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. 

[Buck52]

Thanks Chris for clearing this up

I almost mention what you mention here but I was not forsure?

...I never knew a veteran can file an NOD  if he has one filed for the existing claim?

In this veterans case  he could refile NOD being his Current one is about to run out of its limits?

 and  Ask VA possible  to CUE Them-self for asking the veteran to withdraw his NOD and apply for the reconsideration.

I was under the impression he did File the NOD  but was about to ruin out May 25th 2016

Maybe this is why the mention to withdraw the NOD?

Maybe I'm not understanding this claim?

...Buck

[Berta]

Yes it could be a GCY ( Go CUE Yourself claim under 38 CFR 4.6 Buck

but we would need to see the entire decision and the Evidence list to determine that.

sorry for underlining , my windows 10 acts strange.

so do I

I can help write it here if we see the decision and if they did in fact commit a CUE.

It is so bizarre...

 

 

[Berta]

Except his time is running out for all of this.........they did my last 2 GCY CUE claims within appeals , filed days after I got the decision...

and they were awards but I assure you they might not react to this vet as fast as they did to me...

I loved the one on the lack of BOD statement. The Director called me to apologize for both of their cues in these 2 claims.

The BOD CUE was not an award as such , but  it was a victory for the years of them crapping on me.....and I always succeed anyhow----

that is the EVIDENCE ,once they read it, has always been more than probative.Evidence is what wins claims.

If we see the decision I can find the director's fax # and he could get the CUE  to them fast. But time is of the essence and my personal time is growing very limited here,.

[Chuck75]

As sort of a last resort, I'd consider the regs/laws concerning evidentiary requirements and the relaxation supposedly required to be given combat veterans.

In essence, if followed completely (The VA invariably tries to not do so). the VA would have to prove that the conditions (PTSD) were not a result of

combat. This, at least in theory, would negate the "not enough evidence" VA stance.

[Black3018]

My combat action ribbon is on my dd214 and my Purple Heart is in my service records. I thought I put my denial on here but I guess I didn't. I will do it when I get the chance

[Berta]

I noted they denied the claim about 3 months after they got it???

Apparently , as you said, the doc didn't have the service records?

Where was the second April 8th C & P done? If at a VAMC ,have you obtained a copy if it?

Did your VSO consider filing for a NOD extension for good cause, because of the missing documents?

I asked some of this above before...........they would have to render a new decision on the additional C & P (if both were  for PTSD) and it is the newer decision that should give you more time to NOD if it is another  denial.

But I am thinking since so much time has passed already since the first denial that your rep could file for extension of NOD deadline for Good Cause but  still make sure the NOD is filed on time.

because the initial C & P doc didn't have the records. I filed one of these last year. They awarded that claim without even needing to consider the extension request...because it fulfilled the Good Cause part of those regs, available here somewhere under our search feature.

It is CYA tactic. If a new decision must be made per the newer C & P than how can they hold you to the last NOD deadline? They can't but they sure  might.

I am sorry you are going through all this Bull crap. It is almost SOP with the VA to mess things up.And as I and others have said here many times, it is warfare... a war of the words.....geared to keeping  compensation from  veterans who deserve it.