Navy4life

You can be diagnosed with PTSD but in order to file a claim for PTSD service connected is the diagnose for one, TWO that the PTSD occurred in service, and Three you are getting the treatment for it.
The mere fact that you get diagnosed with PTSD doesn't warrant a VA claim for S/C.  You have to prove it is related to while you were in the service.  A lot of Vet's think just because they have PTSD they are automatically s/c for it.  Not so fast now.....
Just go to the appointment and see how it goes.

Agreed, this is the best move to combat the decision.  New medical and material evidence would greatly help your claims strengths and continuity of symptoms and treatment.
Never GIVE UP!!

I agree with the folks on here with regards to the diagnosis.  You can only be rated for one mental condition anyways.  The fact that there are several, well, that fact should not matter, however, what should matter is that the VA has connected and correctly rated the worst service connected mental injury.
It took me a while to get my mental claim sorted out and it is still fubar'ed, the VA even changed the diagnosis, to correct the mistake and cover their  arse, however, left the door open to reduce the rating before the 5 year mark.  This is the way it goes.  I know better thanks to the advice and knowledge from this site.  As long as your correctly rated for the symptoms and the effect that your injury has on your social and occupational life , those, IMO, are the important facts, with the important connection that it happened in service and was made worse by your service.
If you can get the medical care you need from the VA, heh, great, get it and continue to get the care.  Just be mindful, the VA system, to include the medical side, has an agenda.  My advice is to protect yourself, remain informed, however also get the care that you need.
JMO

Rubberduck;
Your statement is inaccurate regarding PTSD.  Many Vet's like myself suffer PTSD and have never been in combat.  PTSD is for ALL Veterans that truly suffer from PTSD or any MH disorder for that part.  Mine happens to be a result of a personal assault and therefore I was awarded PTSD other than combat.....Just an FYI
Glad to hear the 10% issue got increased to 60%
My apologies regarding the PTSD.  You filed for a MH disorder and honestly they are all to same in some form or fashion.  I am assuming you were denied the MH claim due to the C&P? If you want help from the Vet's here, when you get the denial letter, redact the personal information and post on this site.  Lots of good folks here to help!
Remember just b/c you are diagnosed now doesn't mean it's S/C to your service.  You need a good Nexus letter, SMR's to back it up, and continuity of treatment..
Go to a Walk-In MH clinic to start the process!  It's faster and quicker.  Second, get your doctor to provide a Nexus letter for you that you have been seeing.
I thought you had a C&P exam for MH???
To answer your thread question...NEVER give up!  Fight for what is right!
Also, not sure you know this or not, but I would file an NOD regarding the denial once you have the N&M evidence or file a whole new claim.  Filing the NOD preserves the right for you to get the effective date granted to your original claim file date vs. a new claim it would only be granted at the new claim date filed or the ITF (Intent To File).
Good luck!

Rubberduck;
Your statement is inaccurate regarding PTSD.  Many Vet's like myself suffer PTSD and have never been in combat.  PTSD is for ALL Veterans that truly suffer from PTSD or any MH disorder for that part.  Mine happens to be a result of a personal assault and therefore I was awarded PTSD other than combat.....Just an FYI
Glad to hear the 10% issue got increased to 60%
My apologies regarding the PTSD.  You filed for a MH disorder and honestly they are all to same in some form or fashion.  I am assuming you were denied the MH claim due to the C&P? If you want help from the Vet's here, when you get the denial letter, redact the personal information and post on this site.  Lots of good folks here to help!
Remember just b/c you are diagnosed now doesn't mean it's S/C to your service.  You need a good Nexus letter, SMR's to back it up, and continuity of treatment..
Go to a Walk-In MH clinic to start the process!  It's faster and quicker.  Second, get your doctor to provide a Nexus letter for you that you have been seeing.
I thought you had a C&P exam for MH???
To answer your thread question...NEVER give up!  Fight for what is right!
Also, not sure you know this or not, but I would file an NOD regarding the denial once you have the N&M evidence or file a whole new claim.  Filing the NOD preserves the right for you to get the effective date granted to your original claim file date vs. a new claim it would only be granted at the new claim date filed or the ITF (Intent To File).
Good luck!

Rootbeer;
I too just went through my DRO back in February for my NOD.  It's stressful but I think my outcome will be victorious!  I am awaiting the decision from the DRO as we speak. 

Update. So I was approved for my increase from 10% to 60% and all other claimed items were denied not service connected. 

rubberduck391
I had a very similar experience with my Gulf War CP Exam that went the same way. Despite the fact that the I had 4 of the 7 primary symptoms for GWI addressed in my medical records, and that the CP exam was scheduled for over 4 hours, the examiner only took 20 minutes and never made eye contact with me at all. I found despite the medical evidence to the contrary that there are just some doctors who just don't believe in Gulf War Issues and have a strict bias against the evidence? This is the same type of thing that happened with the Vietnam ERA  Agent Orange Claims that were largely ignored for years and later to be overturned in a big way. The only way to counter this is to get a separate IME/IMO that provides a strong opinion for the GWI that counters the original exam. I was denied the GWI depite the fact that my evidence was so strong...
 
Take Care and Godspeed Rootbeer22
 
 
 

rubberduck391, I agree with rootbeer22, if you could obtain an imo from your treating psychiatrist, detailing your depression and symptoms and, most importantly, stating something to the effect "it is at least as likely as not that rd391's depression is due to his or a result of his military service", then listing the reasons and basis for that statement, it would help tremendously. If the doc seems unwilling to do an IMO, try printing out a Disability Benefit Questionnaire for depression, you can google the form VA DBQ, and links will pop up, print it out, and see if your mental health physician would be willing to complete that. I have found that it is often more difficult to get doctors to write statements than to fill out the DBQs, and submit it ASAP. Best of luck to you

I filed my NOD November 2014 requesting a DRO review hearing.....That was with Roanoke VA.  I inquired about my NOD because nothing was happening January 2016.  I was living in Texas.  I got my DRO review hearing February 2016.  I did not have it with the original DRO but rather another DRO because the DRO I was supposed to have was sick.  At my DRO hearing I presented a binder to the DRO and I had the exact same copy in front of me.  I went page by page in the binder with him pointing out the discrepancies I found from my original denial in November 2014.  I also provided a letter from my VA Podiatrist stating it was "more than likely" that my contentions were service related.  I provided additional N&M evidence.  During my hearing, which last about 45 minutes, the DRO made comments along the way that seemed favorable.
What I didn't like is the fact that he stated 60 days for a decision which is NOT the case!  I am not going on 4 months since my hearing and according to my DAV rep I am RTR (ready to rate) but with dates of March 26th, 2016 to September 20th, 2016.
I would like to mention I chose the "informal hearing" with the DRO and I feel that speaking on my behalf was the best route possible.
I hope I am successful! 

I had a C&P exam for my PTSD/MST for an increase back in February and I was currently at 30% at that time.  After reading the C&P and going to the "Occupational and Social Impairment" I was sure I was going to be reduced.  But I was awarded 50%!!!
The occupational and social impairment has some weight with the rater but the overall exam is what they are looking at plus any medical records prior to the C&P exam.
Your exam indicates that you will be awarded PTSD with MST.  More importantly, are you in treatment?
I ask, because I too was assaulted and I suffer with an ED and BDD.  I am in therapy weekly!

I had a C&P exam for my PTSD/MST for an increase back in February and I was currently at 30% at that time.  After reading the C&P and going to the "Occupational and Social Impairment" I was sure I was going to be reduced.  But I was awarded 50%!!!
The occupational and social impairment has some weight with the rater but the overall exam is what they are looking at plus any medical records prior to the C&P exam.
Your exam indicates that you will be awarded PTSD with MST.  More importantly, are you in treatment?
I ask, because I too was assaulted and I suffer with an ED and BDD.  I am in therapy weekly!

I had a C&P exam for my PTSD/MST for an increase back in February and I was currently at 30% at that time.  After reading the C&P and going to the "Occupational and Social Impairment" I was sure I was going to be reduced.  But I was awarded 50%!!!
The occupational and social impairment has some weight with the rater but the overall exam is what they are looking at plus any medical records prior to the C&P exam.
Your exam indicates that you will be awarded PTSD with MST.  More importantly, are you in treatment?
I ask, because I too was assaulted and I suffer with an ED and BDD.  I am in therapy weekly!

This time, I agree with VSO, at least sort of.   The earlier you apply, the earlier your effective date.  The longer you wait to apply, the more it costs you in retro.  
I dont see anything wrong with applying for "PTSD and any other diagnosed  applicable mental disoreder".  You do not have to be an expert at  classifying mental health disroders to get VA benefits.  Let the docs diagnose you and treat you.   
To delay filing because you are worried about which mental health disorder diagnosis makes no sense.  They are all rated the same, once service connected, based upon symptoms.  

Yes I Agree with broncovet,
if you file a ITF Claim (Intent to File) you have a year to submit your evidence, so start the ITF, However you need to let them know your filing a ITF (Intent to File) claim to start your time on your claim  as broncovet mention this gives you some time to build up your retro payment  but if you don't care about that  just submit  FDC Claim  (Fully Developed Claim)
Actually I believe this is on a 21-526 ez Form
 so if your diagnose with PTSD by the VA Drs , and you have military medical documentation &  your str's for proof  , then submit it as your evidence, once you file for  PTSD the VA will send you a letter letting you know what all they need  and you can submit all this  through myhealthvet ebenefit's  its a lot easier and cheaper.
Remember to keep all copies you send the VA &If you use snail mail be sure and get a return sign reciept (greencard)
A VA Diagnose's of PTSD DSM 5 with or without  secondary diagnose of MMD/or Unspecific Depressive Disorders  and Bi-polar Symptoms  
I believe you will be diagnosed with PTSD at  A High rating possibly IU with P&T f you can't work because of this sc disability?
 good Luck and I hope you start to feel better  PTSD  Sux!
...............Buck

Even though alot of the symptoms are checked off, alot of weight is used in the Occupational and Social Impairment statement. Really just hard to say until  you get the official outcome

Sorry to hear of your denials.
Did you move?  Did you notify the VA of your new address if you did for the C&P exams?
Sometimes the VA doesn't require C&P exams.
It would be helpful for you to supply both denials on here, redacting your personal information.  That way the experts on here and some of us novice folks can look at the denials and see why they were denied and hopefully point you in the right direction.
My original claims from 2013 have contentions currently awaiting my DRO hearing decision so it does take sometimes several years to get what you deserve.
Hang in there!

My FDC for an increase was done in 3 months.  Jan. 2016 to Mar. 2016.
 

Hey Wayne Waco has  my NOD for a EED. I was told that I would soon be getting paperwork or a letter concerning my claim and that's been 14 mounts ago.

Buck;
im sorry but inhale to disagree with you regarding 'if the DRO says he will get back to you in 60 days that's not good'. Several factors play out in a DRO hearing. Not all DRO's are the same. My case in point. I had a 'stand in' DRO. WACO told me after speaking to my DAV rep that they are back logged regarding getting a decision. Some hearings go well and they are decided right away. I know for a fact after my hearing my case basically went and sat on a desk awaiting a DRO to review it. 
My DAV rep spoke to the DRO who held my hearing and they indicated they are looking at 6-12 months for a decision.
i know many years ago you had a quick turn around but not the case for all. 
 
Wayne;
unfortunatley you have to go through the process Lima most of us that had a lousy rater. My rater never looked at the evidence. He took this one examiner's two sentence note stating my injuries were not S/C. That foot never even looked at me. This was a medical opinion!  I have the evidence and I have more evidence as well. I got a lot of advice on this site. I chose an informal hearing BTW.  
YOU WILL HAVE TO LEARN PATIENCE WITH THIS PROCESS!!!
i know you know you should have been rated and most of us are or have been in the same boat  
I've been waiting since the day I filed back in November 2014  I did inquire after one year like I stated in my earlier response to you  
best of luck!
 

Pack a lunch. DRO Reviews anywhere 12 - 18 months, DRO Hearings 2+ yrs, mine took 4.25 yrs in 2014.
Check your RO's, most recent, Monday Morning Report. Unless it's changed, the MMR will show the "Total Appeals" pending for your RO. It doesn't list the DRO's separately from the BVA's. Gives you some idea of what your into.
Call any of the VSO's that have an office at your RO, try to get the MFIC or a Sr Service Rep on the line. Find out how many DRO's are on your RO's Staff. He should be able to find out exactly how many pending DRO Hearings have been handled in 2016. From there you can do the math.
Keep in mind, you MUST submit the "New & Material Evidence," Mandated by the VA Reg for a DRO Review or Hearing.  Early receipt of your N&M Evidence, could trigger the VA Automatic Review of your Denial by a Sr Rater or actual DRO. You "could?" get an award or a Continued Denial, much sooner than the actual DRO Hearing.  FAILURE to submit the N & M Evidence, will guarantee you an Administrative Denial.
At the 4 yr mark, I filed an Official Request for an "Informal DRO Evidence Conference." Never got the conference, but within 3 months I received the VA notification that my DRO Hearing was on deck for 6/28/14. I chose to go "Informal," no recording transcription. Hearing lasted 35 min, DRO told me he was awarding everything. I was out of the RO by 930am. VSO Rep had a copy of the DRO Award by 3:30 same day. Retro hit mid July, VA Award Letter, like Aug 1.
It's not unusual for the DRO's Decision, to take up to a yr after a Regular (not informal) DRO Hearing.
Semper Fi

Well for now just wait for the BBE and see what it says.  If the effective date is wrong you are going to have to appeal that.  For now just sit tight and wait.  At least you have the S/C and you can work on the effective date if it is in fact incorrect.  You need to read the decision letter to see how they determined the effective date.  If you had a C&P after they reopened it and that C&P resulted in an effective date other than the original date then you are going to have to fight it out.  Again, just enjoy the win for now and wait for the BBE to see the effective date and why....

When a Vet misses a re-evaluation exam the VA is required by law to reduce the Vets compensation to zero. This is not an option on their part. The letter you received was a due process letter informing you that this adverse action would go into effect in 60 days. Actually the 1st of the month following 60 days.
All you need to do is submit VA Form 21-4138 Statement in Support of Claim stating that you would like the exam re-scheduled and that you promise to keep the appointment. The VA will postpone the adverse action and re-schedule your exam. 
If you have private medical records be sure to include them with the 4138. Those records alone could allow the VA to rate your claim without an exam.

I received my decision last night. 50% PTSD and depressive disorder for a total of 60%. Thank you guys for the encouragement. Now how do I find out what the effective date is? They reopened my case so it should go all the way back to February of 2014 due to my first claim being a fully developed claim. They also added my wife as a dependent which is a good thing. Thank you guys very much!!!

DAV rep from WACO Texas.  I just found out my DRO's name.  My DAV rep spoke to him yesterday and she called me back.  Apparently there is a back log on decisions as well so it can be 6-12 months for a decision from the time of my hearing which was in February 2016.
I have been in MH treatment for years and it's helping me a lot.