ptsd Need Some More Advise Please

[danang_1969]

Ok people, I finally received my PTSD records, that were not used in my 30% claim decision granted for PTSD with a 45 GAF. I also have an IMO from a certified audiologist saying the VA is incorrect in my hearing loss not being form loud noise that occurred many many years ago and that is not all of it. My VSO without talking with me first, sent my form 9, minus the evidence the PTSD GAF score and treatment records I now have, to the RO, to send on to the BVA. The RO has sent me a form asking what kind of hearing I want at the BVA. I want a DRO hearing at the regional level and I haven't had one yet. Is there anyway I can back this claim process up and get the RO to give me a DRO and look at these and new developments in a hearing before they go to the BVA for storing and a long wait. I believe the case is solid now. It could have been earlier if the VA had not stalled and drug there feet on the PTSD doctor reports. All they had to do was look on any VA computer to see them and assured me they would in an iris, but did not. What can I do?

Edited November 20, 2007 by danang_1969

[Berta]

Did you -at some point-get a DRO review request form and fill that out?

You could ask the VARO VSM to CUE the decision (to call a clear and unmistakable error on themselves) and tell them you had requested a DRO review that never occured-

and also send them anything they have not seen yet and ask them to consider it-

"My VSO without talking with me first, sent my form 9, minus the evidence the PTSD GAF score and treatment records I now have, to the RO, to send on to the BVA."

I dont think he had the right to do this-

and obviously the I-9 is not worded correctly if it doesn't refer to the evidence they did not use.

Did you get a VCAA letter and election response notice a few months after filing your claim -and did you send it in with any evidence they requested?

I think you have to get a little aggressive with this VS0-

and with the VARO too-

If you requested a DRO review and did not get it- something is wrong there-

The I-9 should state right on page one exactly what legal errors the RO made in deciding your claim- and then this can be expounded upon in additional pages.

If you tell us what VARO this is I probably have phone and fax numbers for their director and VSMs and will post them here-

Also I believe I suggested going to the VA web site and using the Iris inqiry system-

your email will get right to the VARO-

if you check off Complaint- it goes to the VBA and then to the VARO-

Complaints get more attention then regular inquiries.

I was in the same situation as you are now-last year-

I fought back and now a DRO has my claim.

My POA would not support my medical evidence and it kept disappearing from my C file.

I am not saying this part is the same as yours- but your VSO is supposed to affectively prosecute your claim-

what vet org is this VSO from?

[danang_1969]

Did you -at some point-get a DRO review request form and fill that out?

You could ask the VARO VSM to CUE the decision (to call a clear and unmistakable error on themselves) and tell them you had requested a DRO review that never occurred-

and also send them anything they have not seen yet and ask them to consider it-

"My VSO without talking with me first, sent my form 9, minus the evidence the PTSD GAF score and treatment records I now have, to the RO, to send on to the BVA."

I don't think he had the right to do this-

and obviously the I-9 is not worded correctly if it doesn't refer to the evidence they did not use.

Did you get a VCAA letter and election response notice a few months after filing your claim -and did you send it in with any evidence they requested?

I think you have to get a little aggressive with this VS0-

and with the VARO too-

If you requested a DRO review and did not get it- something is wrong there-

The I-9 should state right on page one exactly what legal errors the RO made in deciding your claim- and then this can be expounded upon in additional pages.

If you tell us what VARO this is I probably have phone and fax numbers for their director and VSMs and will post them here-

Also I believe I suggested going to the VA web site and using the Iris inquiry system-

your email will get right to the VARO-

if you check off Complaint- it goes to the VBA and then to the VARO-

Complaints get more attention then regular inquiries.

I was in the same situation as you are now-last year-

I fought back and now a DRO has my claim.

My POA would not support my medical evidence and it kept disappearing from my C file.

I am not saying this part is the same as yours- but your VSO is supposed to affectively prosecute your claim-

what vet org is this VSO from?

Thanks Bertha,

Some good info you gave. I have never had a DRO to my knowledge and never had a hearing of any kind being present or video. I reopened a claim in July 0f 06. Got a denial decision on all counts in May of 07. Filed a NOD with De Nova in May when I recognized there mistakes. Awarded 30% in Sept 07 on PTSD, denied on all others. During and since those decisions, I have a had IMO on hearing that says the VA was wrong on the hearing loss. PTSD treatment records they have deprived me from having even though I submitted FOIA to the ROI center with the appropriate form 45 days ago. Every week they say, you should get them next week. I was assured in an iris by RO all my PTSD treatment records evidence would be considered. Later got a letter we don't find any records by DR._____ in your file. No, she didn't, because I could get them and all they had to do was punch them up on the VA system to view them.

I sent a 21 page fax to my VSO today with a 18 pages PTSD report and records of my PTSD condition and a 45 GAF. Also have an IMO from a certified audiologist saying my hearing definately was a result of acoustical trauma which the VA denied and stated so on the denial that. I requested the VSO to ask the RO at the a regional level, a reconsideration of this evidence. I requested on the grounds of being assured of by the RO that it was being considered and it was not and there is strong probablity that the hearing records they looked at were not mine. I requested this before my claim goes going to the BVA level. I have an iris printed from the RO stating my hearing test was on the April 30, 2007 and it was not, it was on April 27, 2007. I have all this printed and documented. I have a iris printed saying all my PTSD records would be considered and it was not. Thanks Bertha for the info and advice I will keep you informed. I am sending this fax on all this to my congressman as well.

Danang_1969

[Berta]

Good- for asking for a reconsideration-

I sure hope the VSO supports this-if not you can file it yourself - Just put Request For Reconsideration right at top of letter and tell them how you told us-why the decision is wrong-

and I know how utterly frustrating it is when the VA fails to consider our evidence properly -the very thing they are paid to do