ptsd Va issues

[duke3913]

While serving in iraq in 2005 I was tasked in route clearance in and around Baghdad.  My buffalo received several direct RPG strikes, small arms strikes, and on one occasion I was in a humvee when a 5 array efp detonated.  I received shrapnel, was knocked unconscious, and lost my driver that day.  I had problems with memory when I returned however dealt with it and finally a couple of years later I sought answers as to why my memory was so bad.  It turns out I was informed that I have damage to the left side of my brain after an MRI.  I also suffered from depression since coming home and eventually began taking meds to combat that.  When it came time for my compensation exam the psychologist stated that she doesn't believe I have ptsd and that the mri shows tbi.  I agreed with her that it was probably the leading factor to my issues and went on to my next appt. with the neurologist.  He informed me that I don't have TBI and that I could of possibly moved during the MRI and he believes I have Ptsd.  So in short I get issued a 40% rating for tinnitus, a condition under ptsd, 0% for my knees as I was in an airborne unit with alot of jumps, and a 0% for my high blood pressure.  I requested a DRO through my VA rep who never filed for it.  I had joined the national guard and was selected to go to a mobe site as I was flagged for another possible deployment.  While there the doctor opens my file and says I'm non deployable due to my TBI, and that I have to file for a medical retirement.  He links me up with some Colonel who starts that process.  After 6-7 trips to Ft. Campbell I'm told by the last person I saw down there that I meet the criteria for a full retirement, however since I'm successful in the civilian world now I don't.  Again I'm told I can file an appeal and that I could do so after I receive all my medical documents from them and I would have 60 days to do so.  Paperwork or appeal paperwork never came.  As I don't have time with my civilian career I rolled over and just took it on the chin.  Now after getting a divorce I've found more time and been thinking about how my issues from deployment are primarily responsible for my divorce that I should look back into filing an appeal.  I'm at a loss I suppose and just dis-heartened with the treatment received.  Any advice, it would be greatly appreciated. 

[Berta]

What is the date of the last decision you got from the VA?

When did the rep ask for the DRO hearing?

Is this the comp you get now? 40%?

 "So in short I get issued a 40% rating for tinnitus, a condition under ptsd, 0% for my knees as I was in an airborne unit with alot of jumps, and a 0% for my high blood pressure. "

 

[duke3913]

It was my original award so back in 2011 or so.  Sorry don't have the award in front of me.  I was awarded 30% for a dysthmia condition for a depressive disorder, and 10% for tinnitus.  My rep supposedly sent in the appeal paperwork but come to find out after a year of inquiring with him on my status I found he was no longer employed as a VSO.  The new VSO that came into the office looked up my file and stated the previous VSO did not submit the paperwork and left under questionable circumstances.  

[Berta]

Thanks, the tinnitus at 40 didnt make sense:

 "I was awarded 30% for a dysthmia condition for a depressive disorder, and 10% for tinnitus.  My rep supposedly sent in the appeal paperwork but come to find out after a year of inquiring with him on my status I found he was no longer employed as a VSO.  The new VSO that came into the office looked up my file and stated the previous VSO did not submit the paperwork and left under questionable circumstances.  "

I think you need to re open the claim with new and material evidence that would warrant a higher rating for the SC dysthmia (the VA will only pay for one MH issue.) if that is what you are seeking. It does sound like you have ratable TBI residuals.

Did you ever formally claim TBI and get denied for it? If so, you might have gotten a bogus TBI C & P exam...VA was supposed to send out letters to any vet who received a TBI exam by a VA doctor who did not have the expertise to diagnose TBI.This happened a few years ago and we had discussions here on that.

You should claim the TBI as well.

If you are awarded for exactly what the VSO never filed for you, that could be the basis of a lawsuit against the VSO- however he is gone and cannot harm veterans anymore.I only know of one lawsuit like that. It might not be worth the trouble.

This brings up the fact that we should NEVER solely depend on any Vet Rep or VSO to do what they say they will do. And if we have a rep, it pays to follow through on anything they say they sent to the VA...

 

 

[Gastone]

Duke, the list of Vets that relied exclusively on their VSO-reps, stretches around the block. Trust is OK, but verify everything they do on your behalf. You should have a copy of every Document that is filed with the VA, on your behalf, by your VSO. Don't rely on Vet to Rep telephone conversations.

There's also a very long list of dissatisfied Vets that believe that either by, error or omission, their VSO Reps screwed them over. Most Vets that rely solely on their VSO-Reps are "Ignorantly Blissful," right up till they get that VA Denial Letter. Don't be one of them!

Semper Fi

[MikeHunt]

I guy at my old job got "Vertrauen Sie Neimand" tattooed on his forearm.

Now, you need to get someone to fill out a favorable TBI DBQ. It needs to say the TBI symptoms have nothing to do with your other disabilities. ( 'discrete' is the two bit word)