ptsd Varo Denied My Claims, No Comment On Smr's, No C&p.

[8up4life]

As the subject line states. The Local VARO denied all of my claims without considering evidence in their possession or ordering C&P exams. They awarded 10% NSC for Tinnitus ignoring my documented whiplash injuries and my combat. They denied claims for loss of use of L Arm ignoring the documented neurolical condition. They denied PTSD ignoring that I was attacked for 2 weeks by ballistic missiles followed by engaing the republican guard. They denied respiratory problems ignoring documeted difficulty breathing. Can someone please tell me what I am doing wrong? Basically they are telling me there is no evidence to support any of my claims but they cite the evidence they are ignoring. Im confused!

[8up4life]

John I was in the 8ID attached to 1st BDE 3RD AD TF 4-32. For 2 weeks I was based at the Khobar Towers waiting for our vehicles to come in. Our building was at the entrance with a view of the patriot battery. Didnt know this until missiles started flying and exploding over our building with shit rainign down including the warheads. This went on for 2 weeks until we went out into the desert beginning of Feb 91 and sat on the border for 3 weeks waitng to make our advance on 24th of Feb. You might recall Schwarzkopf describing a left hook, I was there! I have the SWA ribbon with 2 bronze stars and the Kuwait liberation medal.

Edited February 9, 2014 by 8up4life

[carlie]

Review the evidence list provided in the decision, item by item. Determine if all of the evidence you provided was, in fact, included in the evidence list. Then carefully review the Reasons and Bases they provide to see if the evidence on the list was in fact addressed. By addressed, I mean the decision must offer more than a perfunctory statement that there's no evidence or insufficient evidence to back your claim. They have to tell you HOW they got there, not just that they got there, and why the evidence you provided was insufficient to give you the benefit of the doubt.

Excellent reply !

[8up4life]

Edited February 13, 2014 by 8up4life

[8up4life]

Below is a claim I filed in June 2007

Service connection for loss of use of Arms.

Service connection for Tinnitus

Service Connection for PTSD

Service conection for back injury

Service conection for respiratory problems as due to an undiagnosed illness.

Evidence

Service Treatment Records

VCAA Letters

Letter they sent requesting info, that I didnt respond to.

St. Francis Medical Certificate

There is no mention of any local VAMC treament records. On the initial claim form I specifically state that I was treated at the local VAMC for PTSD.

They are in posession of the VAMC records from 92-93 all of which complain about my injury in a tank crash when I was in Desert Storm in MAR 91. They denied a 93 claim for this condition stating they were not able to get my service medical records which is BS because I sent for them when they told me that and I had them in less than a month from St.Louis. I still have the cover letter they sent me.

Service connection for loss of use of Arms.

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. We have denied your claim for sevice connection for loss of use of arms. We based this decision on your service treatment records which do not show a chronic disability for the claimed condition during your military service. The evidence received in connection with your claim fails to show you have been clinically diagnosed with any neurolgical condition of your arms as well as establish any relationship between loss of use of arms and any disease or injury during military service. Service connection for loss of use of arms is denied since this condition neiter occurred in nor was caused by service.

IGNORED

SMR Brachial Plexus/Neck/Thoracic Injury MAR 23, 1990 There is a stick man on the record showing L ARM ROM 90 deg Abduction Head 30 deg any direction. This record is mentioned below under Service conection for back injury but does not mention ROM

SMR Thoracic Injury Jan 21, 1992 Diagnosed: Causalgia persistent after injury in Desert Storm last Mar 91. Shoulder positions causes pain in chest radiating to back, pain doing pushups and situps.

note: I was subsequently awarded 10% for a sprained L shoulder on a later claim filed in 2010. The claim was for the same condition above.

Service connection for Tinnitus

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. We have denied your claim for service connection for tinnitus. We based this decision on your service treatment records which does not show a chronic disability for the claimed condition during your military service. The evidence received in connection with your claim fails to establish any relationship between tinnitus and any disease or injury during military service. Service connection for tinnutis is denied since this condition neither occurred in nor was caused by service. The cited treatment records from Columbus Speech and Hearing Center show a diagnosis of tinnutis, however, the evidence fails to show your tinnutis is related to your military service.

This ignores:

SMR Neck injury Mar 16, 1990

SMR Neck/Thoracic Injury MAR 23, 1990 The neck injury is mentioned under Service conection for back injury but not here.

COMABT EXPOSURE

NO C&P Exam

10% TINNITUS NSC I dont know what happened there. Maybe the rater was gonna award 10% and his supervisor jumped on him and made him change it.

Service Connection for PTSD

Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 CFR 4.125 (a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in service stressor occurred. If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardshis of the veteran's service, occurrence of the claimed in-service stressor may be established by the veterans lay testimony alone. If the evidence establishes that the veteran was a POW under those provisions this is all boiler plate...

Your service treatment records are negative for complaint, treatment, or diagnosis of post traumatic stress disorder during your active military service. The evidence received in connection with your claim fails to show a confirmed diagnosis of PTSD. The evidence of record fails to show a verifiable stressor. Your DD214, separation document, fails to show that you received any decorations or medals that would infer that you participated in a combat stressful event.

We asked you to complete and return VA form 21-0781 to verify stress producing events. As of today's date, our office has received no reply to this request for evidence. Therefore, we were not able to send a request to JSRRC to verify the stressors.

Here they mention nothing about my Southwest Asia Deployment. But under Service conection for respiratory problems as due to an undiagnosed illness. They aknowledge my deployment to SWA in the first sentence.

And on the initial claim paperwork I told them I was treated at the local VAMC in 96 for PTSD, but those records are not mentioned.

NO C&P exam

Service conection for back injury

The claim for serviceconection for back and shoulder injury is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. Service treatment records note you complained of back pain in the middle of your back in Jan 1990 after carrying and loading heavy objects on trucks. Objective findings noted there were no swelling or discoloration. There was tenderness and muscles appeared to be very tight. You had full range of motion. Assessment shows as strained muscle.

Then in March 1990, you complained of pain in the upper back and neck after practicing self defense on the prior day. Assessment shown as upper back strain. You were treated conservatively with motrin 400mg. The medical record for this incident has a picture of a stick figure man on it with inability to raise L Arm above 90 degrees or head 30 Deg in any direction. The rater does not mention ROM for this injury or how it happened because it would contradict them under loss off use of arms...

The cited treatment records from St. Francis note you were treated for accute myofascial strain of the lumbar in may 2006; however, the evidence fails to show this condition is related to your military service. Only if you ignore the Xray and the DDD part stating Schmorls nodes superior and inferior endplates of the anterior L1 which could be early onset osteophytes but cannot rule out injury. This is a compression fracture when I was injured in the turret. After I was slammed into the main gun I was slammed into the seat injurying my Lumbar. 96 VAMC Xray specifically shows the same abnormality of the L1 vertebrae and the SMR 3/20/92 I am complaining about left lower quardant rediculitis from the thoracolumbar junction.

A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Although there is a record of treatment in service for back injury, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service. Therefore service connection for back injury is denied.

They ignored:

SMR Thoracic Injury 1/21/1992

SMR Thoracic complaints 1/29/1992

SMR Thoracic complaints 2/21/1992

SMR LLQ muscle Strain 3/20/1992

VAMC Thoracic Dec 1992

VAMC Thoracic June 1993

VAMC Lumbar 1996

VAMC Thoracic/LUMBAR 94, 95, 96

Service conection for respiratory problems as due to an undiagnosed illness.

Your service period in Southwest Asia was for the period December 31, 1990 to May 18, 1991. There, they aknowledge I was deployed to Southwest Asia for Desert Shield and Desert Storm. My service medical record states I was injured in a tank while there and have difficulty breathing among other things. But they are ignoring the records.

Boiler Plate : The Gulfwar veterans benefits act authorizes VA to compensate any Gulfwar veteran suffering from a chronic disability resulting from an undiagnosed illness or combination of undiagnosed illnessess.

To fulfill the requirement for chronicity the claimed illness must have persisted for a period of 6 months. The 6 month period of chronicity is measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest.

Your service treatment records were reviewed and considered. These records are negative for complaint, treatment, or diagnosis, of a chronic respiratory condition during your active military service. In addition there is no medical evidence of record indicating you were diagnosed with a respiratory condition that manifested to a compensable degree within 1 year of your discharge from military service.

The disability must have persisted for a period of at least 6 months. Service connection for respiratory problems is denied since you have not been clinically diagnosed with a chronic disabling respiratory condition that has persisted for a period of 6 months.

The respiratory problems are related to a neck and upper thoracic injury not a GULFWAR SYNDROME. This is documented in my SMR 1/21/1992, difficulty breathing persistent after injury in DS in Mar. 1991. That is 8 mos.

No C&P Exams

I know its a lot of information. I had too many injuries and too many ingorant people treating me, but ignorance does not negate the facts.

Edited February 10, 2014 by 8up4life

[8up4life]

Edited February 10, 2014 by 8up4life

[ketchup56]

This is IMHO typical varo post hoc BS. This is what they do when they convolute,mistate,and flat out fail to read,let along comprehensive what they read to the point that they hope you will give up. Do Not give up. Based on what you have posted I feel the varo is running scared of 1992 claim filed where they had smr's in their possession but failed to secure those records and consider those records in the denied decision. If you later appeal/ reopen that claim based on newly discovered smr that were not considered in original claim this reopened/appealed claim indeed would be when/if awarded would have an eed of 1992.You must realize they know this already and are counting on you to NOT know. IMHO I would since they screwed and twisted this claim to this point,I would get this up to bva asap using the evidence and arguments from above in this topic.You have the right evidence BUT your'e arguing to the wrong body of the va.Bva will read and decider all post hoc bs and either award or remand based on what they find. VBA will not do right by you at this level,because of the amount of money due from the earlier effective date.

Again. Jmho