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bc0311

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About bc0311

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  1. Right, I'm still waiting on their decision. I gave them about 25 pieces of evidence to go along with my 8 stressors, so I at least have a better chance now I think. My question about CUE remains, for the moment, hypothetical. I just need to prepare for it. As far as whether they looked at the evidence in 2012, they KIND of did. What I mean is, I told them that those documented symptoms may have been related to the IED blast ( I had no idea). So that's how the examiner interpreted it, as possible TBI. The only reference to my files from Afghanistan, in the initial C&P, are that she recorded that I said they may have been related to the IED blast. However, I think a reasonable person, having looked at that evidence, could deduce nothing other than that they were symptoms consistent with PTSD. The Doctors even wrote that. I was bedridden in the hospital for two weeks and they gave me a foot of paperwork documenting how I had no physical illnesses whatsoever, and that their decision was purely that I was suffering from severe combat stress, and their recommendation was to never go on missions again. That's all documented in my record. It would appear the examiner or rater did not look at this evidence. Had they done so, more of the criteria would have been checked off for PTSD, and undoubtedly been service connected with at least 0%. At the very least. All the explanations of CUE that I have read about online for the last few months is that they need to have overlooked material / medical evidence connecting your disability to service. It appears to me that they did this.... So hypothetically speaking, if they SC me now, I need to know if what I have is enough to file a CUE on the original denial.
  2. But is what I mentioned grounds for a CUE? That they missed all of my evidence from my hospital visit?
  3. Yes I have a CAR, with plenty of citations to boot. I gave them every record with my name on it, plus a few gigabytes of pictures. My stressors were not a point of contention. They are fully aware of the breadth of combat that I experienced. My issue now is it appears they overlooked about 2 feet of paperwork from Bagram hospital Afghanistan which show I was admitted, for two weeks, and my symptoms were consistent with none other than combat stress. The examiner appears to have completely ignored not only that, but everything i said about my symptoms. My notes from that C&P are almost completely blank save for my stressors. Does this not constitute an error?
  4. Sorry to keep bugging you guys, I just wanted to run something by you as I think I found more evidence that might help with repeal or even a CUE for PTSD. As I mentioned a week or so ago, I was involved in an IED incident which blew up my vehicle. I was hospitalized for this event, however because of lack of support at the time, they couldn't conclude any TBI. The thing is that the Drs at the time instead told me that my symptoms were all due to stress. There was never any official diagnosis of TBI or PTSD, however I have several dozen records showing that Dr's observed stress symptoms since before I was discharged. Does any of this help in appealing for an effective date as the end of my service, like my first claim? Or do they need an official diagnosis of the disorder? I need to know before I start the process. Of course, that's if they even SC me now anyway... Edit: I have all my records coming in the mail, but for now this is what I found in my files. It shows that the Drs who exam'd me in Afghanistan could find no cause for my heart issues and passing out beyond stress. I'm assuming there will be more in my records, but what do you think of this?
  5. Hey guys Just an update... So I had my new C&P exam yesterday. It went kind of like the old one did. I gave them all my stressors and other evidence but I feel like the examiner asked a lot of tricky questions to avoid my symptoms...Such as, talking about my girlfriend and how that's evidence I'm fine with people, when in reality my anxiety in crowds and avoidance of communication has been severely detrimental to my life and work. I did my best in being forward and honest, but I remember now the VA is going to work against you, and not in your favor. I didn't leave the office feeling like they had a solid case for me. The woman was actually kind of condescending and ignored much of what I said. I also don't have much evidence to support PTSD beyond my records and my symptoms. I had seen a therapist a couple times but stopped, and that's it. They were looking for DUI's and hospitalizations. I don't know if there's much hope for my claim anymore. I can't file a CUE and I don't really have anything new for an appeal. I guess I'll just wait to hear the decision.
  6. I'm sorry I just don't have those letters. I've moved around a lot and hate hoarding so I probably recycled them. My intention was to take what they gave me and go live my life. I didn't really keep much. I'm surprised I even have SOME of the stuff in a file. But now that I feel I've lived too long with PTSD, I wanted to re-open it. What I've posted is literally everything I have right now. The original C&P noted zero past or other trauma besides combat. I think she just didn't believe I had PTSD, even though she checked off that it meets the criteria like 8 times. Is there a way to request the VA to send me the same letters from 2012?
  7. Thank you again Berta and Buck for the helpful responses. It really helps me understand as a novice... So what I gather from what you're saying is that because the examiner did not at the time diagnose me with PTSD originally, "not service connected" is the correct, default justification for denying my claim completely. Even though all logic and reason would tell us that obviously combat PTSD is service connected, that's not literal legal language, it's just their way of saying "you get nothing." Based on what you're saying, now I don't think I have any grounds for a CUE at all... I did not get any diagnosis from anyone for PTSD at any time. I just know I'm severely affected by it. I don't need to be a psychiatrist to simply read the questions again and realize they are nearly all applicable. But there's no concrete evidence from 2012 to prove that. What evidence I gave the Dr at the time was just my relayed experiences, to which she said is definitely supportive of PTSD, but did not check the box, for whatever reason. So my only argument is on a difference of opinion of what I was dealing with. As I understand the CUE, this isn't grounds for one... You may have won CUEs on all your cases, but you probably had concrete evidence from your original C&P. I'm not sure I have any. Right now I've met up with some local vet groups who deal with this stuff and I've been assigned an attorney to help, so hopefully they can straighten my stuff out. Thank you all again.
  8. I am completely deaf in one ear and they still don’t care. What are you fairly sure is a typo? The SC for PTSD? Is that not an error?
  9. I was just using hearing as an example, I don’t currently care about it. They gave me 0% for a service connected disability that wasn’t a disability. For PTSD that was blatantly obvious they called it combat ptsd not related to military service. Is this grounds for CUE or no?
  10. I'm sorry but I don't understand what all the acronyms mean. DEM 5 DX...what? Opine nexus? Huh? So after a lot of digging I'm learning that a CUE is basically impossible. Like 99.99% of them fail. I think I have enough material for a new rating starting now. I guess I'm just wondering if you think it would be possible to CUE them on the fact that they decided this wasn't service connected at all. I used my hearing loss as an example. They gave me 0% but SC even though it didn't have bi-lateral hearing loss. Yet, the psychiatrist noted plenty of in-service stressors and a few symptoms yet still denied it was service connected. Would a reasonable mind not be able to tell this is an error? Should I even bother?
  11. Not sure what that means. I imagine the examiners rationale was based on a binary questionnaire. Is that not kind of full proof? What I find confusing is that I have 0% for bilateral hearing loss that's service connected. I'm deaf in one ear, but I'd need both ears for a rating. Why does that have a rating, even though it was not found to be a disability, and yet PTSD I have obvious criteria which she marked down, and yet that's not service connected. That doesn't make sense to me. Is that not grounds for a CUE?
  12. So guys, some new issues.. I got my records from the VA today. I posted the relevant pieces from the aforementioned meeting. There's a picture of two of the several major stressors I explained, each one meeting the criteria for PTSD, as she noted. Then, the only other information shows that although I meet the criteria, her justification is that I don't have SC PTSD. There is no mention of any of my symptoms and they never followed up and asked me for additional evidence from further assessments. I think this is BS, however... this is probably built in deniability for the VA correct? Now they can just say their opinion was that I don't have PTSD because of her opinion? So a CUE would not work here?
  13. Thanks for all the help everyone. Based on what I've learned here from you all, I've requested my records and will begin getting things together to re-open the claim. If I succeed in getting the claim SC, I will file a CUE because they certainly made an error from the beginning. I'll start researching the best way to do that. Thanks again!
  14. Let me better explain what I'm saying.. My PTSD is most certainly "service connected." That may not have been the VA's decision, but as I just explained, I did not get PTSD from anything else other than two combat deployments. I have a truckload of evidence to prove this, from medical records to pictures to witness statements. It should be very obvious that the VA made an error by stating this was not service connected. I went in there, told the lady my problems, wrote down what I experienced and walked out. I've never had some other traumatic experience outside of the service. It's pretty cut and dry. I suffer from PTSD related to my service. So back to my original question... If I re-open my original claim and submit all of my evidence, will this prove they made an error, and if so, am I entitled to actual compensation and possibly backpay?
  15. I don't know how else to explain it. In 2012 I claimed PTSD, went to a screening for disability, which I guess is C&P, and told them my issues and gave them my evidence. They told me it wasn't service connected. That's ridiculous and impossible. I didn't get PTSD from a tire blow out. I did two combat tours during the bloodiest months of the war. I have seen the worst OEF had to offer. I've been blown up twice and shot at several hundred times. I saw death every week. It has severely affected me and my family. It said 0% in my original letters, I promise you. I can still picture it in my head because of how astonished I was. I can no longer find those letters, but I did request my records from the VA. Does anyone have any advice for me regarding my questions?
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