial if you can scan and attach it here.

Do you have a vet rep helping you?

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C7p was 9/2012 and denied ptsd 1/2013 stating no combat action ribbon and no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn't issued until 1969. under medication for anxiety and depression. Can anyone tell me if I have a good chance of receiving compensation. Thanks

“no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn....”

You sure are right about the CAB ,Marine.

My husband was Vietnam vet, USMC 1964-1968 and his DD 214 was all screwed up until he applied for a DD 215 with a DD 149.

http://www.jag.navy.mil/legal_services/documents/DD149.pdf

Just put 'Not applicable' to the injustice part and tell them you want the CAR and any other potential decorations, awards missing from your DD 214 to be corrected on a DD 215.

and mail it to where the form directs you to.

I cant tell if you have the CAR formally on a DD 215 and the 215 is what the VA needs to see.(copy and sent with proof of mailing.)

Did you ever claim PTSD in a past VA claim that was denied?

That CAR certainly is good evidence for a stressor (which VA should concede)

Has your NOD been prepared yet?

“no dx by va pshchartrist but did have dx for ptsd 5/2012 . “

The 2012 Dx, …....was that from a VA psychiatrist?

How did the VA list that as evidence in the denial? (or didnt they list it and mention it in the denial

narrative at all ?

“I now have a dx's by psychiatrist and psychologist numerous times” VA shrinks????

Do you have a copy of the last PTSD C & P exam results?

You need to carefully read over the new 2010 PTSD criteria here

Is there any other BS reason in the denial except for the 'stating no combat action ribbon' ?

That has never been a PTSD criteria.for Vietnam Vets ..but it helps prove a stressor.

Re you able to scan and attach here this entire denial as to the Evidencxe list and Reasons and Bases? It sure sounds hokey to me how they handled your claim.

Cover your name, address and C file number if you can attach it here.

BTW my husband said they (Marines being mustered out in 1968 )were all herded into a big room in Quantico to fill out forms that ended up being the info on their DD214s. Most of them had no idea what decorations and medals they had gotten so they couldn't fill out the forms properly..... and they all wanted to get the heck out of there....

Almost 30 years later he applied for a DD 149 and was stunned by what decorations they added....

to include the PUC. (your unit might have gotten that too.....)

They sent him the American Medals but told him he had to purchase the Medals from the Vietnamese Gov at a BX or PX, as our gov does not make them.

I have been derelict in not applying for his CAR. Need to do that. They will award it posthumpously.

http://en.wikipedia.org/wiki/Presidential_Unit_Citation_%28United_States%29#Vietnam_War

This is what they awarded to 3rdMARDIV (who Zumwalt turned into 1st MARDIV)

“Presidential Unit Citation”

(It is about 2/3s down the list:)_

3rd Marine Division

U.S. Marine Corps

8 March 65-15 September 67

Vietnam War

Here is the whole thing....maybe some jarhead like my husband out there never got this on their DD 214 and should have received it:

:

“For extraordinary heroism and outstanding performance of duty in action against the North Vietnamese Army and Viet Cong forces in the Republic of Vietnam from 8 March 1965 to 15 September 1967. Throughout this period, the Third Marine Division (Reinforced), operating in the five northermost provinces of the Republic of Vietnam, successfully executed its three-fold mission of occupying and defending key terrain, seeking out and destroying the enemy, and conducting an intensive pacification program. Operating in an area bordered by over 200 miles of South China Sea coastline, the mountainous Laotian border and the Demilitarized Zone, the Third Marine Division (Reinforced) successfully executed eighty major combat operations, carrying the battle to the enemy, destroying many of his forces, and capturing thousands of tons of weapons and material. In addition to these major operations, more than 125,000 offensive counterguerrilla actions, ranging from squad patrols and ambushes to company-sizes search and destroy operations, were conducted in both the coastal rice lands and the mountainous jungle inland. These bitterly contested actions routed the enemy from his well-entrenched positions, denied him access to his source of food, restricted his freedom of movement, and removed his influence from the heavily populated areas. In numerous operations, the Third marine Division (Reinforced) demonstrated the great efficacy of combined operations with units of the Army of the Republic of Vietnam. In July 1966, the Third marine Division (Reinforced) moved to the north to counter major elements of the North Vietnamese Army moving across the Demilitarized Zone into the Province of Quang Tri; its units fought a series of savage battles against the enemy, repeatedly distinguishing themselves and, time and again, forcing the enemy to retreat across the Demilitarized Zone. Imbued with an unrelenting combat spirit and initiative and undeterred by heavy hostile artillery and mortar fire, extremely difficult terrain, incessant heat and monsoon rains, the Third marine Division (Reinforced), employing courageous ground, heliborne and amphibious assaults, complemented by intense and accurate air, artillery and naval gunfire support, inflicted great losses on the enemy and denied him the political and militart victory he sought to achieve at any cost. The outstanding courage, resourcefulness and aggressive fighting spirit of the officers and men of the Third marine Division (Reinforced) in battle after battle againsta well-equipped and well-trained enemy, often numerically superior in strength, and the great humanitarianism constantly shown to the people of the Republic of Vietnam, reflected great credit upon the Marine Corps and were in keeping with the highest traditions of the United States Naval Service.[31

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