ATCJen Posted January 27, 2016 Share Posted January 27, 2016 (edited) Hello! I'd like to thank my buddies in the MST forum for the support and help fighting this uphill battle with the VA. I originally filed 12/2011 for this disability and the VA closed my case without notifying me at all, about 45 days later. They said they "tried" to advise me of this case being closed but my phone was disconnected and that i sent their letters back to them unopened. Both of those things are simply not true. I waited for 4 years like a fool thinking this claim was in the backlog but come to find out they closed it. I had it reopened, but the "new" effective date was 2/2015, over 4 years after the original claim was opened. It took me months to re-gather evidence and get expert opinions and my nexus letter from a therapist 10/2015 I turned in all the evidence I had. (Nexus, buddy letter, statements of evidence, statement of MST) 12/2015 I had C&P with a civilian provider. 1/2016 I am rated 100% with housebound SMC for this disability alone. Although I included a statement requesting the original effective date and provided evidence that my phone was not disconnected and that I was in constant reliable communication with the VA at the time they closed my case, they denied my request. In fact, they overlooked my upload of this info so it seems. SO the fight continues, and I'll fight to my last breath for this. 4 years of 100% back pay is a lot and I will not turn my back on this. I am filling out my NOD and sending it in this week. I'll update you guys in like 8 years when this is settled. lmao. My best advice to win your MST case is to have your therapist write a very specific letter. In fact, ask if you can work on it with them. If they are not familiar with the VA's behavioral markers, look it up and provide them with the information. Also, I received lots of good information here, but I also received a lot of discouraging opinions on here as well. Once i uploaded my nexus letter to get opinions and got all kinds of flack for it. My therapist wasn't high enough of a medical pro, the wording was all wrong, the VA was "NEVER going to accept it.." bla bla bla. It really had me discouraged and triggered a really dark depression episode for me. Please take the opinions on here as well-intended suggestions, not as written in stone expert opinions or harsh criticisms. People on these forums DO know a lot, though. So take things with a grain of salt, arm yourself with knowledge, ask questions, but ultimately you are the one thats going to make some important decisions regarding your fight with the VA. I'd also like to note that PTSD for personal trauma (MST) is handled differently than combat PTSD. The burden of proof is different. The forms are different. Use the MST board if you need help and use the resources listed on there for guidance in understanding what is needed for a successful claim. Its what I did. Here is the link to the post that followed me on this journey. FIGHT! Keep fighting! Never give up! Edited January 27, 2016 by ATCJen typo Vync, TALON II FE, ArNG11 and 1 other 4 Link to comment Share on other sites More sharing options...
Palma114 Posted January 27, 2016 Share Posted January 27, 2016 17 minutes ago, ATCJen said: Hello! I'd like to thank my buddies in the MST forum for the support and help fighting this uphill battle with the VA. I originally filed 12/2011 for this disability and the VA closed my case without notifying me at all, about 45 days later. They said they "tried" to advise me of this case being closed but my phone was disconnected and that i sent their letters back to them unopened. Both of those things are simply not true. I waited for 4 years like a fool thinking this claim was in the backlog but come to find out they closed it. I had it reopened, but the "new" effective date was 2/2015, over 4 years after the original claim was opened. It took me months to re-gather evidence and get expert opinions and my nexus letter from a therapist 10/2015 I turned in all the evidence I had. (Nexus, buddy letter, statements of evidence, statement of MST) 12/2015 I had C&P with a civilian provider. 1/2016 I am rated 100% with housebound SMC for this disability alone. Although I included a statement requesting the original effective date and provided evidence that my phone was not disconnected and that I was in constant reliable communication with the VA at the time they closed my case, they denied my request. In fact, they overlooked my upload of this info so it seems. SO the fight continues, and I'll fight to my last breath for this. 4 years of 100% back pay is a lot and I will not turn my back on this. I am filling out my NOD and sending it in this week. I'll update you guys in like 8 years when this is settled. lmao. My best advice to win your MST case is to have your therapist write a very specific letter. In fact, ask if you can work on it with them. If they are not familiar with the VA's behavioral markers, look it up and provide them with the information. Also, I received lots of good information here, but I also received a lot of discouraging opinions on here as well. Once i uploaded my nexus letter to get opinions and got all kinds of flack for it. My therapist wasn't high enough of a medical pro, the wording was all wrong, the VA was "NEVER going to accept it.." bla bla bla. It really had me discouraged and triggered a really dark depression episode for me. Please take the opinions on here as well-intended suggestions, not as written in stone expert opinions or harsh criticisms. People on these forums DO know a lot, though. So take things with a grain of salt, arm yourself with knowledge, ask questions, but ultimately you are the one thats going to make some important decisions regarding your fight with the VA. I'd also like to note that PTSD for personal trauma (MST) is handled differently than combat PTSD. The burden of proof is different. The forms are different. Use the MST board if you need help and use the resources listed on there for guidance in understanding what is needed for a successful claim. Its what I did. Here is the link to the post that followed me on this journey. FIGHT! Keep fighting! Never give up! Yes, nonstop, until you get what you deserve! ATCJen, Vync and flores97 3 Link to comment Share on other sites More sharing options...
ketchup56 Posted January 27, 2016 Share Posted January 27, 2016 What you had was a PENDING CLAIM and they definitely owe you. (1) Google Pending claim Doctrine and read and understand it then use as a defense (2) Ingram v Nicholson, Roberson v Principi, Moody v Principi. All pertain to the proper way to challenge and win earlier effective date appeals. Also the "presumption of regularity "in favor of the va does not attach if the notice letters that were so called sent to you were returned to them unopened .You must challenge this presumption as they already from what you posted are leaning on using that presumption assuming you will appeal their decision. You definitely have some homework to do but it can be done. I beat them on a claim they say i abandoned in 1983 using all these above case rulings. Good luck. .. flores97, Vync and ATCJen 3 Link to comment Share on other sites More sharing options...
ATCJen Posted January 28, 2016 Author Share Posted January 28, 2016 Thank you so much! Looks like I have some reading to do @ketchup56 I truly appreciate the gouge. Link to comment Share on other sites More sharing options...
Corpsman8404 Posted January 28, 2016 Share Posted January 28, 2016 Congrats! ATCJen 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted January 28, 2016 HadIt.com Elder Share Posted January 28, 2016 ATCJen If you filed a claim for this MST & PTSD 4 years ago yes you definitely have 4 years of retro coming if you have your proof and your copy of your claim from 4 years ago THIS IS WHY ITS VERY IMPORTANT TO CERTIFY ALL CORRESPONDENCE WITH THE VA AND KEEP COPIES OF EVERYTHING. definitely NOD that EED. ...................Buck rwskitch, ArNG11, ATCJen and 1 other 4 Link to comment Share on other sites More sharing options...
Recommended Posts