Filed Fdc For Reconsideration. How Long.

[kate7772]

Just filed a fully developed claim for reconsideration for PTSD and bilateral hearing loss/tinnitus. The original claim was filed by a vso that basically just said"we claim this" with no supporting evidence, diagnosis, etc and my husband and I were too uneducated in the process to know better. No surprise it was denied. This filing has the diagnosis (by va) and complete letters of support and reasonings. We had a wonderful man help us that is retired from dav and continues to help vets on his own. Was sent to Cleveland va. Any idea how backed up this office is and how long the process should take.

Thanks

Kate

[Navy04]

10-14 months is what I have heard they are taking up there. This is typical for most states, and mine has been since Sep 13.

[john999]

If this FDC is going to take 14 months why bother using Ebenefits? I think FDC system is so backlogged they are no better than regular process. Maybe at first it was better but now that all want to use this system I am sure it is broken down. I know it is broken down with the FDC claim I filed.

[Berta]

"Just filed a fully developed claim for reconsideration for PTSD and bilateral hearing loss/tinnitus."

Do you mean the claim was denied but you didnt appeal the denial in time and have filed a re-opened claim with new and material evidence?

There are no regulations controlling reconsiderations at the VARO Level, but there are at the BVA level,regharding a BVA desicion.

Some of us here have filed Reconsideration requests, but during the appellate process, while we were still at the RO level and we made sure we still had time to file NODs.

Some vets here succeeded in this type of request prior to filing the NOD but my request didn't, so I had to file a timely NOD anyhow.

I am not sure what you mean by reconsideration....

Edited April 10, 2014 by Berta

[Berta]

I found the answer to what I had asked:



You got some good advise within that past thread.

You have until Sept 2014 to file a NOD.

A PTSD claim requires a VA MH Professional's PTSD diagnosis and then must fulfill the stressor definition in the 2010 PTSD regulations.

Can you tell us the exact wording VA used to deny his PTSD claim?

The 2010 PTSD regulations are thus"

"Effective July 13, 2010, if a stressor claimed by a veteran is related to that veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and that a veteran's symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of that veteran's service, a veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor. 38 C.F.R. § 3.304(f)(3) (2013).

"[F]ear of hostile military or terrorist activity" means that a veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the veteran or others, such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the veteran's response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror. See id.

A veteran must have experienced, witnessed, or have been confronted by an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of that veteran or others, and that veteran's response to the event or circumstance must have involved a psychological or psycho-physiological state of fear, helplessness, or horror. The occurrence of an actual event or circumstance is necessary. In making this determination, VA must duly consider the places, types, and circumstances of a veteran's service as shown by the service record, the official history of each organization in which such a veteran served, a veteran's medical records, and all pertinent medical and lay evidence. The new rule is limited to cases in which the claimed stressor is related to a veteran's fear of hostile military or terrorist activity. See 75 Fed. Reg. 39843 (Jul. 13, 2010).

In determining whether service connection for PTSD is warranted, the Board shall consider the benefit-of-the-doubt doctrine. 38 U.S.C.A. 5107(b); 38 C.F.R. § 3.102; Alemany v. Brown, 9 Vet. App. 518 (1996); Gilbert v. Derwinski, 1 Vet. App. 49 (1991). "

Source:http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1400029.txt

If a veteran's stressor does not meet that criteria, and if they have the VA MH diagnosis of PTSD there are other ways they can prove they were involved in a stressful event.

[Berta]

Just to add a recent BVA case to show what I mean:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1335021.txt

The veteran did not fulfill the 2010 stressor criteria.

He did not claim PTSD due to combat or fear of hostile activity.

He got 2 buddy statements regarding an incident he was involved in in Guam in 1971.

Those statements supported his PTSD claim ,granted by the BVA .

[kate7772]

This claim was originally filed for irritability, nervousness and anxiety. My husband had no name for what his problem was. He just knew he was anxious, had nightmares, irritable, depressed, etc. for many years. He had suppressed everything for so many years and only went to VA because I insisted he get counseling. He had no diagnosis when this was originally filed. Since then, the VA has diagnosed him with severe, chronic PTSD and he is receiving medications and counseling through them ( strangely, he actually seems worse since starting treatment.) He totally fell apart when talking with the VA about his stressors (several attacks on his base and some other things.) I had no idea he had those feelings. Nor did I know he had suicidal thoughts. We have been married for 42 years and are extremely close. I am floored by this but so many things are falling into place. The VSO who originally filled out the paperwork was a total fool. He knew nothing and passed all his vast knowledge on to us. We knew even less so we trusted him. He basically just said "We are filing for this. End of story." No diagnosis, reasonings, stressors, etc. Over a year later, came the denial. No shock. He has since been fired.

The denial was simple and to the point:

"Your service treatment records are negative for complaints, findings, treatment or diagnosis of irritability, nervousness and anxiety during your period of military service and there is no evidence in your VAMC treatment records of complaints, findings, treatment or diagnosis of any mental health disorders or issues.

Service connection for irritability, nervousness and anxiety is denied since this condition neither occurred in nor was caused by service."

So, we filed for reconsideration, with the new evidence, including diagnosis and stressor letters. The fella that is helping us said we don't need to file a NOD until we see how the reconsideration of the FDC goes (as long as our 1 year is not up.) This man worked for the DAV for 38 years, helping Vets file claims and still helps them in retirement. Several Vets recommended him to us as a person that knows his stuff and has successfully helped many.

Edited April 10, 2014 by kate7772