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    • Hi all.  My name is Megan.  My husband was medically retired from the Navy and rated  100% service connected with the VA.  He passed at 36 years old few weeks back due to his illness he was service connected for.  He was also on ssdi when he passed and our kids and I were receiving dependant benefits.  I was also in the caregiver program with the VA as he was housebound due to seizures after his brain injury.  My main question is will our ssdi survivor benefits affect the total amount that is payed by the DIC?  I have many other questions but am still I'm the very early stages of dealing with his passing amd would greatly appreciate any tips or nudges in the right direction of making sure I understand all benefits available to myself and our 2 children.  Thank you in advance.
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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.

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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PS Jbasser gve you good info ...to file for reconsideration, if you havent filed the NOD yet BUT you would still have to file a NOD by the Jan 2014 deadline if VA doesnt act on the request.

I personally think you have bases to file for a request that VA CUE itself,if they were aware of the CAR by the time this decision was made.

The fact that they used this statement "denied ptsd 1/2013 stating no combat action ribbon" is an absolute clear and unmistakable error (CUE) whether they knew of the CAR by time of this decision, or not.

Still we need to see the actual denial decision or a direct quote in VA's own words.

Did the C & P examiner know of the CAR?

I wonder if any of these people have any clue at all on Vietnam..........

The fact that you did get the CAR indicates to me, that you probably had a list of stressors like my husband did.

Something stinks here.........on VA's part.

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