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OIF 03

Question

I made a post in sucess stories, (3)which was a mistake because I only meant to post once, anyway another member suggested that I post here to get a better response from some of you elders out there. I was denied all three of my claims today and I am devastated. PTSD, Back, and Tinitus. I am a Iraq vet that was in Baghdad from 03 to 04 when all the poop was starting to hit the fan. I have obviously learned from this site that my first recourse is NOD which I will file tommorow. The specifics of my claim are on the success stories site but I will write them hear so I can reach as many people as possible. My PTSD was denied for these reasons

1. I failed to check off the box that said that I had physcological problems when we first came back.

2. I was previously treated for depression prior to ever going over to Iraq

3. My accounts of my combat were vague according to them and they can't be substantiated

4. I never received any combat action badges thus I was never in combat.

The ironic part is that some of the same soldiers that were next to me when the bullets were flying have been compensated, and the VA doctor that examined me diagnosed me with PTSD along with a private doctor that I have been seeing on and off since my return!!! I am very confused and hurt by there decision because it makes what I went through come into question and I can't have that. Any help in how I should attack my appeal would be greatly appreciated. OIF 03

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  • HadIt.com Elder

OIF 03

I am sure you will hear from some PTSD vets here on hadit. My thoughts are that the previous depression and the fact that you did not check a box will be easy to dispute. You have a diagnosis from multiple doctors. If it were me I would take the decision to a doctor who diagnosed you with PTSD and have him write an opinion that only an idiot would try to rebut his diagnosis by saying that you did not check a box. Also the previous depression has nothing to do with his current diagnosis of PTSD.

Those comments about depression and not checking a box on a decision are idiotic if you ask me and the doctors who helped me win my claim were more than glad to let the raters who said my condition was the result of post service employment know they were making wild guesses about a medical condition they knew nothing about. I was diagnosed in the service with a condition that had no known cure and the raters decided that the condition started after my discharge.

The biggest problem is establishing the combat stressor. Some of the PTSD vets can help you better on this than me. It sounds like a problem that can be dealt with in your favor.

Edited by Hoppy
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  • HadIt.com Elder

You have a year to NOD this...don't get in a huge rush. Gather your evidence in an orderly fashion and then let them have it. Figure out exactly what went wrong in the claim, then find the information/diagnoses from the docs to refute it. As far as the PTSD goes, you need to get some "buddy" letters if you haven't already. Get in contact with some of your squad members and have them write something for you. Then get it notarized and send it in with your NOD. This is nothing more than a lesson in how to fight and win against the VA...DO NOT BE DEVASTED....be pissed! That's when you will start to win!

Good luck!

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I apreciate the post and I will feel sorry for myself for until I wake up tommorow morning and then I will get pissed and attack!! I will take my time and get it right this time but will at least file my NOD immediately and then gather the information that I need. Thanks for replying!

OIF 03

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I'm not sure who or where you would get them, or if you could. but I would and someone help me out, get any action reports for that day in the area where you say the bullets were flying. If one of those who where next to you are now SC for PTSD, then they would be your best buddy statement, saying you where their along with him and others. Another thought, did you write home about any of these incounters. If so, did the person you wrote to, keep the letters or could attest to what you wrote. Might help, maybe even a little. Know anyone who took pictures, just a thought? You might even see if their were any News stories about that day and which company/squads were involved. Anything that shows you were their when it happened.

You may not want to read this one. Did any close friends in your squad get seriesly injured or killed during these insodinces?

Rockhound :)

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I'm not sure who or where you would get them, or if you could. but I would and someone help me out, get any action reports for that day in the area where you say the bullets were flying. If one of those who where next to you are now SC for PTSD, then they would be your best buddy statement, saying you where their along with him and others. Another thought, did you write home about any of these incounters. If so, did the person you wrote to, keep the letters or could attest to what you wrote. Might help, maybe even a little. Know anyone who took pictures, just a thought? You might even see if their were any News stories about that day and which company/squads were involved. Anything that shows you were their when it happened.

You may not want to read this one. Did any close friends in your squad get seriesly injured or killed during these insodinces?

Rockhound :)

The answer is yes to all of your questions. I did have buddies that were seriously injured and I actually have a newspaper article and a picture that was posted nationally involving a riot where we came under fire from insurgents over lack of pay to ex iraqi army soldiers. I also was in the sreets when Sadaam was captured and came under fire trying to get back to our Fob safely, so yes I can document all these things. My question is should I get the media involved??? What do you think because I am getting pissed the more I think about the decision today. Thanks, OIF
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OIF 03

I am sure you will hear from some PTSD vets here on hadit. My thoughts are that the previous depression and the fact that you did not check a box will be easy to dispute. You have a diagnosis from multiple doctors. If it were me I would take the decision to a doctor who diagnosed you with PTSD and have him write an opinion that only an idiot would try to rebut his diagnosis by saying that you did not check a box. Also the previous depression has nothing to do with his current diagnosis of PTSD.

Those comments about depression and not checking a box on a decision are idiotic if you ask me and the doctors who helped me win my claim were more than glad to let the raters who said my condition was the result of post service employment know they were making wild guesses about a medical condition they knew nothing about. I was diagnosed in the service with a condition that had no known cure and the raters decided that the condition started after my discharge.

The biggest problem is establishing the combat stressor. Some of the PTSD vets can help you better on this than me. It sounds like a problem that can be dealt with in your favor.

Thanks for your post and I will welcome any advice to win this thing. OIF 03

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