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Pending decision before C&P???

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2NDMARDIVDOC

Question

Hello and thank you in advance. I'm pretty confused on what is happinging with my claim. A month ago I filed a FDC for PTSD, a bladder condition and a shoulder condition. I submitted quite a bit of medical evidence for all of them as well as a completed DBQ from my private psych doc for the PTSD clam. Within a week enenefits changed from received to gathering evidence to pending decision approval. At no point did the VA order me any C&P exams yet the claim went through all those phases. Then today I get a call from the VA trying to schedule me for a C&P for the bladder and shoulder. My question is if they could grant my PTSD and start paying me before they get the exams back on the other 2 issues?? I just can't understand why ebenefits would say pending decision approval otherwise. Any knowledgeable info is  appreciated. 

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I didnt realize you had  already filed again for the bladder condition.

If VA had denied the shoulder, and PTSD ( the CUE post was about the bladder condition)

you will need new and material evidence (N & M) to re-open any previously denied claim.

I was thinking over the other posts and I feel the bladder condition should be re opened under 3,.156 as well as with a CUE claim too. The N & M you have ( the discharge cert and post service treatment records.) I hope they didnt deny again if they didnt get any new and material evidence.Did you send them copies of that stuff or attach it at ebenefits?

VA will not accept a PTSD diagnosis unless it comes from a VA MH health care provider....however did they deny PTSD in the past, via a C & P exam,  and yet now have made a decision without a C & P?

It is possible they made a CUE in the past denial.????

This is all confusing.

Are you rated at all for a TBI?

Can you tell us what your SC ratings are for?

"pending decision approval" only means they are seeking approval on the decision from some GS level higher than their level....it could mean denial or award.

 

 

 

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Berta, 

ok I will try to clarify. In feb of 2016 I filed for PTSD. At that time I did NOT have a dx of PTSD from anyone. I was sent to a CP exam and the Ahole "dr" said I did have PTSD but not from the military. He said that because of how long I took to file he didn't believe my PTSD was from my service. 

I immideatly disagreed and booked an apt for mental health at the VA as well as book an appt with a civilian psych dr. Both the VA AND the civilian Dr dx'd me with PTSD AND ANXIETY. My civilian psych dr also filled out a DBQ for me and stated the dx as PTSD and anxiety. I went to my DAV rep with the new evidence. My rep refilled my claim like this "mental condition to include PTSD" he said that way the raters could use my civilian Dr's DBQ since it also dx'd anxiety. 

I am currently awaiting a decision on this claim which also includes the CUE on my bladder condition as well as the new claim for my shoulder. I am headed to regional shortly to get a copy of my decision letter from back in 02 when they denied connection for my bladder so I can tell you exactly why they denied it. 

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OK I got it Thanks!

 "My rep refilled my claim like this "mental condition to include PTSD" he said that way the raters could use my civilian Dr's DBQ since it also dx'd anxiety. 

Good...it does not always help if a vet locks themselves in to PTSD.Your rep is right!

"I was sent to a CP exam and the Ahole "dr" said I did have PTSD but not from the military. He said that because of how long I took to file he didn't believe my PTSD was from my service."

That is absurd. I guess he didnt know the PT part of PTSD means post trauma, there is no timeline on PTSD.

Do you have solid proof of your inservice stressor?

 

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HUH? they confirmed the stressor but you were denied,because of the C & P exam ?????

Sometimes I think I have seen it all. I am always wrong.

Just for the heck of it I searched at BVA for

PTSD Vietnam

 

“Page 1 of 5999 results — searched 94446

Query: (ptsd) AND ("vietnam")”

Many were claims for higher PTSD rating but here’s one

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files5/1637777.txt

In Part: “The Veteran served on active duty from August 1965 to July 1968.  He is the recipient of numerous awards and decorations, to include the Purple Heart Medal.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana, which denied service connection for PTSD and determined that new and material evidence had not been received in order to reopen claims of entitlement to service connection for residuals of left ring finger laceration and right foot injury.  The Veteran subsequently perfected an appeal of all three issues.”

 

The claim was remanded for a right foot injury but the BVA awarded for PTSD in 2016 .(about 50 years after he was in Vietnam)

 

Aint that the shits? He had a PH on his DD 214!

Combat-incountry- Vietnam.

VA cant read.

 

 

 

 

Edited by Berta
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