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KDM

First Class Petty Officer
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Everything posted by KDM

  1. Yes it was denied but I never received ssoc explaining why also they never reviewed the diagnosis of PTSD I was given by the VA and the data from PTSD unit I was on although I clearly expressed in writing I wanted that data to be reviewed my case was decided before they got the PTSD information as I was in the Hospital PTSD unit in Montrose NY VA at the time since then I also have a buddy statement from a ship mate I believe this is a CUE and I have new and material evidence they had in the system for me to get a CNP but I never received the exam and thanks for answering looking forward to more info or opinions
  2. Please tell me how you can be denied so I can become more aware and can I request a CNP?
  3. Can you be denied for PTSD without a CNP exam?
  4. I have put in several contentions I used form 214142 to submit a reconsideration of a PTSD denial because I did not get a CNP and they did not review the evidence from my admittance in the PTSD unit in Montrose as well as my Diagnosis of PTSD given to me by the VA in 2015 of Aug they denied me and now I am asking for the reconsideration because of the lack of CNP and lack of review of evidence and a new Buddy Statement from a shipmate I have files this reconsideration as an FDC/homeless situation any ideas on the time frame and will this be reopened
  5. .I am a homeless veteran who has filed a FDC/Homeless vet claim status in NY my claim is being worked on in NJ what is the average wait, people have been getting results as soon as 30 to sixty days out here in NY is NJ that much different? here are my contentions Pending Disabilities Table of Pending Disabilities Disability Submitted Type Actions Dermatitis 04/04/2016 SEC Folliculitis Face/beard 04/04/2016 INC Depression 04/04/2016 SEC Eye Condition Left 04/04/2016 SEC Nausea 04/04/2016 SEC Migraine Headaches 04/04/2016 INC Bilateral Knee Condition 04/04/2016 REP Scars (extremeties And Trunk) 04/04/2016 SEC Dermatitis 04/04/2016 NEW Temporary Total Disability 04/04/2016 NEW
  6. I was diagnosed with PTSD and sent to the PTSD clinic in Montrose NY Sept 0f 2015 they never let anyone into that clinic unless they are diagnosed with PTSD and they believe (the unit) that it may be service connected I filed a claim in Aug of 2015 and was denied in Jan 2016 although I never saw paper work on denial SSOC I was granted zero percent for a migraine. 1. They never granted me a CNP although (question do they have to give you a CNP) although the regional office asked for one it was never scheduled 2. I found out they never reviewed my information from the PTSD unit and since then I have a Buddy statement from a shipmate and have asked for a reconsideration of the denial decision based on new and material evidence is this also a CUE? I filed this reconsideration as a homeless vet and FDC estimate on the time frame please
  7. Thank God for Hadit!!

  8. I got a DBQ done I was awarded zero percent for migrane/headaches on jan 2016. I applied for claim in aug of 2015, since then I saw how they never put in my data from the Montrose VA that diagnosed me with the Migrane in Sept of 2015 so I asked for an up grade in March 20 2016 for an upgrade with a DBQ by my medical provider stating I have three prostrating attacks a month, have what called a Migraine with an aura that also in the doctors words affects my tinnitus, I also have missed work etc..I filef this as a FDC and I am a homeless vet the claim is in NewJersey how long will that take. I filed this upgrade along with other contentions I will list shortly will this migrane with Auro /Headaches that I am zero percent connected for be upgraded first or will they make me wait until the other contentions are done?
  9. I was diagnosed with PTSD and sent to the PTSD clinic in Montrose NY Sept 0f 2015 they never let anyone into that clinic unless they are diagnosed with PTSD and they believe (the unit) that it may be service connected I filed a claim in Aug of 2015 and was denied in Jan 2016 although I never saw paper work on denial SSOC I was granted zero percent for a migraine. 1. They never granted me a CNP although (question do they have to give you a CNP) although the regional office asked for one it was never scheduled 2. I found out they never reviewed my information from the PTSD unit and since then I have a Buddy statement from a shipmate and have asked for a reconsideration of the denial decision based on new and material evidence is this also a CUE? I filed this reconsideration as a homeless vet and FDC estimate on the time frame please
  10. 1.I am a homeless veteran who has filed a FDC/Homeless vet claim status in NY my claim is being worked on in NJ what is the average wait, people have been getting results as soon as 30 to sixty days out here in NY is NJ that much different? here are my contentions Pending Disabilities Table of Pending Disabilities Disability Submitted Type Actions Dermatitis 04/04/2016 SEC Folliculitis Face/beard 04/04/2016 INC Depression 04/04/2016 SEC Eye Condition Left 04/04/2016 SEC Nausea 04/04/2016 SEC Migraine Headaches 04/04/2016 INC Bilateral Knee Condition 04/04/2016 REP Scars (extremeties And Trunk) 04/04/2016 SEC Dermatitis 04/04/2016 NEW Temporary Total Disability 04/04/2016 NEW
  11. I recently learned that the VA gave me a deffered rating what does that mean I file an appeal to the DRO and they said " Deffered Rating sent to VSR" Good or bad
  12. I am currently in the PTSD unit for my trauma I have been diagnosed with PTSD my Depression has went from Depression NOS to Major Depression my Axes Level 1 is Depresion I am currently working on intrusive thoughts and anxiety after i complete this PTSD unit and with my DIagnosis being axes level 1 for PTSD and my PTSD is service related how important is the completion of PTSD unit and wear does it weigh in my clams process, I am now typing a etter to usbmit to the DAV to submit to the VA my main trauma is service related any thoughts? PS i was asked to go to PTSD by my social worker and Psych who recomended that i go
  13. So if this docotor said i was least as likely as not fifty fifty probability and the Medical Opinon portion is inadequate thus the DRO sending it bacl the doctor who did the CNP could he change his stance ie 50 50 prob or would he just make the medical portion part fir his rational?
  14. Recently on my appeal to the DRO the person reviewing my appeal asked for a Doctors opinion on my case this was not another CNP just a medical opinon quiestion, why would they ask for a medical opinion on a appeal to the DRO? The denied me i appealed my CNP dodctor said it was as likely as not fifty fifty probabilty plus i had two letters in my favor forming a nexus in my case from my own VA doctors help!!!
  15. Can the VA using FDC format deny or award a claim without a CNP for a secondary condition
  16. http://Sorry i cant see well what i meant to say is if the stressors weighs more before the military then while in miltary
  17. Are PTSD stressors important and what if the stessor is befoe the Miliary
  18. Hello all I am back, once again my case was remanded back to the AMC from the BVA last year i went through the same thing. The BVA remanded this case again because the AMC/RO refused to send me a SSOC or SDOC , from an August 2007 CNP that was in my favor "the term as least as likely as not" used by the Doctor in the 2007 CNP. The above CNP is connected to a 2003 appeal of a non compensable case. Spoke to the AMC at 202-530-9100 thanks to information from the HADIT family, I have waved the thirty day send in data phase and they are now gathering the past documents and I am awaiting a decision, I also have an EED date claim connected to the remand the BVA is forcing them to look at that they the AMC/RO have ignored if not for HADIT i would not have known these things anyways please if any comments of help
  19. I filed a claim in 2003 and was rated zero percent I appealed, In 2004 i was denied an increase for the initial non compensable claim and remained at zero then a secodary condtion was added at Zero Percent in 2004 in the SSOC and I appealed both decisions for a compensable rating. In 2007 3 years later I was given a CNP due to a remand based on the appeal from 2004, for some other secondary conditions considered increases. I was denied some CNPs and SSOC where sent out, but one case in 2007 the mental health diagnosis I was deemed fifty fifty probabilty which goes in the Veterans favor but no SSOC or SOC was sent out stating any ramifications its was like they acted as if it did not exist this CNP. Flash forward I am now at the VSO level of this appeal that has been remanded twice the last time was in July 30 2013 and they stated in the remand that they have to look at the evidence from this 2007 CNP that no SSOC or SOC was sent out to me and that they must send me a SSOC or SOC about this 2007 case the AMC must have denied every thing cause it went back to the BVA who sent it to the VLJ who sent it to the VSO for written arguments but still I have no SSOC or SOC from the Remand from 2013 July or as stated in the remand no SSOC or SOC for the 2007 CNP for depression secondary to the initial claim this is where the Doctot stated in 2007 it is as Least likely as Not that my depression stems from my service connected disability. How due I fight this what is the statute of law I can use to combat them on not sending me a SSOC or SOC on the 2007 CNP or is the BVA going to deal with this now? My VSO said that they will force them to look at it how?
  20. I don't know how you filed it if you filed it as secondary to the TBI or migraines then it will be seen as such unless you filed for and increase for existing conditions and they saw you where depressed because of the TBI etc then it still would be secondary unless you filed the depression by it's self based on evidence from the military directly linked to the depression on my opinion.
  21. There are six phases to anappeal the certification is I believe the receipt that the BVA or the proper organization has your appeal.
  22. Why does the AMC send BVa remand back to BVA unless it's a denial but no ssoc why? Why does the AMC send BVa remand back to BVA unless it's a denial but no ssoc why?
  23. I had a remand of an appeal case from 2004 it was remanded 7 30 2013 to AMC, they the AMC then finished the remand collected what the remand asked and sent it back to the BVA. The BVA then sent it to a VLJ who sent it to the VSO for a written argument, before deciding my case. Question 1 the RO told me that there was no SSOC from the AMC is a plus I think they messed up. Question two if the AMC sent it back then isn't the AMC denying my remand by sending it back to the BVA? Quiestion three I have watched the ebenefits board and it's Showing me the 7 30 2013 remand from a 2004 appeal is closed and the 10 31 2013 appeal sent back to the BVA from the AMC this is from the 2004 appeal is now a new case hense the VLJ to VSO situation so shouldn't I recieve a letter if the AMC denied me or granted me a partial? Question four can they include a 2007 cnp from the 2004 appeal as well but a secondary condition to the initial appeal residuals from an operation that the AMC refuse to look at but was ordered by the BVA in the 7 30 2013 remand tolook at this 2007 cnp is in my favor
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