ptsd Feeling screwed

[Black3018]

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. 

[Black3018]

It took me 10 years to file because I honestly thought I didn't have any issues and that the things I was experiencing were normal for a combat vet. The nightmares, paranoia, trust issues, and memory loss. I filed after talking with my former platoon Sgt and not remembering some of the actions I did while I was in iraq( I don't remember several fire fights and an ied attack). After I talked to him for several hours I realized how big of a problem I had. I still struggled to file and get help because I didn't want to feel weak. In grateful for my therapy because it's helping. The whole situation is frustrating. I haven't had more then four hours of sleep a night since my c&p. I told the examiner everything that happened to me. Every fire fight, losing marines in my squad, watching my best friend die and not being able to save him. Nightmares every damn night since the exam. It's a struggle but it could be worse 

[DDuck]

No brother there is no "it could be worse". It is what it is. You know by now your not weak, it sucks what happens. But each case is not lesser or greater. It just, is what it is.

Great job on the therapy, keep your claim active don't give up. And just remember don't take it personally there is just some BS that is happening not against you personally.

Edited April 26, 2016 by DDuck

[Black3018]

I know I just hate red tape. But I know it's a process and I just have to keep fighting. I'm thankful I realized I was truly having issues before something bad happened like another divorce or losing my job

Edited April 23, 2016 by Black3018

[Fat]

NEVER GIVE UP

[VetlawUS]

File the appeal (NOD) before the 1 year deadline.   Whether you previously withdrew it or not.

If you do this before the 1 year from the date of original ratings decision denying, they have to consider the appeal - no matter what.

The only defense that they have is that they told you to withdraw in exchange for reconsideration - if they say that, get a lawyer asap.  Seriously, this "withdraw-your-NOD-for-a-reconsideration-that-doesn't-exist" is a fraud and deceptive, and I know that there are lawyers looking for a fact pattern like this to challenge it.

But you have got to file that NOD on time, first.  Within 1 year of the date of the original decision denying.

And then remember the lesson: when it comes to the VA, the only thing you should "withdraw" is your benefits from a bank account.   Seriously...no good comes of withdrawing anything, and it is usually a trick.

 

[Berta]

Thanks Chris for chiming in here.. Chris Attig is a Notable Veteran's lawyer.

Once they get the NOD, the Recon request is stopped (if they were working on it at all)but the NOD can cover all the basis the request did.

Have you already scanned and attached the denial here as to their reasons and bases and Evidence list?

If so I will search for it........ I am dumbfounded by the denial and wonder if there is more to it that we need to read.

Is the PH clearly on your DD 214 or did it show up in a subsequent DD 215?

Vets, always make sure, if you obtain a DD 215 with more awards etc than you thought you got, like my husband did, Make sure the VA is aware of the D215 as well as the 214, by sending a copy of it with any other stuff that is pertinent to your claim.

PH, CAR, CIB, all denote combat. They all are evidence of stressors.