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Rich p

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Rich p last won the day on July 18 2014

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About Rich p

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    E-3 Seaman

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  • Service Connected Disability
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    Air Force
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  1. There is also a VA report that claims once a veteran received their PTSD rating they stopped using mental health services and likewise abused the medical services side. Hummm, were they not allowed to ask their clinics how they operate? Because my PTSD clinic discharge letter is in my file. I'm 100% for PTSD and have not had treatment options for over five years now. I have my medical doctor and my psychiatrist. No counseling. Hum maybe these veterans have been abandoned, you think.
  2. Clemons state the VBA has a higher duty to narrow a claim filed with a mental health condition. In Clemons the veteran was claiming PTSD which the VA continued to deny. When the case arrived at the CCVA the secretary was ask if they noticed the veterans other mental health diagnosis. The court then claimed a mental health claimant in capible of narrowing their own claims, this require VBA to identify and address any and all material facts from the onset. VBA fails Clemons if a material fact exist in your record and has not been addressed in a statement of case. I still have 8 diagnosis in my record never addressed, still in appeal
  3. My information was from the helpdeskvetsfirst.org, or the paralyzed veterans of American.
  4. If you actually receive regular treatment for ptsd, Clemons Vs Shinseki 2009, is all that is needed to advance your claim. If it is a documented fact of record, Clemons requires a substantially complete adjudication. Missed evidence in your record fails Clemons and requires the VA to redress. Clemons put a higher requirement on the adjudicator. They didn't get it at first in my case, but I just pointed to a material fact, claimed great weight for my doctors statements, and presented Clemons. When from 50 to SMC, over six years. I hope this helps, the VA, DOJ, and our VSO's are way behind the curve on this. The decision came from the CCVA.
  5. As a footnote: I will be considering the new VA accountability to pursue the Management Team in Nashville for systematic intentional indifference with Patern against mentally challenged veterans under Clemons and will assert discrimination by class, as we have no viable means for redress. We are silenced by the act of a well check. No communication rises beyond this step. This act discriminates against mentally challenged veterans and denies our right to advocate under ADA. Let's see what the Nashville VBA Director does.
  6. Voiceless Veterans We arrive, angry, confused, hurt, untrusting, extremely defensive, with a strong tendency for coming off "rudely direct" and somewhat scatter brained. By the time, we finish speaking, we've likely already "pissed off" our intended receivers. Then, we receive our threat of VA police intervention, unless we comply, and speak with respect. Who are we? We are the "voiceless members" of the "highest VA risk group" known as "mentally challenged veterans". We perhaps impact the high rate of suicide, more than any other group, found among veterans, past and present. Everyone is concerned for our well fair and rightfully so. Yet..... We all witnessed a veteran act out and take the lives of five Dallas police officers. We all read about the veteran taking his life the day before thanksgivings in Tennessee. We watched again as a veteran drove his car into a crowd in New Jersey. These were all members of my group. They each acted out in horrible ways. They acted with purpose. Each were previously rejected help, by the VA! Replace the acronym "PTSD" with "HULK" and everyone will understand us better. PTSD, as in my case, has not diminished intelligence, it clouds my use of it. The CCVA, addressed the plight of the mentally challenged veteran in Clemons v Shinseki, 2009, emphasizing the inability of a mentally challenged veteran, to narrow their own claims, before a more knowledgeable and experienced VA employee. We would have hoped a ruling from the highest VA court, would have produced a wide range of assistance and protections for us mentally challenged veterans. The court declared it to be enough that a veteran apply with a mental health claim to trigger the special attention required under Clemens. What good are CCVA decisions when VBA directors have no responsibility to follow them, at least that's the way the Tennessee region applies it. Rulings are muted, as veterans in my group have no way to address them. We are threatened with police action, by the VA, defenseless before the DOJ, ignored by politicians, called crazy by caretakers, and all is well, once again, in the life of a stressed out government employee. Our lives are ripped apart, stress increased beyond belief, we end up living in a shed for years, waiting on the VA to respond. We once believed ourselves more than just a veteran, we thought we answered the call for something, more than that. We stood the ground assigned and completed our small part in the defense of our Nation. We stood for all of our nations people. We stood for our own constitutionally protected rights and believed ourselves protecting them. From one Generation to the next, less than 3% of Americans have served their country and even less during time of war, is it to much to ask for a voice? Is it to much to ask that we not be required to sacrifice everything we had worked so hard and so long for. The wars we fight are not in your neighborhood. If you let the 2% keep getting treated this way, the next one will be. I'm a Vet, too, has become an excuse, not the badge of honor it was intended to be. We stood up when you called and we came home different. Will you not stand up for what our families are loosing, because we chose to defend you? To quote the late Paul Harvey " Now you have, the rest of the story." Stand on Clemons and force the VA to address all of the material facts. Now read Bevins and six unknown narcotics agents and the new VA accountability law. This will force the VA to address the whole disability picture the first time they touch the record or they fail Clemons. Do not pursue the adjudicator, pursue the signing authority as they have a written obligation to ensure the law has been followed. The new accountability law is specifically positioned to tag these individuals for failing their signing obligation, therefore failing Clemons. My claim went from 50% to 100% based on the same medical evidence. No new exams, no bull, claim Clemons and point to your Disagreement, then let them assume liability for failing Clemons.
  7. I was only at 50% for PTSD, 0% sinusitus. When I requested a DRO review in my nod. In the nod I stated my disagreement with their rating and my reasons. Then I explained that with an increase I would qualify to request ui. I've been unemployed three years at 53 years old. My anger issue finally got me in trouble and committed, but the med adjustment works ok. From this the DRO requested a new c&p exam with instructions to consider the condition and ui. With that in my nod the DRO choose to review it all at once vs just making an increase which would bring another appeal for ui. Wow that's nearly a years savings. I told one of the other vets in my PTSD class and he got the same result. He stated his reasons for disagreement and explained his objective and why he felt it was correct. Again, the DRO seems to be taking on all the issues at once. I'd be the last to venture why this happened or if it just an oddity. If anyone else tries it. Please share your experience.
  8. Sorry to hear your troubles. I saw where someone posted elsewhere to get a fishing pole and USE it. All in all I found it to be good advise where the va is involved. God bless brother.
  9. Asking us is helpful if you have an odd issue. But you would benefit most by finding a veterans rep in your area.
  10. OCD is part of the symptomology of PTSD. I have rituals, back to wall, constantly search out windows, etc.. All included under ptsd.
  11. As you say you're tired of all the hassle, be greatful for such wonderful people as your employer who provided you a sheltered situation while your claim was processed. Go sit with your family and plan your future. God bless
  12. Thanks that's what I thought. Shut the old righteous mouth and just go retire in the country ( our plan ). Just feel real bad leaving a person like that behind to screw over the next vet. But I don't like North Koreans leaders either and can't solve that by myself either so looks like green acres for me and mine. Hold the line fellows hold the line. I'm out...
  13. Fat, thank you and yes I clearly met the requirements, but the civilian records were submitted after my c&p. didn't really understand what I was doing at that time
  14. Applied for PTSD and sinusitis. First rating was for 50% PTSD and 0% sinus. Appealed PTSD claim because denial letter said 70% was not awarded because of no suicidal idolization. Even though the c&p doctor emphasized this in three places explaining that I had in fact been court ordered to anger management and committed to a unit for a few days. I appeal sinus on the grounds that the decision stated that even though I had had two radical surgeries for same there was not evidence of ongoing issues. My fault submitted civilian doctors records. I was new to the va system and had not yet received care for sinus issues. I requested a DRO review. I stated clearly that I felt the evidence to determine my case at the higher 70% for PTSD was present in the current c&p which was clearly not READ by the rater. I told that that any jury of my peers would come to the same conclusion based on the documentation. The DRO ordered a second c&p. However in the request for the second c&p the DRO's request stated that the veteran has accused them of being grossly neg. and was in fact very detailed in their explanation. He included a copy of my letter to the doctors. I believe this clearly violates my right to a non adversarial judgement. I believe this was only intended to negatively influences the providers providing my exam. I didn't learn about this until after I got a copy of my c&p in-which both providers increased my ratings based on my exam. The PTSD doctor listed me as sever. As of today ebenefits says my claim is in statement of case. My question is first: after my rating is final should I present this issue to someone, or shut up and live. If denied a rating increase it will definitely be one grounds for appeal. The worst thing is it's all documented by the DRO. My brother is a lawyer, but not this kind. He believes the action would be considered illegal under an evaluation situation providing an unfair circumstance. Personally, I don't want the va to become my world. Just rate me fairly and I'll retire back to my bedroom snipers nest and continue pacing as if something is about to happen. Never does but when it does I'll be ready.
  15. Wasn't aware I was in a c&p exam here. Believed I was sharing my condition and daily struggles with PTSD so that a fellow vet could see what life was like for me and have a better understanding of what 100% looks like and have a self comparison. I would be the last to challenge a vet. I believe I read some are trying to increase their PTSD rating. I thought my self example would offer a bases for comparison. Sorry for my intrusions...
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