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MartyL16
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Posts posted by MartyL16
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11 hours ago, Berta said:
I have read over all 107 pages many times.
Probably many of your ratings by now should be higher-this was from 2013
"The medical evidence of record supports that you are unable to obtain substantially gainful employment because of your diabetes mellitus type 2 with non-proliferative diabetic retinopathy of right eye, cervical spine stenosis, degenerative joint disease of the thoracolumbar spine, and depressive disorder, not otherwise specified and anxiety disorder, not otherwise specified.
The VA examination dated July 30, 2010, notes that your service connected disabilities result in ability to only work in sedentary employment. Effective May 30, 2013, service connection was granted for depressive disorder, not otherwise specified and anxiety disorder, not otherwise specified. These conditions result in depressed mood and panic attacks. This grant of individual unemployability is effective May 30, 2013, the date you met the minimum eligibility requirements for entitlement to IU."
But you came here with this specific request:
"I want the VA to add PTSD to my SC disability, not in place of the 50% Depression but as part of that SC rating, all the way back to 2006 original claim, or 2008-2009 VA PTSD Diagnosis. That would be a RETRO pay that I deserve."
I could not find the14 pages regarding stressors. All I found was this in the 6th download:
"Thailand and Viet-Nam – severe stress (later called PTSD). Viet-Nam, Quang Tri TET ’68, plus limited combat (Phu Bai, TET ’69), Thailand did AAB from Mar 1969-June 1970. Saw planes crash near me, bombs fall off planes and explode, had F-4 out of control wing tip pass over my truck, Rt. main gear hit Fire Chief truck 3 feet to my right, then go thru Crash Recovery truck killing 6 people, Had F-4 crash on base kill 11 people and we fought fires (all wooden buildings and help recover bodies), saw people running covered with burning fuel running, etc."
These are too vague- far to vaque for VA to consider as stressors without proof.All you need is proof of one of them- that puts you and your unit on the scene.
If any of the deceased were known by youpersonally,in Vietnam, their names will be on the Wall, which is online. If you knew them personally you would also know their hometown and a fairly good idea of the date of their death. I have been at the Wall in DC and the Traveling Wall in NY many times.With the above info they can direct you to the actual panel that holds proof of their death in Vietnam.They give the tracing mencils and a small form
for the tracings that also proves you were at the Wall.I imagine n line it is different- maybe you can make a print out.
It took us mere minutes to get a tracing of my husband's best friend on the Wall and he had to recover his friends body. Also, as we have stated a Buddy letter can help verify a stressor, and Unit histories and reports.
One of his stressors ( he had plenty - Starlight -Rolling Thunder 1965 IstMARDIV) was confirmed in 1983 ,prior to his first trip to the Wall in DC,and that was all he needed for VA comp for PTSD.
Thank you Berta for obviously reading some of my stuff.
the document you refer to specifically about Vietnam, and Thailand where the 6 people were killed, bombs falling off planes, people running on fire was ALL in Thailand, not Vietnam and it was my Chronological Air Force history that years ago, Alex told me to create. It is a Summary document, not part of a NOD submission.
Did I include the list of Stressors (9), plus the 14 pages of detailed explanation, plus AF crash reports, NO.
WHY NOT? Because the Stressors are not the issue. Especially since I stated that now, months ago, I got a Buddy letter, from one of my crew members from Thailand that was on the other side of the runway from where I was in the ‘Barrier Alert’ PU, on Taxiway 3 where that out of control F-4 wing went over my truck, hit the fire chief truck 4 feet from me, and crushed the ‘crash recovery’ truck and killed those guys. I also found the a base photographer that sent me a B&W photo minutes after the crash from the next taxiway. Plus I found the rescue helicopter pilot that watched this entire thing from a couple hundred feet above the runway. So the stressors can be verified including my medical records from another stressor, that is guaranteed 2 of 9.
want to see the photo. I can post it. But why bother.
what I did state was I wanted the PTSD to be combined, connected, attached, and recorded with my actual award of the 3 other mental conditions because yes, they are all mental disabilities but original claim was because I was advised to write PTSD because that was the ‘heavy’ claim 3 years before the actual PTSD diagnosis by the VA, not a C&P examiner and elminates the need for a C&P exam if it is a VA diagnosis (look at the law and M-21) both written after the law was passed in July 2010. I also have the VA training manual created because of the new law change and various court cases that reflect the law change and what the courts tell the VA to do, and not to do regarding the law change, including if the VA made the PTSD diagnosis, then don’t ask the veteran to explain all the stressor details over and over again.
why do I know this stuff, because all these years when they were denying the PTSD claim and I knew they were ignoring the records in the VA Medical Database (called VISTA), and I wanted to ‘slam dunk’ them(the Phoenix VARO), my Nemesis.
none of what I tell you is speculation, just like all my annotated documents.
just for ‘giggles’ read the annotated 2011 rating.
My GAF score of 40-45, by VA Standards according to them, plainly states, at that Score, I am ineligible to work. That score is from the VA Diagnosis of PTSD, Depression, Anxiety, and other of mid year 2009. The 2009, 2011 rating and up to November 2013 stated I can work.
Berta, you referenced the VRE contracted ‘physical evaluation’ of 2010 regarding possible sedentary type employment. The VA continually ignored that eval limitations compared to,my previous employment history, the GAF Score, and my ‘earned income’ report, plus everything else written into VA Records by the VRE Counselor (Masters Degree).
i am saying I should have been awarded TDIU about mid 2009 at 100%. Would not have lost my house nor filed bankruptcy..
am I still bitter? You damn right I am.
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8 hours ago, Buck52 said:
MartyL16
Never give up ,the claims process is just sometime more complex than what we realize and its certainly frustrating and stressful.
Ms berta can decipier all this, she is one of the best there is to help veterans, it just that your claim/claims are somewhat complex ,so in essence they need to be seperated 'pey'say' and gone back over and all the information you provided as evidence read and take each claim one on one.
It usually helps to provide the reasons and bases of a denial and supply the VA's SOC/SSOC to help adjuicate appeals.
Again your claims process is complex not so much you have not provided the medical evidence but so many claims all at once, maybe that's what makes this so complex and its overwhelming for some of the younger member here to give you the help you need.....>such as myself (although I'm not that young eh! )but folks like Ms berta has years and years of experience & knowledge and is a Graduate from Arlington Military University and over a 20 year hadit member so if anyone can help you its definitely her.
This takes time, I believe with the proper evidence you have, most of these claims will be awarded, they just need to be look into more closely &figured out why the VA is doing this to you, you can get help here with someone such as Ms berta
FRUSTRATION AND STRESS is a part of the claims process...were all pulling for you here and we all want what you want and that's to see to it you get your well deserved benefits & EED for your correct Retro.
Hang In There Brother
Yes, Buck52, i know how complex my case is and that is why, I spent the better part of 4 years developing these annotated documents, as nobody I am aware of can keep all of this juxtaposition of evidence, explanations, and denials from the VA over many years in their heads.
I have been living it for all these years.
For the hundreth time, i have provided ratings, scanned into my computer system, then annotated with facts, legal references, and in a lot of places, a link to previous parts of earlier rating items.
after 3 plus years of searching thru court cases, VA documents, veterans support organizations (DAV, VFW, AL, PH, and many others, i began documenting these Ratings, adding references, adding links within the documents to point to other incomplete, stupid, or illegal entries and statements by the VA because they do so much ‘cut and paste’ verbiage in ratings from other ratings without any references.
they say “records indicate”, or records are silent, or insufficient this or that, and much more hogwash then I can possibly put here. Try taking a rating apart. Delete everything but the claims and their decisions, plus a copy of their listed evidence then see if you can ‘prove’ their case ‘for or against’ your claims. Not according to your possibly biased thoughts but rather ‘in accordance with’ current (keyword) laws, regulations, directives, and anything the VA claims as a reference for their decisions.
that is what I did. I have been in a wheelchair for the last few years(2016), after trying to get one since 2009-2010. Then being put on 24.hour oxygen in December 2014, I pretty much had ‘time on my hands’ to do research, rating documenting, writing buddy letters for guys stationed in Thailand fighting the VA over AO exposure, helping other vets, married vets claiming ‘dependency’ , and pointing vets to VRE, etc.
All of you maybe have others things to do, I do not.
my question is why do you NOT want to look at those annotated documents?
when I am trying to research a problem for me or anyone, I read thru BVA and CAVC decisions, both award and denials, I see so much “boiler plate” verbiage from the ‘bowels’ of the VA because the majority of these VSRs are overpaid, overworked, under trained, and their Coaches drive them to ‘pump out ratings’ as fast as it takes to keep their productivity numbers(percentages) high for ‘political eyewash’.
Let’s face it, it is much easier......for them to push ratings ‘out the door’, irrespective of the need for accuracy and ‘due process’ for claimants that put US on the VA ‘hamster wheel’ for years.
How do I know this because I was hired as a VSR and learned very fast, how they operate, and was ready to ‘blow the whistle’ so they fired my ass!
Interesting that where all of the VSRs, Coaches, DRO’s, Administrative staff , other worked, there wasn’t ANY employees using canes, riding in wheelchairs, ‘walkers’, or amputees or partial amputees.
There were college kids there that had no medical, legal, or military knowledge and experience. There were 16 other 10point vets hired on the same day as I to become VSRs but few had computer experience and we were hired for 3 years but there were much younger vets hired the week before that were from the Gulf, Iraq, Afganistan, Somalia that were hired permanently because of the Federal Veterans to Government Jobs program. This program made all of us PRIOR wars veterans ineligible for that program.
Now please explain to me how the above described ‘young veterans, college kids’, with no prior understanding of the military, medical, or laws can rate anyone accurately.
Let me point 3 things from my ratings that demonstratethis: 1) the San Diego RO refused to accept my DD-214s evidence of both RVN medals, 2) my SPR, a Official Military Record, states under the heading of COMBAT, TET OFFENSIVE 1969, and RO actually references this but fails to acknowledge the COMBAT heading, and dismisses the COMBAT by stating that I have NO COMBAT ribbon, medal, or award (and one of you wrote about combat pay, or travel orders), 3) in chronological order, and in apparent conformance to the LAW regarding PTSD, the fact that I filed originally in 2004, the VA says 2006, then the valid, legal VA DIAGNOSIS of my PTSD, Depression, Anxiety, and other from Verifiable Stressors in 2009, all of which was in ‘
’Constructive Possession ‘of the AOJ (all 3 of them), but ignored then finally ‘downgraded’ a diagnosis to a discussion without any legal ‘mumbo-jumbo’.
Forgot to tell you. I have SIGNED, RECIEVED, Date Stamped, official receipts from EVERYTHING that I ever submitted to the VARO. This NOD of 2014 ‘cover sheet’ specifically ITEMIZES everything by name and description. That is one of those signed receipts I speak of.
You say, you do not know what I want. I stated that in my first post. I have all this in a very Verbose format. I was hoping someone could help organizing it all. Maybe that is too much to ask.
In my first post, I attached both annotated and virgin copiesof ratings and the SOC, which none of you read. That was your decision.
There is a ‘whole gaggle’, a plethora, a ‘brain trust’ of veteran claims help here but I did not want to have to explain everything again, and again, when I provided everything as requested and more.
Everything means everything. If you find something I missed then it was very good I posted here because that is the help I needed.
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20 hours ago, Berta said:
I am going over theNov 25, 2013 DRO decision- word by word-
but having workmen here wihin the hour- is anyone else willing to go over that decision as well-
2 questions right off the bat .
What is your AO DMII rating?
The peripheral neuropathy is almost always a condition secondary to DMII- was the claim prepared thay way?
Did you get a DBQ for that ?
Do you get current treatment for the DMII ?
Sorry more than 2 questions....
sorry 4 more
you mentioned 14 pages of details of the stressors-
can you tell me what download the 14 pages are in?
Has VA given you by now , an actual EED for the depression?
You get CRDP- what SCs and rating did DOD base that on?
What was the CRDP EED?
I am looking at your claim the way I had to look at a few of mine- WAY out of the box-
because NOTHING is impossible.
I will assess what I gathered from the DRO decision as soon as I can.
I am adding Mc Clendon here- just as a note to myself----so I dont forget it , it might well apply to your situation.
Since you are set for BVA as I understand this, there is plenty of time to gather more evidence.
As soon as you get a BVA docket # you can submit more medical and stressor evidence to the BVA.
The BVA can read.
Thanks Berta.
If you look at that same DRO decision of November 2013 rather than that same rating with my notes and references you will miss determining which items of evidence that were actually my legal documents submitted to both the DRO and the VA CALL CENTER, that established my "Just Cause" (medical reason), for NOT attending them PRIOR to the date of the 1st of 4 appointments.
You will also miss the explanation of a "Partial Grant", and the "effective Date not set".
You will also miss the explanation of the Peripheral Neuropathy denials. (even though some of that was actually diagnosed as early as 2009-2010 and in the Medical RECORDS (Constructive Possession) Bell, 1992.
You will also miss the Radiculopathy denials for both UPPER extremities even though in my APPEAL document, I included a copy of my Internist Referral to a Physical Therapist in June 2013 (5 months before the rating), even though the LAW changed in September 2013, (2 months before the rating), and previously diagnosed in great detail along with a previous referral from the same internist in 2010-2011 (Spooner Phy Theraphy).
Then I also read in a previous reply that maybe I moved around a lot because I referenced 3 different ROs as the AOJ. Yep, I did do that!, Reference 3 separate AOJs but NO, I have lived here in AZ since 1987. In my annotated copy of those ratings, it explains all of that. Let me explain succinctly: Phoenix was my AOJ, until I was a Phoenix RO Employee and by law Phoenix transferred my records to Albuquerque, and they assumed the AOJ label, then because of NEHMER, the Albuquerque AOJ transferred all my records to the San Diego RO, and they became the new AOJ and they are the idiots that made so many errors in my 2011Rating that if it was a court case, it would be considered a "MISTRIAL".
There is a annotated copy of that rating with my notes below every one of their IGNORANT, and DUMB statements. A true "Comedy of Errors"
Every question all of you have commented on is fully explained in the annotated attachments.
Including the questions on my C-FILE, my DD-214s, and the LEGAL VA DIAGNOSIS of PTSD, Depression, Anxiety, and other by BOTH a VA Psychiatrist and a VA Psychologist in 2009 and never changed.
I even have a signed letter for the VA Psychologist that I included with my 2014 NOD that plainly stated that she was not only the Psychologist that diagnosed the PTSD, et al and at that time had me in counseling for PTSD for the previous years, all the back to 2009, and at least 18 different sessions, and I think she also list the Psychiatrist by name.
By the way, someone said that a VA PTSD C&P exam 'trumps' a VA DIAGNOSIS. You might want to read the entire LAW, plus M-21, Plus the VA Training letter (FAST) all as of July 12, 2010. I can put all of that here if you need it.
I don't have any PTSD C&P exams because the DIAGNOSIS was already in the records, that the VA said did not exist. Again "Constructive Possession", plus the VARO cannot change, downgrade a LEGAL and VALID diagnosis to a "discussion of symptoms".
Who was that 'discussion with', what credentials do they possess?, were they Mental Health experts?, Social workers, nurses, the building custodian? Notice "they" don't give any references, like 'although this EVIDENCE is on real paper and we screwed up and missed it for at least 5 years, we are going to 'claim' that WE RULE the WORLD and you are denied.
I would have go back and look at all the responses to find the questions that I already have provided in DOCUMENTS, already for you to read and help me assimilate all the data into an appeal that I can present. my stuff has all the answers but it took multiple documents to try to being it all together.
You are all asking me questions that I feel obligated to answer..,...again. Read the annotated documents.
it is just like the Law firms and solo Attorneys, the read the 2013 Rating and see that it says I missed some C&P exams, and they also did not read and of my notes.
I give up people, I surrender!
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Here are a few more 'copy and paste' lines from one of my RATINGS plus REFERENCES
ALL of this 'stuff' is contained in the ATTACHMENTS I provided.
RATING: Evaluation of degenerative joint disease of the thoracolumbar spine (formerly rated as degenerative changes, low back, with mild pain on motion) (also formerly rated as degenerative changes, dorsal spine with mild pain on motion), which is currently 20 percent disabling, is reduced to 10 percent effective July 30, 2010.
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X-rays state mild scoliosis but no reference here. review Assoc. Internists (prior to 2009)
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DDD of lower spine on record – back problem listed since 1987
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“mild pain on motion” NOT my words nor from my medical records
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No notice given that reduction was being considered, blah, blah, blah
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Other than rating examiner, no VA exam requested, obviously the VA Rating examiner was not a neurosurgeon and ignored my statements of extreme pain, when and where, what I couldn’t do, etc.
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VRE records of “contract” masters degreed physical therapist and separate psychologist exams in last quarter of 2009 ignored even though hand delivered to VA in Albuquerque NM VARO in 2010. The VARO stated these were TREATMENTS. They were EVALUATIONS for TDIU claim to be submitted.
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I have a permanent waiver from previous Internist 2004-2009 to court system removing me from jury duty because of MEDICAL reasons.
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Also submitted (also early 2010) 3 “lay person” letters (signed) by friends and acquaintances, who have known me since, 1993, more than 10 years, and more than 6 years (lived with), respectfully, documenting their observations of my obvious physical and mental changes. One from Neil Capps, a certified EMS, with a MASTERS DEGREE in Psychology.
NOTE: Between the back and the neck, the diabetes, and the sarcoidosis, I have had to change my career 3 times since 1985, change my physical and mental activities including what I could do with my family both mentally and physically. Depression explained later.
Hope you look at those attachments.
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On 5/28/2018 at 3:08 PM, Berta said:
Buck-I didn't mean you said something wrong-I just meant there is more to this than we know and none of us have the time to read it all.
As you said":I been seeing different information on this or more information every time I read his postings."
Me too=such as this I posted maybe yesterday?
"It would help also if we can see a redacted scanned copy of the C& P exam they used to determine the 'it fell short of the mark" statement.
I am surprised at some of the verbiage you quoted from the VA here. Maybe wth the actually SOC and C & P, we can decifer what they meant."
VA looks for certain markers and symptoms that this veteran might not have had.... for PTSD.
This VA statement is very familar to me and maybe many here:
“The available medical evidence is insufficient to confirm a link between current symptoms and an in-service stressor.”
“Therefore, service connection for post traumatic stress disorder remains denied.”
VA did not know what his " current symptoms were" because he did not get a C & P exam specifically for PTSD as I understand this and he probably didnt get a C & P exam because maybe his
stressors did not raise to the level of a valid stressor- whether he was in combat or not.I think he said 4 lawyers would not help him so we can hardly expect to give him help here he needs- because I dont even understand what he wants- a EED for PTSD back to when they first denied.....I think....and more retro.
MartyL -We are not questioning your service at all- this is just very confusing
Buck- glad you mentioned the PM situation you had - I sure dont want to see you get burned out-
and the more eyes here on claims issues, the better.
Many more eyes are needed here on this thread.
Thanks for your comments
Every time someone asks me the same question, I provide even more information, not different information.
Berta, You read the SOC, in it's original form and stated those words are what the VA needed, or was lacking. Berta, you and Buck52 keep mentioning a C&P exam, that "didn't rise to the level....."
Buck52, You read my words and say you don't understand what I want. Or you tell me I need this or that, including things that I have ALREADY stated are there. Like my complete C-FILE, or the actual info on my 20years of DD-214s.
Both of YOU are failing to examine ALL the evidence I have provided.
The VA historically, and I mean to every veteran, distorts existing evidence, states it doesn't exist, or is NOT valid in some way or another, BUT NEVER actually writes in a rating that Dr 'such and such' did not provide a complete medical eval because he/she was not able to review the medical history of the veteran, so another C&P exam must be scheduled.
The quacks the VARO hire here to do C&P exams ALWAYS stated they had NO ACCESS to my medical records but the VARO is supposed to insure that the examiner has all the 'tool, files, and lately, the CORRECT qualifications to eval a particular 'claim'.
How about my DIABETES EVAL and blood test that my A!C was something like 8.6 and they stated that was NORMAL. and before those rules were changed, if you had a 'hypoglycemic' episode, the rating stated you MUST see your doctor AND be hospitalized to get a higher rating. When they changed the rating, it still stated you must be SEEN by your doctor because of an episode like that OR be hospitalized. in the 18 years I have had DIABETES and since 2008 going on INSULIN injections from PRE-FILLED pens instead of the 'needles and bottles' that the VA here was dispensing, and my civilian Internists have 'patient portals' and Assistant voice mails, I have NEVER needed to go to an EMERGENCY room to be hospitalized when 'crashing" because years of TRAINING provided my TRICARE have 'taught me' what to do, or because of my bracelet, advise others on what to do (in 18 years that was needed once).
What is my point? If I relied on what the VA wrote in RATINGS and the SOC, on 'face value', what would be the point of 'fighting' with them?
So I and many others, including a lot of other people are also 'fighting' with them. Wait a minute, you said what was written in the SOC was the 'reasons and rules' that must be followed, believed, or adhered to, and as such, I must fight them based on that VA information. Ridiculous!
You mention that the VA makes errors! None of you are fighting any rating, decision, or direction based on what the TOLD you but rather, you know that RESEARCH, at minimum is a requirement.
I didn't fight the VA for many years because of the belief that I could NOT win. Things have changed.
You people are nice enough to provide comments, and I appreciate that, but I provided these additional documents that for whatever reason you refuse to look at. That boggles my mind"
Let me tell you and anyone else. All of these ANNOTATED documents are the ORIGINAL SCANNED documents WITH my NOTES and highlights in RED pointing out the errors that VA is providing ALONG with LAW and CASE REFERENCES that are ALL 'cut and paste'.
Here is one REFERENCE
REFERENCE: ….VA must consider "all the evidence of record that bears on occupational and social impairment," and then "assign a disability rating that most closely reflects the level of social and occupational impairment a veteran is suffering." See, e.g., Mauerhan v. Principi, 16 Vet. App. 436, 442 (2002). Section 7104(a) of title 38, United States Code, requires in pertinent part: 38 C.F.R. section 3.303(a) similarly requires that "determinations as to service connection will be based on review of the entire evidence of record." 38 C.F.R. § 3.303(a) (emphasis added). Douglas v. Derwinski, 2 Vet. App. 435, 438 (1992). The Board's failure to consider and discuss specifically all of the evidence before it and the legal issue raised thereby is prejudicial error warranting a remand. See 38 U.S.C. § 7261(a)(3)(A). Douglas v. Derwinski, 2 Vet. App. 435, 440 (1992).
Here are the VA original words and my notes
Here is another REFERENCE followed by some of notes, obviously NOT all the NOTEs.
REFERENCE: Further, the Board observes that records generated by VA facilities that may have an impact on the adjudication of a claim are considered constructively in the possession of VA adjudicators during the consideration of that claim, regardless of whether those records are physically on file. See Dunn v. West, 11 Vet. App. 462, 466-67 (1998); Bell v. Derwinski, 2 Vet. App. 611, 613 (1992)
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My PTSD claim originated in 2004, although the VA RECORD states 2006. This has also been repeatedly DENIED for a number of possibly ILLEGAL REASONS (maybe CUE). I am not a doctor, and the VA has, at MINIMUM, IGNORED VA MENTAL HEALTH RECORDS, located in the PHOENIX, AZ., VAMC computer system called VISTA from 2008-2009 with VALID VA PTSD, DEPRESSION, ANXIETY, and OTHER DIAGNOSIS according to DSM IV, with a GAF SCORE of 40, by a VA Psychiatrist, an MD, and a VA Psychologist, a PhD. (another glaring “Constructive Possession” example.
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What do I want? Since my DOCUMENTED MEDICAL DEPRESSION originated while on ACTIVE DUTY and continued with PRESCRIBED MEDICATION, depending on the AWARDED percentage back in 1987, then the LEGAL MEDICAL DIAGNOSIS of PTSD also with the DEPRESSION, and ANXIETY ‘added’ in 2008-2009 should have increased my DEPRESSION AWARD maybe to 100% then maybe some DISABILITY AWARD “STAGING” is APPROPRIATE with the correct amount of RETRO PAY given to me.
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Then this GROSSLY ILLEGAL ACCUSATION by the VA in the November 2013 RATING, that I did NOT have “JUST CAUSE” for MISSING 4 C&P appointments in SEPTEMBER 2013 was LEGALLY and MEDICALLY DOCUMENTED, and PLAINLY listed in the EVIDENCE of that RATING, with RECEIPT DATES BEFORE the DATE of my 1st APPOINTMENT in that group of 4. That needs to be OFFICIALLY CORRECTED in my C-FILE with the correct and ACCURATE RETRACTION. I was very ILL, DEPRESSED, and felt HELPLESS because I was afflicted with VERTIGO, caused by my CERVICAL STENOSIS and DDD, which was IMPINGING on a nerve or nerves and causing this VERTIGO. My Internist stated it might never ‘go away’, meaning permanent. Vertigo began in JUNE 2013, the appointments were scheduled for SEPTEMBER. I also had to CANCEL my PTSD, DEPRESSION, ANXIETY Counseling Sessions beginning on September 30. The VA FAILED, again, to review the VA OFFICIAL RECORDS (Constructive Possession). These ACCUSATIONS caused me ADDITIONAL DEPRESSION that in conjunction with my inability to get the VA to actually REVIEW the RECORDS was an insurmountable obstacle and left me unable to even communicate with my wife, or friends. This vertigo was almost gone about 9 months later. (In 2014) It has never been corrected yet it was identified in my November 2014 NOD but TOTALLY IGNORED by the VA. The AOJ at this time was the Phoenix VARO.
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In the 2015 SOC, the VA, has FAILED again to look at the MY OFFICIAL RECORD and as such, has illegally IGNORED the PTSD, DEPRESSION, ANXIETY, and other VA DIAGNOSIS of 2008-2009 (120 pages of VAMC Mental Health RECORDS, plus my 14 page, very detailed support document of my 9 STRESSORS (all from my 20 years of ACTIVE DUTY), including a DOCTOR LIST, all my PRESCRIPTIONS, an OFFICIAL Thailand Aircraft CRASH Report, and other. They DENY all of this including my COMBAT RECORD, listed in my SPR, in the COMBAT section stating TET OFFENSIVE 1969 (I was TDY at PHU BAI, RVN). Because of my OFFICIAL VA DIAGNOSIS of PTSD, DEPRESSION, ANXIETY, and OTHER, my WELL DOCUMENTED ‘active duty STRESSORS’, my COMBAT record in the SPR, and the GAF SCORE of 40 that the VA STATES makes me (and anyone else), UNEMPLOYABLE, plus my Active Duty Medical Records from September 1985 of CHRONIC DEPRESSION including years of ANTI-DEPRESSANT meds from CIVILIAN and VA DOCTORS should have given me the PTSD, DEPRESSION, ANXIETY, and OTHER SC DISABILITY AWARD, and TDIU, many years ago.
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7 hours ago, Gastone said:
By now you've had multiple VA forensic PTSD C & P Exams, each providing a PTSD DBQ to the respective RO Raters. Could you post redacted copies of the PTSD DBQs?
Have you filed a VA C-File FOIA? Found anything interesting that would support your PTSD contention? Having a Depression DX, Major/Minor, in and of itself does not guarantee a PTSD Award. Apparently, the Rater's have had a problem with your claimed Stressors.
Problems with an IU Award can be addressed by a VA Vocational Rehabilitation Dept "Denial Of Program" Letter written by a VRC addressing how your SCs preclude you currently from a successful completion of the Program. Takes the "Sedentary Factor Denial" off the table.
The VRE documents were all in the VRE computer files which is covered by “constructive possession” of 1993. My VRE coverage was based on a Chapter 31 qualification back in 2009-2010.
i have my C-file on a CD already.
as for multiple forensic PTSD C&P exams. You may have missed that in one of my replies. Never had a PTSD C&P exam. In the 2013 Rating, actually after the DRO, they asked for a form to be filled out which I submitted with my 2014 NOD, along with the 120+ pages of VA Mental Health Records (that the VA said did not exist. VISTA is the VA software that contained these records), plus all 9 Stressors with full details( 14 pages), 2 of which had AF Medical Records plus Official Crash Reports.
the Chronology is:
Filed 1st claim for PTSD (2004), Phoenix VARO is AOJ
Rating (2006) denied,
VA Psychiatrist and VA Psychologist PTSD, Depression, Anxiety, and other DIAGNOSIS (2008-2009), Albuquerque VARO is AOJ
VRE contracted Psychological and Phisiological evals (2009-2010), Albuquerque is AOJ
VA Psychiatrist and VA Psychologist DIAGNOSIS of PTSD, Depression, Anxiety, and other, IAC DSM-IV, with a GAF score of 40
Rating (2009) denied - no records found. Albuquerque is AOJ
NOD actually telling the VARO they missed the VA and VRE Mental health diagnosis. (2009). Albuquerque is AOJ
NEHMER Rating (2011), denied, San Diego is AOJ
NOD (2012), sent to Phoenix, San Diego, Albuquerque because no clear AOJ
DRO (June 2013) AOJ is St. Paul VARO. All VRE material plus everything given to Phoenix VARO resubmitted to this DRO at his request.
Rating (11/2013) award 50% Depression, Anxiety, other, PTSD Re-Opened, award TDIU 100% ,P&T
NOD (2014) Phoenix is AOJ, included all Stressors (again) but with 14 pages of stressor explanations, and printed 120+ pages of VA Mental Health Records (that the VARO claimed did NOT exist).
SOC (2015) closed PTSD, discredited VA Mental Health Diagnosis (120+ pages) plus ALL Stressors without any Doctor’s notes from ANYONE, stated the EVIDENCE discusses symptoms only.
went Appeal in 2012 and again in 2014. In Washington, no scheduled hearing.
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8 hours ago, Solo said:
If you go to a mental C&P exam, then your 50% depression rating could possibly go down. The BVA could also catch the DRO mistake and deny you IU. IU has to be 60% for one disability. If you have two or more disability, then one must be at least 40% with a total of 70%. Everything is already set in motion, so you will have to wait for the outcome.
Thanks for your comments. Actually, I had 40% before the DRO. As for a C&P exam I know that will never happen because I already have a valid PTSD, Depression, Anxiety, and other diagnosed by a VA Psychiartrist and a VA Psychologist but the VARO always claimed those records didn’t exist. The problem is now that I have printed all the VA Mental Health records that SPECIFICALLY list all of that diagnosis from 2008, when included with my NOD, the VARO wrote that it was a discussion rather than a diagnosis.
I am ‘sanitizing’ a couple of those records and will post on here. Since there are 120+ pages from 2008-2009 thru the date of the NOD. I won’t do all of them.
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6 hours ago, Berta said:
Buck- I know plenty of Vietnam intheatre combat vets who do not have PTSD.
One has 2 Purple hearts and denied having PTSD for years until I finally got him to see a vet rep who also has PTSD and he finally filed that claim. He could have had a PTSD rating for at least 20 years now.
One vet I knew was in TET and part of our vet center combat rap group. No PTSD.
I dont see this issue as a silly technicality-
I see a provable stressor is missing plus the fact that this veteran states:
"Continuously under VA mental care, VA psychiatrist and VA psychologist thru the present.."
yet he did not go to three C & P exams. Because:
"Because I had extreme VERTIGO caused by my DDD and CERVICAL STENOSIS beginning in JUNE 2013. I was notified of 4 C&P appointments commencing on September 25. I even was PERMANENTLY removed from JURY DUTY (I was scheduled for September 16), plus had to CANCEL my other appointments including my almost WEEKLY Psychologist appointments. The VERTIGO lasted for 9 plus months.
Take note of the 2013 RATING EVIDENCE list of DATES PRIOR to the 25th where I submitted PROOF of this MEDICAL "JUST CAUSE" reason for NOT being able to APPEAR at any of these appointments to the VA CALL CENTER as a legal record BECAUSE the VAMC Rating Office, including their Supervisor did not know the LAW regarding VA "Just Cause" acceptable excuses and REFUSED to RESCHEDULE those appointments, plus an EMAIL, I wrote explaining all of this with names and phone numbers, date and time of call, etc. to PROTECT my butt.
Note that the DRO failed to acknowledge that my submitted excuse of a m" etc.....
That is why it is a good reason to have a vet org POA who has an office in or near the VARO building.
Still, that brings up the stressor- I asked Marty what his stressors were- the ones he mentioned to his VA shrink. When VA asks for stressor info, and a vet does not respond with details of a valid stressor, the VA really does not have to go further with the claim. They didnt even run any stressors through JSRRC.
I think this article will explain why they didn't:
https://www.bva.va.gov/docs/VLR_VOL1/vlr1finn.pdf
As I understand it JSRRC no longer accepts requests directly from veterans....just from the VA if the claim fits into the criteria in the above link.
Just about every unit has a web site and a unit history published on Google.
When we know of the stressors we can direct this veteran better as to how tpo prove them- he only needs proof of one stressor-
still I don't think it will matter, as maybe,instead he should seek a higher depression rating.
I have nothing else to offer here-others will help.
I went back and read this response above. Yes, the VA asked for more info after missing all the VA Mentalhealth records for 7 years. Why, to make it look like I was negligent,just as you thought reading that.
as for the 4 missed C&P appointments. No e of which were PTSD. They were Diabetes, tinnuitus, peripheral neuropathy, and radicu......( word for radiating pain down both arms,incapacitating me from even usingmy computer mouse, driving, using the TV remote, etc. you assumed wrong plus I had a ‘just cause’ medical reason that was in their possession more than 5 days before the 1st appointment.
All of that fully explained in my annotated 2013 Rating.
I am asking for your help and given you all the tools that I have found and you aren’t even giving me the ‘benefit of the doubt’.
Berta, this is why I ask people to read my annotated copies.
In those notes you will find every answer to questions all of you ask.
people read the original notes from a rating, or SOC and for some reason assume that the VA is asking valid questions or making statements that are true and correct.
I cannot remember all the questions but let me try to explain again.
the VA always stated that no records existed anywhere in the VA system, medical, mental health, or baseball scores. Why, because as soon as they do, then their denials are legally wrong. That would also mean that based on my original filing, the VA illegally made the denials final. Which also means that they would owe me retro pay way back before May 2013.
My Air Force career has never been flying aircraft. It is always been ‘boots on the ground’. Berta, you ask what stressors were claimed, and detailed with AF crash reports and at that time, no buddy letters. Now I have 1 buddy letter but all the stressors and evidence was submitted with my 2014 NOD.
My annotated attachments explain ALL of this.
You ask what I did in Thailand, was I in crash recovery? No, but in my attachments that I provided there is my history in the 20 years in the AF.
my AFSC is 542x2. Electrical Power Production, which also includes many different types and classes of generators, power plants, diesel, gas, JP-4 turbines, 400cycles, 60cycles, 110 - 100,000 volts, plus Aircraft Arresting Barriers ( I was a PACAF Certified Technician/trainer). We ‘caught aircraft’ trying to land on runways, with battle damage, a dead pilot, a hung bomb, and sometimes they would crash and kill people within 50feet of me. You have to read my annotated attachments. You may find all your answers.
My attachments explain all of this and more. The question some of you are asking are fully detailed in those attachments, which for whatever reason, you are ignoring.
That is the same thing the VA has done for years. Deny claims without providing any evidence, C&P exams by ‘quack’ doctors that apparently provide no exam notes. Ratings tbat use my words stating that the Examiner diagnosedblah, blah, blah.
Really! How the hell did they diagnose anything without reviewing my medical records.
Again, there was never, never, never any C&P exam for PTSD, Depression, Anxiety, and other. Why? Because according to the law, once there is a valid PTSD DIAGNOSIS by my VA Psychiatrist, who was a MD, AND, a VA Psychologist, who was a PhD, there was no need or requirement for a C&P exam.
I can provide the exact law, VA PTSD Training Manual, court cases that are for reference and some that set a precedent.
The reason Iposted stuff here is to ask for help. I also have been fighting with the VA since 1987. Yes, Alex and I have exchanged emails over the years and he has always pointed me in the right direction.
You have asked about my combat claim but didn’t read the 2011 rating, preferably with my notes, highlights, references that explain that rating.
you asked for the SOC and I gave it to you in both original and annotated copies.
All of my efforts, notes, research was done because I was getting no help from any of the last 3 VSOs that I had because they never looked at anything.
i was extrememly depressed for many years but outside civilian doctors knew nothing about PTSD but kept prescribing anti-depressants. Why, because I was clinically depressed. All originating while on active duty.
I also barely missed commiting suicide but you wouldnot know that unless you read my notes, or what saved me.
You have to read the documents I provided as I am typing on my IPad with a stylus and documented all of those files I provided using DRAGON by speaking into a microphone on my computer as my hands do not work well.
The question of what I hope to gain is simple. I could care pretty much less about the percentage increase but getting the DIAGNOSED PTSD added to the rating back to 2006, or 2008 when the legal PTSD diagnosis was made, and continued for these years would get me some satisfaction monetarily.
again read my annotated copies. All stressors, fully detailed and pointing to crash reports, photos, my medical records,official AF records, and “lay person” letters, VRE contracted physical and separate psychological evals and reports back in 2009-2010 that the VARO claimed also did not exist. Puts diagnosed PTSD, depression, anxiety, and other from OTHER VA sources. Look up ‘constructive possession’, a law passed in 1993.
my annotated attachments explain many things and legally show the VA game. Just look at one SOC, or Rating and you are missing everything. That is exactly what the VA wants. A smokescreen!
if you read my attachments, as I have asked, I doubt you will have any questions left unanswered.
one of my dear friends, with a Master’s degree and an IQ of 153 read my stuff over many years and helped me ‘clarify’alot of things. Also one of my close friends. An Attorney, read alot of my stuff and said I ramble alot but anyone reading all would see the injustice, and deception that the VA is infamous for.
as for what I used to get both the 50% depression and the 100% TDIU. All that is explained in my attachments and is a long list of previously held VA records that the local VARO ignored.
give me the courtesy of reading my 4 years of work and then please help me organize it properly. Also as requested in my notes..
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On 5/26/2018 at 6:39 AM, Berta said:
One other thought , do you get CRDP?
gee one more thought-----
And are you sure your DD 214 is correct? If it isn't the DOD can correct it.
This is the DD 149 form:
http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf
Just put not applicable on the injustice part and copy, sign, and send to where they direct you to ,on the instruction part ( and get a proof of mailing).
It took about 4 months for my husband to get a corrected DD215 many years ago-( I dont know how long it takes now)and some decorations/medals he never knew he had-most from combat-
The DD215 has to be produced along with the original DD214 as I understand it, whenever an entity , Property Tax people, VA itself, ( and for survivor claims), needs it.
Thank you again Berta.
For the last several hours as my hands do not work well, I put together a reply to you and anyone else that cares to read.
I have also included PDF files of ORIGINAL and ANNOTATED copies of 2011, 2013 ratings plus 2015 SOC from my 2014 NOD of the 2013.
Forgive the fact that their is a lot of reading.
Please read ALL my initial notes in that reply to you BEFORE reading the attached files, and assume that I have given factual information.
Yes, I now get my full MILITARY PENSION, plus 100% VA COMP, but could not find work, was always irritable, lost 2 jobs that paid well but physically could not do the work nor handle the mental stress, lost my $440,000 home, had to file Bankruptcy, got divorced (2nd time), and almost committed suicide in 2009. I have only been 100% TDIU since November 2013 and previous was only up to 40% since sometime after retirement in July 1987.
Thank you Berta.
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On 5/26/2018 at 5:05 AM, Berta said:
You stated:
"I want the VA to add PTSD to my SC disability, not in place of the 50% Depression but as part of that SC rating, all the way back to 2006 original claim, or 2008-2009 VA PTSD Diagnosis. That would be a RETRO pay that I deserve."
and also
"In November 2013 I was awarded 50% for DEPRESSION, ANXIETY, and other with: "Effective Date NOT set" and "PTSD Claim is considered re-opened",
Can you scan and attach that award letter as to their reason and basis for "Effective date NOT set".
If you did get a retro payment , they had to at some point,set the Effective date.
Have you had any correspondence since the Nov 2013 that involves the effective date of the Depression award?
"My problem is the VA refuses to accept the DIAGNOSIS and in the SOC plainly called the DIAGNOSIS, a DISCUSSION of SYMPTOMS, then stating that it 'fell short' of the 'mark'."
We need to see that SOC.
Cover your C file # and name prior to scanning and attaching it here.
It would help also if we can see a redacted scanned copy of the C& P exam they used to determine the 'it fell short of the mark" statement.
I am surprised at some of the verbiage you quoted from the VA here. Maybe wth the actually SOC and C & P, we can decifer what they meant.
My REPLY to BERTA and everyone
Thanks for 'jumping in" Berta
Just to make some things clear that I may have missed explaining,
Original PTSD claim 2004, but VA says 2006
VA DIAGNOSED PTSD, DEPRESSION, ANXIETY, and OTHER, DSM-IV, GAF=40, with STRESSORS by a VA Psychiatrist(MD) Dr Patel, and a VA Psychologist(PhD) Dr Doyle, in late 2008 or early 2009, thru the PRESENT DAY.
The VARO always stated NO RECORDS found and I could not UNDERSTAND that as they were in 'physical possession' by the VA Mental Health Clinic, even today, in VISTA.
My DD-214 has BOTH Vietnam Medals with clusters
Had a NEHMER review in 2009 by VARO in San Diego but they would NOT accept my multiple 214s from 20 years. After my NOD for that rating, NOBODY sent me a SOC.(a legal issue).
Luckily I submitted copies of envelope of 'snail mail' that they CONFIRMED was Quang Tri , RVN
Later in that rating they CONFIRM my SPR states TET OFFENSIVE '69 but fail to state that statement came from ONLY ONE place, under the heading of COMBAT.(fact while in Phu Bai in '69 during TET and combat occurred in MONTHLY convoys to and from Da Nang) All fully described (14 pages) in STRESSORS (9) submitted with November 2014 NOD, along with 120+ pages of VA PTSD DIAGNOSED records from VAMC in Phoenix, AZ. in the VISTA database.).
I was ALWAYS TDY to Vietnam as I fully explain in my RESPONSE in my NOTES contained within the 2009, and 2011 RATINGS.
I am including ORIGINAL copies of the 2009, 2011, 2013 ratings plus COPIES of those same ratings with my REBUTTAL, REFERENCES, and NOTES.
I am also including an ORIGINAL copy of the SOC plus my ANNOTATED COPY.
I will advise anyone who reads these, but fails to read the annotated copies will NEVER understand the 'games' that the VARO has played with my ratings. If your fail to read the 2009, 2011, 2013, and 2015 SOC in their ORIGINAL form and in chronological order, you will NOT understand the gravity of my claim situation.
I explain EVERYTHING and POINT to EVIDENCE, not SPECULATION, but this has taken 4 years to document these ratings without ANY help but I need your help to 'drill down' to the INTERTWINED issues that can be presented to a JUDGE, in less than my HUNDREDS of pages and some semblance of order.
This VA system sucks and I cannot do this by myself. Too much medication and insufficient brain clarity.
I submitted this to a few law firms over the years and they ONLY looked at the ORIGINAL RATINGS then refused to help. Took me awhile to figure that one out. I sent them rating copies PLUS my annotated copies.
They looked at the ORIGINAL virgin rating copies WITHOUT looking at my annotated copies. If you do that also you will find the 2013 RATING says I missed C&P appointments, the C-FILE says 4. In the EVIDENCE list of the 2013 rating, take note of ANYTHING dated in SEPTEMBER of 2013 and PRIOR to the 25th. Why?
Because I had extreme VERTIGO caused by my DDD and CERVICAL STENOSIS beginning in JUNE 2013. I was notified of 4 C&P appointments commencing on September 25. I even was PERMANENTLY removed from JURY DUTY (I was scheduled for September 16), plus had to CANCEL my other appointments including my almost WEEKLY Psychologist appointments. The VERTIGO lasted for 9 plus months.
Take note of the 2013 RATING EVIDENCE list of DATES PRIOR to the 25th where I submitted PROOF of this MEDICAL "JUST CAUSE" reason for NOT being able to APPEAR at any of these appointments to the VA CALL CENTER as a legal record BECAUSE the VAMC Rating Office, including their Supervisor did not know the LAW regarding VA "Just Cause" acceptable excuses and REFUSED to RESCHEDULE those appointments, plus an EMAIL, I wrote explaining all of this with names and phone numbers, date and time of call, etc. to PROTECT my butt.
Note that the DRO failed to acknowledge that my submitted excuse of a medically debilitating problem, with prescription medicine from my Internist of Record, with refills, was ACCEPTABLE by the LAW as 'JUST CAUSE', but stated within that rating that "you may not be able to attend VA examinations". which is the EXACT verbiage I dictated to the CALL CENTER and almost the same in my 'official' email to the DRO thru the VSO. Duh!
If that list of evidence was a snake, they would have been BIT!
So please read all as I suggested.
Thank you
DRO Rating 2013 ORIGINAL HADIT.pdf
ML CHRONOLOGICAL HISTORY for HADIT.pdf
My 2015 SOC notes for HADIT.pdf
My NOTES 2013 DRO Rating for HADIT.pdf
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On 5/25/2018 at 5:54 PM, broncovet said:
File. Or, give in to VA's "scare tactics" where VA employees and VSO's try to scare you out of applying for all the benefits you deserve, by putting fear into you they will reduce you instead.
You know your health history better than I do. Once you are P and T or over 5 years, they cant reduce you unless you "actually improve" under ordinary conditions of life. If you plan on going back to work soon, then yes, they can reduce you.
Its up to you..I know Im not caving into VA's scare tactics as I know the regulations too well. Here they are for your information:
Thanks broncovet.
haven’t been able to work since 2006. Finally got the VA to give me a motorized wheelchair and now on continous oxygen since 2014.
i did go read that cornell link. Thanks. For your help.
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On 5/26/2018 at 3:02 AM, Buck52 said:
I agree with broncovet why not file? If we were in doubt to file a claim because the VA would open up our ratings disability's and try to reduce our already S.C. Ratings we would never get anywhere with the VA or get our well deserved benefits and the VA WOULD WIN OUT.
If you have a legitimate claim a Diagnose for E.D. AND PUT TOGETHER A E.D. claim .
File it has a secondary claim to the meds you take for? get a Qualified Dr to state so. that the meds is '' is likely as not related or caused the E.D.'' Qualified Dr needs to give his pro opinion.
I'd file for it. its not going to be given a % but you can Get it service connected secondary to the meds you take for? BOUT 104.00 PER MONTH ADDED TO YOUR ALREADY COMPENSATION.
BTW,
I NEVER HAD A C&P FOR MY E.D. and receiving the SMC K & S H.B.
Thanks BUCK52. Appreciate your comments..
all I want is what I deserve.
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On 5/26/2018 at 6:03 AM, Gastone said:
You're in your late 60's to mid 70's, so any chance of significant improvement of your Physical (Not Mental) Disabilities being shown in your VMC Med File are slim and none. Have any of your SC Disabilities Improved? The SMC K is worth approx $1248.00 per year, get it or leave it, your Decision.
What specifically are you referring to, "Unfortunately they Lie a lot?" Who, what, when and where?
Could you post a redacted copy of your IU Award?
GASTONE, thank you for your comments.
The VA doctors, the CHOICE Urologist, my civilian Internist and the Pharmacy records with reports all conclude as I have stated.
I have been 100% TDIU P&T awarded May 31st 2013. That means I hit that 5 year mark in afew days.
Yes, I will now file my claim for that. Thank you.
I am 70 and NONE of any of my disabilities, both SC and other have gotten medically better and documented so, with MRI, CT scans, X-Rays, lab work and 30 years of medical records they have in their possession.
My comment “Unfortunately they Lie a lot?" Is because for all the years they denied my TDIU claim and others, it was the local RO that would state in the ratings (3 ratings) “records indicate you are capable of working” but when I got my DRO video conference I resubmitted everything I had been submitting since 2006-2009 and TDIU was awarded. The RO statement “records indicate” was never explained, even when asked in a NOD. BTW, the DRO was from a different state.
The Phoenix RO repeatedly denied claims for a lot of things by stating “no records found” or in all cases from 2009-2014, when asked, the Examiners would tell me they were NOT able to review my C-File and reported only things I told them during the exam.
I retired in ‘87 and went from 0 to 15% for arthritis up until 2009. The Albuquerque RO was the AOJ and took me to 40% because of SC Diabetes and everything that was claimed in Phoenix, died in their hands, until the DRO conference in June of 2013.
Even a secondary claim for recurring pneumonia (I have had pneumonia 10 times since AD) from my SC 0% was denied by Phoenix even though my civilian doctor gave a DBQ staing that was caused by the SC disease, and the Examiner plainly stated “more likely than not (greater than 51%), the ONLY words the Phoenix put was DENIAL because ‘NO DIAGNOSIS’.
So much for the Phoenix RO NOT lying!
Can I tell you more and give you ‘cut and paste’ bull from ratings that the VARO would deny all.......sure. How much time do you have?
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15 minutes ago, Buck52 said:
Without medical records or even notesor combat action morning reports unless you have this on your DD 214 you should be able to get these records form St Louis NRPC. RMCHave you requested your C-FILE?
or SF 180
DD 214 Form should have your boots on the ground from the RVN and your MOS and your CIB and any other citation or ribbons certifications from RVN
If you tried and they don't have them and the VA Cant't get them...you may need buddy statements from your buddies in your unit, someone that knew you while serving in Vietnam location and name of your unit company name what you did MOS or Temp MOS ? do you have old post marked letters with the APO on it?
Do you have any transportation orders travel orders from moving in-country? in-country transportation going from one location to the other in a hostile zone if you were there in 68-69 during the Tet offenses you should have these orders and if the VA Can't find them and no way to prove your boots on the ground then your lay statment will have to tie you into the RVN buddy statements can do this , describe your stressors and date of location the event happen...VA will check on the information you give and see if that event happen or not and give you the benefit of doubt..within 10 days of your dates
you can use a stressor in fear for your life and use your lay statment as to why b/c just being in a combat zone is in fear for your life type stressor.
Even Combat pay stubs anything to tie you to Vietnam
1) How do I get the VA to follow the laws regarding PTSD, COMBAT, verifiable stressors, and the fact that:
2) the Air Force NEVER had a COMBAT ribbon until about 1988.
Any certifications, awards, unit plaque? did you get a change in rank while serving in Vietnam?
3) My UNIT of assignment has a PUC with a "V" for the years I was assigned to them.
All these should be on your DD 214.
4) I have BOTH Vietnam Campaign and Vietnam Service medals with 'clusters'....> DD 214
do you have Itinerary for orders to RVN? Or Travel orders from your last duty station before going to RVN? AGAIN DD-214
What do I need help with: DD-214 is probably the most important document to prove your boots on the Ground in RVN. ESPECIALLY WHEN YOU DON'T HAVE ANY RECORDS AT ALL.
Question? what records did you use as Evidence to get the 70% S.C. you have at present?
It will be hard to put a nexus together without some of these records but it CAN be done
so you should request your C-FILE And see what in it.
We can get this figured out if you were in Nam during the Tet offence then were going to prove it just be patient if your in appeals be sure to keep your appeal time line in effect being this is a Reopen claim you may need to ask for an extention or more time to gather your evidence.
Just hang in there.
I'M SURE OTHER MEMBERS CAN CHIME IN
Ms berta and broncovet and Gastone ...Gastone and I are old Vietnam Dogs he was over there about the same time you were , maybe he can help out on how to get your Records or how to contact your old unit if its still in existence?
Thanks for responding BUCK52. I believe I stated my official Service Personnel Record (SPR), under COMBAT states TET OFFENSIVE '69. That is an official record. My DD-214's from 20 years already reflect BOTH RVN awards. My Pulmonary Sarcoidosis and my Diabetes are BOTH SC rated disabilities, presumptively from AO.
I don't believe proving 'boots on the ground' is in question.
Being USAF, over the years, requesting and talking with NPRC, they indicate a few things, the USAF did not "keep good records" regarding TDY tours in RVN and that my unit is in the history books as of 1972.
WE came from the Philippines and supported Vietnam, Thailand, and South Korea, all TDY. I was at Quang Tri in '68, and Phu Bai in '69.
UNlike other services, we flew into Saigon or Da Nang and went where they told us on 'blanket TDY' orders. Was I at other places in RVN? yes!
I was also PCS in Thailand at UDORN RTAFB for a year, 'catching aircraft' on the runway daily with severe 'battle damage' coming from RVN, LAOS, CAMBODIA, with one pilot dead, 'hung' 700lb bombs that came off upon landing and blew up, RF-4's losing control and barely missing me but killing 6 'Crash Recovery' guys. All of these are stressors.
Where was my combat exposure? TET '69, 10-14 vehicle convoys from Phu Bai to Da Nang and back, sometimes twice a month. Sniper fire, I returned fire, along with Marines, Army, Navy, and some other AF guys selected from the Aero Port each time. BTW, when we saw the Marines move, we stopped firing and then some time after, the Marines would drag 1 or 2 NVA out of the bush, leaving them in plain view, on the side of the road. Then we all continued on. If we were returning later from our 'mission' to Da Nang, the bodies would be gone.
I don't believe that is the problem. The PTSD law changed in July 2010 and 'boiled down' to this. If a VA Psychiatrist, an MD, or a VA Psychologist, a PhD diagnosed you, me, anyone, as suffering from PTSD, the VA must accept it. That is my CASE.
If you were in COMBAT and could prove it (my COMBAT record), the VA would STFU and believe your PTSD claim without further testing, or if you witnessed, experienced, loss of life, or possible for you or others, then that could be considered a valid stressor, even without combat.
My problem is the VA refuses to accept the DIAGNOSIS and in the SOC plainly called the DIAGNOSIS, a DISCUSSION of SYMPTOMS, then stating that it 'fell short' of the 'mark'.
BTW, I did also mention that in all those years, from 2006 on, the VA denied PTSD with no explanation and NO C&P. we are talking at least 4 separate ratings, all denied.
Assuming that my facts are valid, my thoughts lean towards a CUE claim but don't know how to, or what or who might actually realize that my claim is valid and that the Phoenix RO has 'severely and criminally' lied and 'prejudiced' my claim in a very negative and damaging way.
I request that you reread my statements. Maybe I missed something or failed to explain my claim or dilemma.
This is all very frustrating, but help is appreciated.
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I am a 100% TDIU Disabled Veteran. I have 20 years of USAF active duty including Vietnam and Thailand. I am SC for DIABETES, Pulmonary Sarcoidosis, and other that are presumptive for AO exposure.
About 12 years ago, I experienced impotence as a regular disability but didn't know the VA actually knew that my SC Diabetes and meds caused it.
About 3-4 years ago my VA Internist started me on different meds, to attempt to correct that by 'test driving' these meds for months at a time with no success.
Then my PCP scheduled me for a UROLOGIST appointment that went thru CHOICE but that Doctor said "too many meds and primarily the DIABETES and ENLARGED PROSTATE " caused this problem. That was about 6 months ago.
I want to file for SMC-K as my VA doctors and my civilian doctors have the records confirming that SC disease, meds and AO have caused my LOSS of my "creative organ" function.
Some 'soothsayers' have said if I file ANY claim, I become a VARO 'target of opportunity' and the RO could try to downgrade my TDIU P&T, 100%. I am 70% SC.
Medically, over the years, the VA could NEVER find records that would indicate that ANY SC disease, or secondary diseases IMPROVED, that is a fact. Unfortunately, they lie a lot.
The question is: what is your advice? File, or NOT file? and why please.
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20 years USAF, Vietnam part '68-'69, Service Personnel Record (SPR) heading COMBAT plainly states TET OFFENSIVE '69 (missing TET OFFENSIVE '68). VA already accepted my Vietnam duty plus awarded 'presumptive' diseases because of.
VA Mental Health Psychiatrist, an MD and VA Psychologist, a PhD diagnosed me with PTSD, Depression, Anxiety, and other in 2009 thru today. Been on prescribed anti-depressants since active duty in 1985 (normal retirement July 1987),
Continuously under VA mental care, VA psychiatrist and VA psychologist thru the present..
Original PTSD claim 2006 and always denied for: No records found in VAMC, No combat Ribbon, but never scheduled for a C&P PTSD Eval ( I know the PTSD Law including change in July 2010)
90% of my Medical Treatment is OUTSIDE the VA, except EYES, EARS, Mental Health.
All Mental Health RECORDS have been in "Constructive Possession" of the VA forever. They just never looked for them in VISTA.
My NOD of 2013 Rating included 120 pages of VA Mental Health Records printed at the Phoenix VAMC (with plainly DIAGNOSED PTSD on recurring pages from 2009-02013). Also included 9 fully detailed Active Duty Stressors, 14 pages of detailed explanation of each STRESSOR, and VA LAW references.
In the Statement of the Case (SOC), even though I submitted all of this as NEW & MATERIAL EVIDENCE, the VA neither stated that they accepted it as such or rejected it but almost towards the end of the SOC they wrote this:
“We received your medical evidence from the Phoenix VA medical Center which discusses the symptoms of your medical condition.”,
“The available medical evidence is insufficient to confirm a link between current symptoms and an in-service stressor.”
“Therefore, service connection for post traumatic stress disorder remains denied.”
So they agree it is evidence but IGNORE a legal MEDICAL diagnosis.
In November 2013 I was awarded 50% for DEPRESSION, ANXIETY, and other with: "Effective Date NOT set" and "PTSD Claim is considered re-opened",
Interesting because I have been on prescribed anti-depressants from 1985(active duty), thru TODAY and documented in civilian medical records that the VA indicates it has from 1991-2008, received by the VA in 2005. This medication also in VA Mental Health records thru the Present.
Additionally, in that same rating of 2013, I was awarded 6 months of retro pay to the day BEFORE the DRO Video Conference, with the statement "This is considered a partial award!". This PARTIAL AWARD needs to RETRO PAID back to 1987.
I didn't know that depression was RATEABLE so I never claimed it but the DRO in 2013 took all my information on DEPRESSION back to AF time but told me in the beginning of the conference that he would NOT address and of the PTSD claim.
1) How do I get the VA to follow the laws regarding PTSD, COMBAT, verifiable stressors, and the fact that:
2) the Air Force NEVER had a COMBAT ribbon until about 1988.
3) My UNIT of assignment has a PUC with a "V" for the years I was assigned to them.
4) I have BOTH Vietnam Campaign and Vietnam Service medals with 'clusters'.
What do I need help with:
I want the VA to add PTSD to my SC disability, not in place of the 50% Depression but as part of that SC rating, all the way back to 2006 original claim, or 2008-2009 VA PTSD Diagnosis. That would be a RETRO pay that I deserve.
Can you help me?
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On 10/16/2017 at 10:49 AM, Gastone said:
What reason did the (4) VA Law offices give for not accepting your case for representation?
Did you ever contact the Pro Bono Legal outfit, "Vets Legal Consortium" in DC.
If you could post redacted copies of your ongoing Denial Letter and SOC's, that would be very informative.
Semper Fi
Hey Gastone, thank you for your reply. Two of the law offices called on the phone and just stated ‘our team has reviewed your case and has decided not to pursue representing you’. The most recent letter, 2 weeks ago said basically the same thing. I assume they won’t state a reason as that might be a ‘legal issue’ (no pun intended). One Attorney in Fla., whom I gave a POA to solely, stated he never received my entire C-File in 4 years and cannot understand why but in email msgs. Tells me my case is very complicated and he did not want to offer advice that might not be correct.
Either way, I end of with the same thing....nothing. I will scan a copy of the last rating with a copy of the SOC. Will have to be within a week though. My wife has been in and out of the hospital twice this month and now home.
thank you
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2 hours ago, john999 said:
So you do have TDIU now? You don't need a PTSD DX since the VA will only pay you for one mental health disability. If you want back pay with a complicated claim you must continue to seek a VA lawyer to help you. If there is large possible retro pay you should be able to get one of them to take you. I had many attempts to get a lawyer to represent me on a retro issue. It took eight years and I still lost. If you have TDIU now thank your lucky stars . You want a ton of money. You get retired pay and you get concurrent receipt? You have not been turned away. You just want an EED. OK you situation is not dire. Are you getting social security? You won the game but just not as much as you wanted. I wanted back pay to 1973 and I think I deserved it. I didn't get it but I have enough to pay my bills just like you. I am not picking at you but consider you are lucky to have gotten what you got. Many get nothing and you got it all just not the all you want.
Thanks John for your reply. You are right, I am lucky to have gotten this far but bitter all because I have been screwed by the local RO for years. Since 1987 to be exact. I lost my home $440,000 that I had worked hard for since the early ‘90s but after 2006 my employment capability was almost non-existent and back then between my USAF pension of less than $1000 per month, and my VA comp. of less than $500, the VA kept turning me down for everything.
Plus the fact that I was so depressed that in 2007-2008, I came close to “turning the light switch off”.
All of my claims were of facts that the VA had “constructive possession” of and in most cases actually listed all the medical records that applied but they would come back and state, no records found, or no diagnosis.
I was Stage 4 Sarcoidosis in the last 2.5 years of my 20 years of active duty. When I retired I was still Stage 2 and on prescribed prednisone, with PFTs below 65% predicted. I received 0% SC. Had another 3 years from 92-95 on 60mg per day and diagnosed Stage 4 Sarcoidosis.
Because of the high dose prednisone for all those years, I had “Cushing’s Syndrome” including the “moon face” and “elephant hump” on my high back. These are very noticeable by everyone and should have been by the VA during 1 exam without any PFT, or labs.
Also documented osteoporosis from the prednisone and other obvious, visible symptoms.
I do know that the VA won’t rate you for multiple mental conditions except they will combine them. Which came first, the chicken or the egg?
As I stated, my original PTSD claim with stressor letter was 2004. Because I did the DRO video conference in 2013 with resubmitted documents originally from VRE contracted psychologists and masters degreed physical therapist in 2009-2010, I got my 1st depression rating of 50% with a deferred PTSD, but re-opened claim.
Also, my SPR states under COMBAT, the TET in 1969. My VA ‘shrink’, an MD, and VA Psychologist,a PHD, 2008 diagnosis of PTSD, depression, anxiety, and other acquired mental, was ignored ALWAYS.
Don’t forget the July 2010 change of the actual VA law concerning PTSD rating, which actually identifies COMBAT as an ‘automatic PTSD’ rating ‘without the need for a C&P exam’ or ‘water boarding’.
i also have fully documented stressors, 9 to be exact that we’re ignored and the 127 pages of VA mental health records from 2008-thru today even.
My points are: fully SC depression from active duty (beginning 1985)thru the present on a CONTINUOUS prescribed antidepressant medicine thru today.
Medically diagnosed PTSD and reconfirmed chronic depression by the VA since 2008 thru today with prescription doubling in 2008 and 2016.
Then the VA SOC of 2015 with the 127 pages, the SPR record, the 9 fully documented and record supported STRESSORS (that were the basis of the VA PTSD) diagnosis), they VA stated, I am quoting, “we have received your documents DISCUSSING your symptoms”. They just changed a medical mental diagnosis to a DISCUSSION, and they have nothing to support that change.
That and other RO illegal changes are what makes me livid, so yes, you say I can pay my bills but you don’t know that I am on permanent oxygen devices, 24 hours per day, ride in my VA motorized wheelchair because of my lungs, DDD and Cervical Stenosis with nerve impingement and severe pain that never ceases and if it wasn’t for my now wife, another Air Force veteran, who VA qualified to buy this house 6.5 years ago, I would be another homeless veteran, with nothing!
So being satisfied with my rating and income means that you believe my continuing efforts to get “retro Pay” should not be fought for.
it is “not the all that I want”, but rather “the all that I deserve and earned”.
All the RO employees that fail to award disability compensation that is fair, accurate, and legally and medically supported is a crime in itself because they have deliberately violated and ignored laws that they are required to adhere to.
They get paid bonuses for the number of claims they “push out the door” every day. That means they are getting paid more for violating the law, their sworn oath, and professional responsibility.
i also am not trying to “single” you out or “pick on you” but you”hit a nerve”. All veterans deserve the appropriate disability compensation! It is not a “wish list” for “Santa Claus”. It is a LEGAL right!
Oh, by the way,
I EARNED my Military Pension,
I EARNED my Social Security Entitlement, and
I DESERVE my VA Disability Compensation.
Marty
- Prettypantha and broncovet
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20 hours ago, john999 said:
Get a lawyer who does VA claims. You should claim depression instead of PTSD I think. Do any of your SMR's show DX or treatment for any mental health issue? You have DMII so if I could not get depression as main claim I would try for it as secondary to your DMII. You need help because the VA has you on the Merry-go-round and means to keep you on it until you expire. You need someone on the ground to help you do your appeals and your hearings.
Thanks for your comments.
you may have missed it but I got my 50% depression in November 2013. The main problem is this RO taking my confirmed PTSD by the VA Psychiatrist and VA Psychologist 2008-present and ignoring that diagnosis by stating “no records found in the VAMC” and then in the SOC after all mental health records were supplied with the NOD, by stating “we have received your documents that discuss your symptoms”. They are not symptoms, they are a confirmed and ongoing diagnosis plus by ignoring that for all those years, they don’t have to pay retro pay back to 2006. Then there is the even greater problem for them because the rating could have ‘hit’ 100% all the way back to 2006. Yes, I would love to find an Attorney and over the last 4 years I have been turned down by 3 different Attorneys stating, in one case, that my case was very complicated. Really! What a surprise!
Because I was on very high dosage (100mg) prednisone, while still in the Air Force, put on antidepressants because it makes you depressed, thru my honorable discharge 2.5 years later, and continually since then, thru today, I have SMR and VA, and CIGNA, and others, continuous record of prescribed antidepressants because of severe depression and the VA ignored it until my DRO video conf. In 2013 and 6 months of retro Pay. So I want it back to discharge thru today as SC. That would be a ton of money.
i have also been denied for depression for years before as secondary to DMII. I also have DDD and cervical stenosis, peripheral neuropathy in both legs, nerve impingement in both arms from my neck. Severe daily pain in my lower back but the examiner wrote “mild pain on motion”.
Now I am up for Appeal on the docket with no date set and really need some help from a reputable VA certified Attorney.
I apologize for not stating my case clearly as that is a byproduct of my meds.
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Here is an example of my ongoing problems.
Filed PTSD in 2004 stressor letter, hand written submitted
VA says 2006
Ratings from 2006, 2009, 2011, 2013, 2015 SOC all deny
Why: “no records found in the VAMC”; “you do not have a combat ribbon”, in the 2015 SOC, after submitting 127 pages of VA mental health records from 2008-2013 with my NOD, with ALL diagnosis made by a VA Psychiatrist (MD), and a VA Psychologist ( PhD ), diagnosis PTSD, depression, anxiety, other acquired, i.a.w. DSM IV, GAF 40. All of which has continued thru today.
With my NOD of 2015, I again provided 9 fully documented stressors, plus crash records.
The Phoenix RO said in the 2015 SOC, “we have received your documents discussing your symptoms” and denied still and permanent.
My SPR, under COMBAT, says TET Offensive 1969. I was in combat occasionally while at Phu Bai in 1969
Fact: the Air Force never had a COMBAT ribbon until about 1984.
Fact: I have been under the medical supervision for DEPRESSION since 1985 (still in USAF) while on very high dosage PREDNISONE (100 mg per day, for my SC Sarcoidosis (now on the presumptive list) rated at 0, and again ‘92-95.
Yes, I have diabetes mellitus II SC rated at less than 40% presumptive from AO
Still taking VA anti-depressants since 2008 thru today but since 1985 (USAF) thru 1987, then CIGNA, and others since.
I need help, I am tired of being turned away.
Also always turned down for TDIU with statements “records indicate you are capable of employment”
I am on oxygen since 2014. I ride my motorized VA wheelchair since April 2016
Up to my DRO video conference in June 2013, I was 20% total.
I did almost 2 hrs and November 27, 2013 I got 50% depression with PTSD open again.
Total SC became 70% and approved for 100% P&T TDIU
I have never received an award from the Phoenix RO.
My only increases were from Albuquerque VA and the DRO St Paul MN.My 2012 Appeal is now on the docket but NOT scheduled yet.
The RO ‘certified ‘ the package and sent it to Washington. I have no idea what they sent as I don’t trust them.
I am so scared of this Appeal as I have no idea what to prepare, or present. I have only requested a hearing, on that one.
Help. -
After you have received the last SOC (or SSOC) and are finished toying with the gomers at your local RO, you then have to file the VA 9.(but not at the BVA). Your appeal cannot move to DC without it. My favorite trick is to save some zinger, some incredible piece of evidence, that, when added to the claim at the BVA, tips the scales. This keeps it out of the VARO denial machine. No rebuttal equals a more equitable playing field with only your opinion as the salient item. That's appeals 101.
A VAF 8 is a certification form that everything was done legally and the preparations for the necktie party in DC are ready. It is stapled to the top of a cfile and sent to 810 Yellow Brick Lane NW. In this .pdf world we inhabit now, it is merged into the c-file. I have one somewhere if you want to see what it looks like.
I like your appeals 101 info.
Ok, the form 9 will have the items denied, the reason they are wrong with T38 and cites BUT will be the very "short" versions of my defense. My "big deal" items are that the DRO denied about 10 items, withOUT a formal Rating Examination.
They scheduled 4 exams I couldn't get rescheduled so I submitted a verbal excuse to the call center 3 days before the 1st appt. that the DRO listed as evidence but also said I had no "just cause". My medical excuse was I was having a VERTIGO event that lasted 9 months, from my SC Cervical stenosis. I was about 2 months into the VERTIGO when the appts. were scheduled. My doctor had already sent a PERMANENT waiver for Jury Duty that I had been notified of a month earlier. I have med. records, prescription records but "they" just "went their merry way". I had also sent a list of my doctors, years of treatment, specialty just prior to the video conference (also listed in evidence) and they sent me DBQs that the Amer.Legion said I requested. (I didn't). I was hoping the AL would get the DRO to reschedule the appointments(if needed) at a date TBD, use my doctor list to request records from these doctors (with signed releases by me) as I asked to AL to accomplish in my behalf. Anyway, I mentioned these laws (listed here) but everyone ignored them. Maybe the BVA won't:
Here is one: (my attempt to shed light on VCAA FAILURE) DEPARTMENT OF VETERANS AFFAIRS, Veterans Benefits Administration, Washington, D.C. 20420, September 16, 2008, Director (00/21), All VA Regional Offices and Centers, Fast Letter 08-26, SUBJECT: Vazquez-Flores v. Peake and New Veterans Claims Assistance Act, (VCAA) Notification Requirements
Another: (since 2009, no examiner looked at PRIOR exams, records, etc.) Rating Examiner: The examiners should have all pertinent medical records available for review, and the results of prior examinations must be carefully coordinated so that a comprehensive assessment with respect to the impact of the veteran's disabilities may be ascertained. Physician's Guide for Disability Evaluation Examinations (IB II-56), Section 1.8 (1985).
Another: (trying to reschedule 4 rating appts) Department of Veterans Affairs, VHA DIRECTIVE 1046, Veterans Health Administration Transmittal Sheet, Washington, DC 20420 April 23, 2014, DISABILITY EXAMINATIONS, (4) Addressing disability examination requests as follows: (d) If an in-person examination is to be conducted, the VA medical facility staff is responsible for scheduling the examination in a manner most accommodating, when feasible, to the examinee
Another: 38 CFR Sec. 3.655, TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF, CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS, PART 3—ADJUDICATION, Subpart A— Pension, Compensation, and Dependency and Indemnity Compensation, Sec. 3.655 Failure to report for Department of Veterans Affairs examination, (a) General. (My "JUST CAUSE" claim) “Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, death of an immediate family member, etc.
Another: (my PTSD Claim New/Material) from VHA DIRECTIVE 1046 dated: April 23, 2014, 38 CFR 3.156 - New and material evidence.
(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decision makers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.
© Service department records.
(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section.
(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.
That is enough for now. I have much more. See what happens when "someone" locks me in a 'dark, cold, room', with food, water, a computer with high-speed internet.
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Hey, homie. You have one problem. In order to file the VA 9 to the VARO, you have to list the reasons why you are appealing. Absent that at the RO, they cannot sign off on the VA 8. The rationale is that they have to perform a de novo decision on anything you offer in mitigation for an appeal. Most Vets do not understand this process inasmuch as it is preferable to solve the conundrum at the local level. You are saying you are reserving your best arguments for the BVA which deprives the VARO of one last opportunity to resolve it locally. That is a valid technique, admittedly, but you have to be subtle. You cannot wave that red flag in front of them and expect resolution. Your whole argument seems focused on defeating any AOJ resolution to this (without argument) and forcing it into the BVA for a grant. It simply doesn't work that way. Allow me to point out that the idea is to find common ground rather than become adversarial. Your posture is antagonistic and is provoking a classic response from your RO. They are trained to deal with logic-both deductive and inductive. From your arguments and hypotheses, you are creating an impasse they cannot overcome in their efforts to certify your claim(s). Semantics are everything in this game. You will soon discover this if you do not either sit down with a rater and flesh it out or get on a successful level of communication that conveys your position in a DRO review. Merely playing word games with these folks is counterproductive. No cites, no case law, no M 21. You state in an abbreviated 21-0958 or VA 9 why you are right and they are wrong. Cite 38 CFR and be anally specific as to why and how. Never get down in the trenches of M 21. That is merely an adjudicative device on how to deny you. Your focus is on the regulations and statutes that control your dilemma. Far too many MDD Vets become mired in the semantic word game and never see the big picture. Imagine a Cliff notes book and they are plagiarizing from it. Call them out. Win with your evidence-not emotional responses with no legal bearing in fact.
Here on HADIT, my antagonistic rambling is not indicative of how my end product will be. It is my chance to get things off my chest, venting, breathing out flames (none of which came from eating jalapenos). You are absolutely right and you cleared up part of my misunderstanding of the process and I did not explain something you touched on. Let me see if I can explain this in a succinct manner.
They gave me a SOC after my NOD for a previous AWARD rating. Effective date wrong, low ball or denial on items that NO examination was given for. Some of the things you guys inform us vets to do. Thanks
With the NOD, I submit "new and material" PTSD evidence (124 pages), with their form referring to my attached detailed STRESSOR list from active duty, plus corroborating evidence from AF Records.
The RATING had 're-opened' my PTSD claim', plus did NOT LOCK an effective date of my DEPRESSION award.
The N & M was the 8 years of VA certified, diagnosed, treatments, consultations MENTAL Health records (100+ pages), by my VA 'shrink' MD, and VA Psychologist (Phd) that the VARO was ignoring plus full STRESSOR descriptions that gave me my DIAGNOSIS of PTSD and the DENIALs of other items.
The open Effective date from my DEPRESSION rating was because I resubmitted 2010 VRE evaluations, 3 Layperson letters from 2009, PHYSICAL (2008) and MENTAL (2009) evals from VRE contracts to the DRO for that AWARD rating in 2013. All of which had been listed as EVIDENCE in ratings from 2009, 2010, 2011 but ignored plus my DEPRESSION listed in AD records on onward.
ALL same info, but it took an 'out of state' DRO to read, accept, award a 50% rating almost 4 years later.
My Form 9 will list each item denied. Why I know they are wrong, a listing of specific LAWS they violated, ignored BUT, some cites, no M21 verbiage. My intent is to just fill this form and as you have said sending it by CERTIFIED mail to the INTAKE CENTER, with a REVIEW WAIVER to keep it at the BVA.
After the RO notifies me that they are sending the FILES to the BVA, Washington D.C, I will send the FULLY DESCRIPTIVE APPEAL by CERTIFIED MAIL to the D.C., BVA address.
The FULLY DESCRIPTIVE version will INCLUDE the signed form 9, an image of the accomplished certified receipt, then question why this EVIDENCE list in the SOC did now include these YEARS of MISSING RECORDS, that were NOT listed in the FINAL RATING of November XX, 2013,
or if it was supposed to reflect these VA RECORDS along with the ATTACHED (fully detailed) STRESSOR EVIDENCE (mine), I submitted at the same time. (showing copy of dated and timed RECEIPT of all ADDENDUMS indexed with the NOD).
Just noticed I missed the line about the VA 8, or did I miss something else. Please explain VA 8 and can I send the Form 9 as I described it to this RO instead of INTAKE CENTER?
How accurate is my understanding of the process?, or NOT? As always, Yours (Alex), and others suggestions, comments, instructions are very welcome. Hey Alex, please read my initial HEADING, and others afterwards. It lists by CUT and PASTE (in COLOR) the SOC denial of these same PTSD records and attachments to the NOD.
I would love to sanitize that SOC for all of you to see and offer advice on. I will remove the 7000 pages of the RO showing laws but NOT with the DENIALS. Just "fodder" to confuse the masses. There is NO evidence, DC codes, medical references, etc.
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Marty,
I'm sorry to hear you had to go through all that and still are having issues with your claims. But you said you claimed depression before in the past? And it was denied?
Okay now if it were my claim I would drop the PTSD claim now. It is actually the more difficult conditions to get SC for unless you have a Combat Medal or have an in service dx from what I've seen.
Now the path of least resistance and the thing that sticks out to me the most is your in service tx for depression and the fact you say the Prednisone side effects are depression.
* You have a link to service your tx for depression
* You have a curren dx/tx for depression/anxiety
Now all you need is a nexus medical opinion to link your current condition to the in service tx/event
Thats not all I would also submit it as a secondary as well to your already SC SARCOIDOSIS.
You can submit it do a VA exam and get two opinions one directly to service and one secondary opinion.
Or take the private DBQ, take your VA MH tx notes to a Psych Doc outside have them do a DBQ and opinions.
Thanks for your reply. I will look for an outside IMO
I was USAF. USAF, back then didn't have a combat ribbon, but my SPR, under combat lists one of the TWO TET OFFENSIVES I also had the pleasure of experiencing and the VARO found that in my records.
These local idiots, for years have also ignored the depression until 2013 then the DRO gave me 50% but left the Effective Date OPEN as, some of the DATED records I resubmitted in 2013 for the DRO rating, actually, are listed as evidence in a 2009 and 2010 rating. These are 3 lay person letters, one by an EMT, a signed letter from my VA Psychologist stating that she and the VA psychiatrist (an MD, by name) have been treating me for PTSD since 2009. All of these documents are dated 2010 and the VA acknowledges that they have these documents. Like I said before, the NOD had all those records attached.
I forgot to tell you that at the end of this SOC, the told me what I put in my 1st post re: this subject. I couldn't believe it.
Yes, I know that when I get them to acknowledge the PTSD, they will combine all under depressive disorders. I don't care. They cannot leave the depression at 50% to do that.
The issue with the open Effective Date cannot be resolved until they disprove what I entered as evidence and that which my last 3 years of active duty plus 28 years of civilian doctors records that they have had and list as evidence. They are just not seiing the last 7 years.
All of these records have the depression and other, plus 'scrips for brain meds for all these years.
Last but not least, I deserve the RETRO pay for all these years. It should be a nice amount.
I also have AO presumptive for diabetes II and haven't updated them for years but it also has a history of associated depression.
I also have SC cervical stenosis but the VA has ignored the pains associated with that and the Lumbar.
I think part of my problem is from 1987 to 2005 I didn't file claims, didn't file NOD, and was too depressed to care. My AL VSO from 2009 until 2014 were worthless.
When I was VRE, they got me into the shrink and she DOUBLED my meds. Things started to get better.
I did a DRO video conference because my VSO had prepared NOTHING in one year, and he told me 45 minutes before the conference.
I got a 100% P&T TDIU, including the 50%, paid at 100% in November 2013. helped because of people like you and others here on HADIT. I am NOT kidding. My first NOD was June 2012. VSOs suck
What I learned from case law, Title 38 and M21 has been extensive. Unfortunately, very late in my 67 years, plus a lot of meds and the diabetes don't enable me to often have clear thoughts, so I rewrite everything about 20 times because my mind says this but apparently my fingers don't get the same message, usually missing stuff and misspelling.
I never ramble though,... thank God
I really appreciate your advice. Thanks
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OK, I just found this a few days ago.
My rating of Nov 2013 is what I filed the NOD on in November 2014
I consider that Rating as a LEGAL document. The NOD is another legal document.
The VARO always states that the rating is based on evidence listed in this rating. OK with me.
That particular rating was done by a DRO from out of state.
The local VARO wrote back to me in January 2015 that they didn't understand my NOD of Nov 2014 and sent me a supposed "copy" of the rating I submitted the NOD on.
But now, changed the list of EVIDENCE used in that DRO rating that I sent the NOD against, to NOW include a reference to the years of medical records that they kept overlooking for MANY years.
I had submitted all those copies of those years actual records (100+ pages) with my original NOD (the one they said they couldn't read or understand)
Then the SOC that arrived, the one after my NOD with the MODIFIED evidence listed, I believe is a problem.
My understanding is that the BVA will look at my APPEAL package with their modified SOC evidence, and logically conclude that was part of the rating.
I think their action is illegal.
In my appeal, I intend to point out the differences in the original from NOV 2013 and the VARO modified SOC of 2015.
any comments please.
PTSD, continual denial even with VA Diagnosis and COMBAT RECORD
in VA Disability Claims Research
Posted
Thank you Buck52
I will try that.