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Third Class Petty Officers
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About SoldierMedic395

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    E-3 Seaman

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  • Service Connected Disability
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  1. Since my last update, my appeal is getting help from a Congressman. I got notification that I had a C & P exam so I scheduled for today. I show up and wait for an hour and a half to have the examiner tell me that I need a diagnosis for chronic fatigue before a C & P . I tell her that I requested a Gulf War general exam and I thought this was about the ptsd and mdd (which are diagnosed). There was no M H exam scheduled. The scheduling office had no help to offer. I go to the DAV rep. He can't help me either because locally, they have no access to my file. I get home and call the office in NYC. I get someone, get put on hold and dropped. I call back about 8 times to hear a message telling me to call in between the hours of 9 and 3, just like I was doing at the time. I am so close to giving up. It takes a lot of restraint to deal with the games and today, I lost it a bit. Just some barking, no biting. It's hard enough dealing with my own mental issues but dealing with the VA makes it that much harder.
  2. I've Got A C&p But I Have Questions

    Thanks for the advice all. I don't think I properly documented my stressors on the initial claim. I have since submitted a supporting statement that lists them. I think 2 in particular can be proven. One was a mass casualty event that is documented on an award certificate from the KKMC command with a supporting signature from the US command on site. The second would be the SCUD intercept which I submitted including the Army's own reference document (they actually kept track of every Patriot intercept). After reading my Cfile, the SCUD intercept should be easy to link since I was in the AO on the date of the intercept according to documents in my file. The details on the mass casualty event are mentioned in my treatment records and the doctor noted my reaction and stated that it is likely due to my war experience ( or words to that effect). I really didn't want to apply for the pension but I was advised that this could be a way for me to get a C&P exam. I ran with the idea because I think if the examiner actually reads my cfile or just my treatment record, they may realize that I should be service connected. @Navy4Life, that is exactly what I said on the NOD. I feel that since there were no US awards connected to my stressors, I should have been given the C&P exam to explain my stressors to an examiner. My assessment indicated PTSD and on the intake exam with a psychologist she noted m strong reaction to just telling the story and stated that my war experience is the likely cause of my depression and PTSD. That's why I am so confused about this. It seems like I was denied without anyone reading my file at all because it is all there in my treatment records.
  3. Here is my latest sitrep. I claimed PTSD, MDD and GWI about two years ago and was denied across the board. The denial letter acknowledges the PTSD and MDD diagnosis but denies service connection due to lack of evidence of my inservice stressors (constant NBC alerts, potential friendly fire incidents, a SCUD intercept overhead and a traumatic experience treating wounded civilian children during a mass casualty event among others). That claim is now in appeals status. I wrote Sec. Bob and the person who replied on his behalf has really helped me out. She advised me to file for a non service connected pension, which she helped expedite. We scored a C&P exam for next week. My questions are: 1) Will the examiner have or read my entire C file or treatment record? I ask because all the pysch doctors agree that PTSD,MDD is due to my wartimes service (GAF 60) and that is documented in my treatment record. 2) Is it possible that the examiner can draw the conclusion that I should be service connected and recommend a rating based on the exam? I’m sure I have more questions but these two are topping the list. I am really confused that my initial claim did not trigger a C&P but a non service connected issue did. I am nervous and tired but glad that I have the chance to tell my side of the story. Please advise, Soldier Medic out.
  4. Update: My attorney cut me loose for sending the NOD at the request of the NY VARO. Otherwise, no movement but I have my Cfile and med records. After reading through everything, I found that I have a GAF of 60 (probably worse now), a diagnosis of PTSD and MDD, evidence of presence at KKMC during a SCUD attack and mass casualty event but this still doesn't seem to be enough to get a service connected rating. I'm in retreat mode now as eviction is right around the corner and I no longer have an attorney. The process is wearing me down.
  5. I have a ton of respect for Asknod and was very glad to see the input. I agree with Buck52, I'd hire him in a second. I get where the attorney was coming from and he does seem to have a large practice. No hard feelings but I thought it would be best to strike while the iron is hot and Bob is looking over their shoulders. I worked on my statement for a few hours and uploaded it so, hopefully I'll get an exam after all of this. My thanks to all for the advice and input. Something tells me I'll still need a lawyer in the end but I'm willing to live and learn.
  6. I appreciate the input marine and asknod. I may be very wrong here but if the lawyer had a plan, I really wish they would have let me in on it. Believe me, I don't feel too good about going forward without an attorney on board but when Sec. Bob got the ball rolling, I didn't think that waiting another six months would be a good thing. Of course I know that this could completely backfire on me but it's a chance I have to take.
  7. Greetings asknod! I don't think the attorney had any contact at all with the RO or VARO. When I got a direct line to the Congressional unit rep, they declined to speak to her at all and offered no advice on how I should proceed. In the withdraw letter, they claim that they asked for responses from me regarding the e-mail I sent to the Secretary but when I had them on the phone about it, all they said was "That's nice". They barely acknowledged my case until I filed the NOD at the request of the Congressional unit rep. Maybe there was a method behind it but, it really seemed like I was still on my own.
  8. I have to admit, I'm a little afraid of facing this on my own but I'm the only one who I can trust on this.
  9. Well, the attorney has withdrawn representation and I am glad. Apparently filing the NOD on my own upset them because I didn't think that waiting for the full year deadline was a good idea. They completely disregarded the fact that I am unemployed and on my way to eviction and I needed help ASAP. When the rep from the Congressional unit at the VARO responded, they refused to speak on my behalf and told me to say what I wanted, now they are upset. It seems to me that this firm was willing to let my claim linger for as long as possible for their benefit and not mine. It's a happy divorce as far as I am concerned.
  10. More Data Manipulation

    At least it confirms that we're right not to trust anything concerning the claims process.
  11. http://www.katv.com/story/28220732/report-data-manipulation-confirmed-at-little-rock-va http://www.va.gov/oig/pubs/VAOIG-14-03963-139.pdf
  12. Hippa Law True Or False

    @ 63Sierra- IMO, the doc was trying to protect himself from a potential HIPA violation. The law requires that a positive ID must be made to divulge patient information. The days of getting that kind of information over the phone are gone due to these rules. These days you can be in violation for discussing a case with no names mentioned but there is still enough info for a listener to figure out who they are talking about. People have been successfully sued for discussing patient info over a phone call. The findings must be discussed face to face or he may send you the findings (most likely registered mail). The fact is that anyone can call in and say it's you and request confidential information.
  13. Thanks Bronco and especially Berta. I was lurking this site before I signed up and I always read Berta's posts. She is the bomb (as the kids say)! I absolutely intend to become an advocate for PTSD vets. I've also been trying to become an advocate for Native American vets through my connections within my tribe and through some editorial writing I've done in the Native press. For now though, I have to fight for the win or else my advice would be useless.
  14. I'm thinking that Oakland is not the only one burying claims and supporting documents. I watched today's hearing but no one seemed to bring this up. Granted it was for budget proposals but it should have gotten at least a mention.
  15. I've put the requests in myself and with my attorney. Neither of us have gotten anything. A Gulf War Facebook group tells me that many of our records were destroyed. I guess that's why I had a hard time proving wartime service earlier in the process. Truth be told, I'm pretty lost in this whole thing.