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Feeling screwed

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Black3018

Question

I was denied for my fully developed PTSD claim as being not service related. I went to the DAV to file my appeal but they suggested I get treatment and counseling first to establish a paper trail and to get evidence of service connection. After about 6 months of treatment I went to file my appeal. They said to do the reconsideration based on new evidence ( treatment notes and a letter from my VA therapist plus copies of my Purple Heart award) and file a NOD at the same time. In mid March a representative of the VA called and said that reconsideration can go through but i have to drop the nod. I dropped it and I've had a new c&p exam on April 8 and it's still in the gathering evidence phase. My appeal time is over may 25th. After doing more research on my own I discovered that a reconsideration doesn't exist in the VA and I'm pissed at myself for listening to the DAV. Will This be considered a new claim or will my original date of 2-24-15 still be there? I'm also thinking I should file my NOD to preserve my original date but not sure what this will do to my reconsideration. Any advice would be helpful. 

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 Purple Heart ? Denied? ABSURD!

" I went to the DAV to file my appeal but they suggested I get treatment and counseling first to establish a paper trail and to get evidence of service connection." This is DAV BS. All they needed to see was the DD 214 and start the claim for you.

" After about 6 months of treatment I went to file my appeal. They said to do the reconsideration based on new evidence ( treatment notes and a letter from my VA therapist plus copies of my Purple Heart award) and file a NOD at the same time. In mid March a representative of the VA called and said that reconsideration can go through but i have to drop the nod."

That is VARO BS. Sometimes they will pretend they are working on the reconsideration request and hope they can piss away your NOD time,so that they then can deny the claim,and close it because you did not 'prosecute the claim' by filing a timely NOD.Then to re open it you would need new and material evidence and will have lost your most favorable EED from the other claim.

 

"I dropped it " do you mean you withdrew it but are prepared to file it within the year deadline if they fart araound with the reconsdieration request?

"and I've had a new c&p exam on April 8 and it's still in the gathering evidence phase." That is good. Have you been able to get the results?Was it done at VAMC?

 "My appeal time is over may 25th. After doing more research on my own I discovered that a reconsideration doesn't exist in the VA and I'm pissed at myself for listening to the DAV. "

There is definitely such thing as a Recon Request. I filed one myself years ago. Many vets here had filed them.

Only recently, maybe in the past year, did the VA actually add reconsideration request info in M21-1MR.

"Will This be considered a new claim or will my original date of 2-24-15 still be there? I'm also thinking I should file my NOD to preserve my original date but not sure what this will do to my reconsideration. Any advice would be helpful.  "

Perhaps due to the more recent C & P this will all turn around for you. I would if I were you do what I did....I marked my calender for the very last week I could file my timely NOD in.

After the reconsideration request, the VA did send me a lot of rhetoric, including a regulatiion they made up and could not produce when I asked for it, in order to deny the claim again...this all stemmed from 3 CUE claims I filed in 2003 and in 2004 and then asked for recon request on a decision they finally made, forget when...years later , and award letter, but I cued it and finally it was awarded properly in 2012.

With the M21-1MR entries that acknowledge now how these types of requests are to be made, you should not have to go through what I did.

A former DAV rep here told us DAV even has had their own Recon Request template for years.

But he left the board here when I had to prove to him that this type of r3equest does not stop the NOD clock and he was telling vets it did.

I gave him multiple BVA denials based on the fact that the veteran, with this type of request had not filed a timely NOD.

You will retain your actual EED if the NOD is filed in time. I hope you can get the C & P results ASAP however to see if they will change the outcome befire the NOD deadline is up.

 

 

 

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I must apologize- I read this too fast.....

I thought the DAV would not open a claim until you had treatment records...but you did say 'appeal' sorry about that...

.These re the M21-1MR Reconsideration Request guidelines:

a

Edited by Berta
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Wow, yeah, denied despite the PH!!!???!!! No wonder most Vets feel like we're being thrown under the bus....repeatedly!

Black3018, do what Berta tells you, her word is better than most, on here, she will not steer you wrong!

Semper Fi.

Andy

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Black3018, I agree with others above, you definitely need to file your NOD before time runs out. Hopefully your reconsideration will give you the rating you deserve, but if time is running out be SURE to file the NOD before the one year deadline is up. It is absolute bs that they denied your PTSD when you are a purple heart recipient, unbelievable!! You will be approved, dont give up and Best of Luck to you! 

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I'm going to file my NOD before May 25. I'm going to use the one that the DAV filed out for me and just change the date. I'm hoping the reconsideration gives me the rating I feel I deserve. This whole process is extremely stressful. My question is will filing my nod have adverse effects on my claim/ reconsideration?

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I can tell you that my story is similar, and you will get what you need it may take time.

How mine was similar was that I suffered a AGE during a routine dive that turned into a rescue of a distressed diver. I suffered physical trauma from the extraction of the diver. I spent over 12 hours in the tube with 3 extensions. All of this was documented; after the treatment I suffered migraines that were noted but never complained much about because I was told I would lose my pin. A year later I was sent to EOD school as "award" for my service (and I did want this very much).

A week before graduation i was hit by a drunk driver that was documented going 80+ miles per hour. He knocked me onto base with over 25 witnesses. After all treatments and therapy, MRI that showed 'lesions' on my brain (but it was noted that it was years of exposure at depth as a second class diver that was the cause. This turned out to be BS it was my head going thru a window.) I was deemed unfit for duty, recommended that I have surgery on my back which I declined, I was still urinating blood but they couldn't find out why (yes I was discharged with this condition still unresolved).

Years later my kidneys were starting to shut down they did surgery and found a bone fragment wrapped in scar tissue that came from by hip and lodged in my urethra they took pictures and the doctors had a shit fit when I showed them the documents that the military discharged me while I still had this condition.

My point is all of this I was discharged at 20%. Yep all that with documentation and 20%, another guy got 20 for twisting his knee during volleyball. Took me 10 years to calm down enough for my wife to force me to file again.

Keep on pushing by keeping your claim open as a PH recipient you will get your claim resolved in a positive way of that there is not doubt. Don't let the anger eat at you like I did it wasn't healthy and caused more problems for me.

My goal is to let you know that some serious BS happens in these claims sometimes for reason I can't begin to fathom. But you will get what you deserve, try to not take it personal there are many of us that were hosed.

Dan

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