DOCRVSR

The claim was deferred as non combat ptsd and then sent back to development for combat ptsd. I never claimed a combat stressor so feeling out 0781 was not necessary. On my original 21-526 I claimed major depression but the VA examiner changed the diagnosis to PTSD. My concern is the legality behind changing a claim without first talking to the claimant. I forwarded all evidence and examinations(VA and Navy) to a friend of mine at VARO Buffalo who is an Appeals Decision Review Officer and she stated the claim should have never been deferred. According to her the with the diagnosis of PTSD by a VA examiner with nexus, evidence that I was in Africa doing humanitarian missions, and military job consistent with the claimed stressor the claim should have been granted. And if there was still doubt it would be a case of relative equipoise and favor going to the Veteran.

Let me start by saying that I am a newly retired navy surface force independent duty hospital corpsman (11/1/11) and new RVSR. I filed my initial claim on 8/1/11 and received a partial rating from VARO San Diego on 2/1/12. My non combat PTSD claim was denied for further development although I completed my VA PTSD examination on 8/25/11. The examiner diagnosed me with PTSD and provided me with a clear nexus relating my claimed stressor to my humanitarian missions in Senegal. I was diagnosed with a Major depressive disorder while on active duty by a deployment psychologist due to the same claimed stressor. I found out on 4/2/12 that VARO San Diego submitted a PIES request for my entire personnel file due to me not having a campaign medal on my DD 214. Here is the issue you do not need a campaign medal for a non combat PTSD claim. I provided them with 13 pages of evidence on 1 March 2012 which has yet to be included into my C-file. I submitted a IRIS request asking why my claim was changed from a non combat claim to combat and sent back to the development phase. The answer i received was from Mr. Patrick Zondervan the service center manager stating that I should no what evidence is needed to develop my claim since I am a RVSR. He never answered my question about why my evidence has not been looked at and he never answered why the claim was changed wihtout me claiming a combat stressor. To make matter's worse he stated that as far as he is concerned the inquiry is closed and stated DO NOT REPLY TO THIS INQUIRY. If this is happening to me as a RVSR I can only imagine what is happening to my fellow Veterans who are not as versed as I am due to my job. I left out a very important part of this story and it is the type of claim changed after a congressional inquiry. They can't seem to be able to wrap there minds around the fact that I was deployed onboard a Dutch ship supporting the Royal Marines. We are taught that if the evidence is in equipoise you are the grant the claim in Favor of the Veteran. I have a diagnosis of PTSD with clear nexus and stressor conceded, my military job is consistent with the claim stressor, evidence was submitted (TAD ORDERS and Performance information memorandum from Africa) yet there still seem to be some confusion with the sensitive 7 RVSR. Any thoughts.