ptsd Wrong Envelope!

[OIF 03]

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

[OIF 03]

OIF:

Don't beat yourself up. What has happened to you has happened to a lot of us who started our claims with good intentions and honesty trying to do it the right way. You have learned as did a lot of others that the VA is not your friend and that they do not help they try to roadblock claims.

After you have a chance to cool down start your claim. I am not so sure that you should not refill the sheet as corrected but use all the information including dates that was ok. I would resubmit and ask the DRO to reconsider using corrected information and anything else you have to support your claim.

Good Luck

Pete,

Thanks for the response. My question to you is should I wait to send an official NOD letter and then send any additional evidence I have after, or should I wait to compile everything first and then send the NOD letter at the same time?

OIF 03

[OIF 03]

1. I failed to check off the box that said that I had physcological problems when we first came back. What type of idiotic box are they talking about? I would say yep you are right you idiot. I did not check it off because I did not have them then but I do now and have had since XXXXXX.

2. I was previously treated for depression prior to ever going over to Iraq. Yes Mr. idiot I was depressed cause I was away from my family; girl friend left me; or my cat died. However, you idiot, both the VA and my private doc say that since XXXXX until now I have and continue to suffer from PTSD.

3. My accounts of my combat were vague according to them and they can't be substantiated. Think out the situation. Re-write your stressors in a logical and artictulate manner. They must be robust and emcompass the situation as though it is happening at the time the rater is reading them. But keep in mind the person on the other end only understands at about the 3rd grade level. Make sure you include the exact unit of assignment, any mission names etc.... Get letters from the buddies you spoke of. In their letters they should describe the incidents in the same manner as you have and include the fact that you were there along side them. If these same stressors were the reason for their approved VA claims I would ask that they say something to the effect of I am a XXX percent PTSD disabled veteran based upon these incidents

4. I never received any combat action badges thus I was never in combat. Combat - no combat - does not make any difference. PTSD does not require combat. It only requires specific stressors that the doc says is causing your current PTSD.

Overall recommendation is that you seek and find you a good service officer. Wait a little bit before you submit your NOD. You have one year from the date of the rating to file the NOD so don't rush it. Sit back, smoke, joke and develop your claim with the evidence needed to succeed. Don't worry about what some idiot rater may think. Your service to this country is one of the most valuable and rewarding things that you will ever do in you lifetime. No matter the period, war or peace, your service to this country is supported and appreciated by millions upon millions of people. Hang in there and stick around on Hadit for there will be tons of great advice given to you which you can use to develop you claim before submitting your NOD. Welcome home and welcome to Hadit.

Ricky,

Thanks for your response, all the questions you addressed is exactly how I feel about each one. My only worry about finding a good VSO rep is what makes a good VSO rep? They all seem so extremely overwhelmed and overworked. I am meeting with one today at noon so I will see what happens.

Thanks,

OIF 03

[Berta]

"The ironic part is that some of the same soldiers that were next to me when the bullets were flying have been compensated"

Your unit probably has a web site and Looking for section or a reunion list-or you could google their names in the online phone directories-

Could you contact them for Buddy statements- eye witness accounts of the same stressors you experienced?

The VA will want to see their MOS and actual duties that put them there at the same time you were there- at time of the stressor.

They should detail the events and describe that you were there too- I always suggest they get the statement notarized-and if they feel comfortable- to give the VA their own c file number or tell the VA they are compensated too for this same event.

I helped a vet get some buddy statements- many years after Vietnam- it took time to find these guys- two of them had PTSD SC from the same stressor and one of the vets gave VA the whole story and his C file number-and told them he too had SC PTSD from the same thing.

The vet I helped succeeded in his PTSD claim.

"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"

Does VA have the records from this private doctor?

Would the private doctor be willing to give you an independent medical opinion? There is a specific criteria he must follow for that-available here under the search feature.

PTSD, anxiety and depression claims often need more than a diagnosis-

they need proof of the stressors or events that caused the present disability-

that is the "nexus" that the VA needs.

With enough details of the events, time and place etc, and also with buddy statements-then the VA can verified

that the events happened and that you were there.

You feel right now like many of us here have felt at some point or the other with our VA claims-

I feel sometimes- dont they believe me-and worse yet dont they believe my medical evidence?

But the reality is the VA must document their rationale for any SC award by a proven stressor and medical evidence.

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

While in the Military?

or before enlistment-

I am not the expert here on pre-existing conditions- this could possibly be a basis for SC due to aggravation of pre-existing condition---

others will know better then me on that potential-

[OIF 03]

"The ironic part is that some of the same soldiers that were next to me when the bullets were flying have been compensated"

Your unit probably has a web site and Looking for section or a reunion list-or you could google their names in the online phone directories-

Could you contact them for Buddy statements- eye witness accounts of the same stressors you experienced?

The VA will want to see their MOS and actual duties that put them there at the same time you were there- at time of the stressor.

They should detail the events and describe that you were there too- I always suggest they get the statement notarized-and if they feel comfortable- to give the VA their own c file number or tell the VA they are compensated too for this same event.

I helped a vet get some buddy statements- many years after Vietnam- it took time to find these guys- two of them had PTSD SC from the same stressor and one of the vets gave VA the whole story and his C file number-and told them he too had SC PTSD from the same thing.

The vet I helped succeeded in his PTSD claim.

"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"

Does VA have the records from this private doctor?

Would the private doctor be willing to give you an independent medical opinion? There is a specific criteria he must follow for that-available here under the search feature.

PTSD, anxiety and depression claims often need more than a diagnosis-

they need proof of the stressors or events that caused the present disability-

that is the "nexus" that the VA needs.

With enough details of the events, time and place etc, and also with buddy statements-then the VA can verified

that the events happened and that you were there.

You feel right now like many of us here have felt at some point or the other with our VA claims-

I feel sometimes- dont they believe me-and worse yet dont they believe my medical evidence?

But the reality is the VA must document their rationale for any SC award by a proven stressor and medical evidence.

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

While in the Military?

or before enlistment-

I am not the expert here on pre-existing conditions- this could possibly be a basis for SC due to aggravation of pre-existing condition---

others will know better then me on that potential-

Berta,

My situation is unique because I served in the National Guard which means that all the soldiers I served with and fought with still live in the very state that I do and I am in constant contact with most of them so buddy statements should be no problem at all. As far as my private physician that I saw on and off before my deployment for depression and after for PTSD I sent all his case notes to the VA and they deny ever getting them, but mention in the body of there denial that they do have record of me going to a medical group named CHBA which is the very group that my doctor works for!! I realize that my claim was a little weak on details because I thought that where I was (Baghdad), and when was enough because other fellow soldiers told me that was all they had to say. I will now gather everything I need to win this thing.

Thanks,

OIF 03

[Berta]

Thanks- I forgot you were in the Guard and can get buddy statements maybe a lot easier than most vets can-

"As far as my private physician that I saw on and off before my deployment for depression and after for PTSD I sent all his case notes to the VA and they deny ever getting them, but mention in the body of there denial that they do have record of me going to a medical group named CHBA which is the very group that my doctor works for!"

You can use this in your NOD response-

the VA is supposed to-per all established VA case law- to consider your evidence- not give a mere listing of what they got-they are to refer to it in the narrative of the case and tell you why it was not probative to your claim. 38 CFR 4.3 and 4.6- also if they say they did NOT get something you sent-make sure they get it again- certified, in person or by priority with a tracking slip-

then you can ask them via email at the VA contact Us button at the VA web site to confirm via letter or email that they got it (or still dont have it)

I dont suggest asking for the phone call response to the inquiry because there is no hard copy proof by phone and they can say anything at all.

Veteran- my daughter was in the Mil for 7 years and she sent in her Chapter 35 educational app, with a copy of her award letter, and a copy of her DD 214-

She was almost 26-the cut off date for CHap 35 educational benefits- but the regs clearly state that military time is added to the limiting Chap 35 dage cut off date.

Three weeks later the VA educational Dept (I dealt with them too and this is an oxymorron sometimes)

awarded her ONE month (until her birthday) of CHap 35-

She was cursing like a trooper when she called me from DC -so I prepared a scathing NOD, with all she had sent them before but I added a copy of the actual regs and she signed it in DC, mailed it, and got within 3 more weeks-

her Entitlement certifcate for 7 years Chap 35 and they even sent AMU a copy of it too.And I welcomed my daughter to my World- the blankity blank Veterans Administration-

they are so screwed up it isnt funny and most of us here know Exactly how you feel-

You need a good vet rep-they might want to prepare a reconsideration request for you-

I am sorry that the sytem is like this-it is a National Disgrace.

[Hoppy]

OIF 03,

This post has really built up. Several things I want to mention. You claim you sent the records regarding the depression that occured prior to deployment to the VA. It is important that the doctors who diagnosed the PTSD to have read those reports for the depression prior to deployment. They should note in their report that they read that report and that your current condition is PTSD caused by a stressor that occured while serving in Iraq.

If the doctors who made the diagnosis of PTSD did not read the reports from the depression prior to deployment the VA could concievably consider the reports for the PTSD diagnosis as inadaquate for adjudication because the doctors did not base their opinion on the entire medical record. I would not expect the RO to forward the reports to the doctor who made the PTSD diagnosis for clarification. The RO did not do this for me.

When they write the denials they use short close out statements such as "did not check box" or that you were treated for depression "prior to deployment". They do this so as not to tip you off as to what you have to do to strengthen your claim. Since they claim to be non adversarial they should clearly explain that they could not use the reports because they were not based on the entire record and that you need to get aa new diagnosis. But they do not always do this.

When they denied me they just said that the doctor who wrote my report did not read another report indicating my disease was the result of post service employment. No such report existed. Had the report existed I was smart enough to figure out that all I needed to do was get that report. Take it back to the doctor who wrote the favorable report for me and ask him if this would change the favorable report he wrote for me. I was surprised that in a non adversarial system that requires the RO to develop claims fully that the RO did not send the report that they thought indicated the condition was the result of post service employment and seek a clarification from the doctor who wrote the favorable report (who was a VA doctor) as to whether or not it would change his opinion. But no, they denied the claim with no further development. After I proved to them no report existed that said the condition I sought to service connect was the result of post service employment they did infact service connect me.

Long story short, if they continue to deny the PTSD after you establish the combat stressor, consider that they have found fault with the medical evidence and make the medical evidence stronger. You need to get reports from doctor to do this trying to get logical and reason with them does not always work.

Case in point. When I was denied they said I was not treated in the military for angioedema. The symptoms I had in the military were identical to the symptoms I had post service. While inservice they called the condition "allergic edema". After discharge I had about 25 consults from ER's at VA hospitals. Half of the doctors called it "allergic edema" and half called it "angioedema". I filed for angioedema and was denied becuase they said I was not treated in the military for angioedema.

I sent them several reports with the same symptoms called angioedema as several reports with the same symptom called allergic edema. I got the ICD 9 codes for both conditions and they were identical. I sent a statement in support of the claim at that time explaining that the two disease were the same. I posted my strategy here on hadit about 10 years ago. Clark Evans told me it would not work and I needed to get a doctor to review all the records and write a report that the condition I have today is the same as the condition I had in the military. Due to the fact that the RO ignored my requests for a C&P to resolve the diagnsois issue and the fact that I had no money and several VA doctors refused to get involved, it took me 5 years to a letter as Clark had recommended. In that five year period my logical argument citing records and the ICD 9 did nothing to advance my claim.