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]

I wonder how the rep you have would consider this suggestion-

Could the claim be amended to state that your PTSD is secondary to and/or aggravated by your documented pre -existing condition of depression.

Such as -

"This claim is amended and re chacterized as a claim for service connected of depression, a pre-existing condition ,that was aggravated by events during the veteran's military service and has caused additional secondary and diagnosed PTSD."

I think the PTSD diagnosis locked you in-

VA will compensate any and all mental conditions under one rating-

but depression is different from PTSD-

please feel free to copy my suggestion here and ask your rep to consider-if you feel he /she might be interested in that approach-

I saw a few claims at the BVA and I wanted to scream-

the veteran had honed into requesting SC for the wrong type of disability.

When a veteran claims a specific disability such as PTSD or whatever-

the focus of VA is solely on the disability they claimed.

If the vet was misdiagnosed -it gets even worse-

I worry about all of you new vets-

a vet could have residuals from TBI- and yet they could have a PD diagnosis and even claim PD due to service of they dont get good rep advise-

that PD claim would go down the toilet fast when the reality is they might have TBI and maybe the VA doesnt even know that yet-as TBI is difficult to diagnose sometimes-

The VA has recently spent Millions for better state of the art equipment to fully evaluate TBI in veterans- and are proposing new regs for better comp rates-Thank God-

I just dont want to see you locked into the PTSD if there is better chance on the potential claim of aggravation of pre existing condition.

Berta,

I will pass this information along to my rep on Tuesday, in the mean time I took the day off to gather evidence that clearly shows that I was indeed in combat situations. My question to you is there a difference between a reconsideration and an appeal. The reason I ask is that I have already gathered so much evidence of combat situations that I was invloved in to include actual pictures and articles of the events that I already feel confident that if I sent this documentation along with my buddy statements they would reconsider immediately. Is there a difference, or do I have just the appeal option?

OIF 03

[OIF 03]

Actually, I think it would be a good idea to notify the VARO that you are filing the claim based on your current diagnosis and you do not want PTSD considered thereby bypassing some of the inflexible roadblocks the VA has put up to deny PTSD Veterans.

I have told this time and time again but even combat Veterans have a hard time with PTSD. Not saying that you don't have PTSD but in my experience almost all who have PTSD have some form of Depression which is a much easier go at the VA.

I know that this is my opinion but it is backed up by experience.

Pete,

The only thing that concerns me is that my current diagnosis is from PTSD subtantiated by my C@P exam.

[cowgirl]

OIF, Pete's making a true statement, vso guided me to apply for ptsd and I did so without a valid diagnosis in hand. So it was a fruitless effort of time and money for va as well as me. After finding hadit and discussing it alot, After studying my Cfile as suggested, I refined my approach with a valid diagnosis, mdd (ptsd w/mst as one of the triggers). I got my rating, now a request foir increase is in works. The best to ya, cg

Actually, I think it would be a good idea to notify the VARO that you are filing the claim based on your current diagnosis and you do not want PTSD considered thereby bypassing some of the inflexible roadblocks the VA has put up to deny PTSD Veterans.

I have told this time and time again but even combat Veterans have a hard time with PTSD. Not saying that you don't have PTSD but in my experience almost all who have PTSD have some form of Depression which is a much easier go at the VA.

I know that this is my opinion but it is backed up by experience.

Edited January 17, 2008 by cowgirl

[Hoppy]

Berta and others

I approached the VA psychiatrists with the possibility that I had two concurrent conditions. I had an anxiety disorder that pre-dated service and PTSD due to a life threatening aggravated assault that occurred while I was sleeping in a barracks. I asked them in either diagnostic category the fact that what ever condition I had can it be ruled out that my condition was not aggravated by events in the military.

Since I was discharged for a bogus diagnosis of PD and had three very detailed consults with psychiatrists and several other notations in my SMR by dispensary doctors of anxiety and sleep disruption that occurred ongoing for a year the doctors were of the opinion after review of my military medical records and personnel file that I met the DSM requirements for both conditions while serving in the armed forces. Additionally, they were of the opinion that my experiences in the military including the assault and breathing difficulty caused by the angioedema clearly aggravated any pre service anxiety disorder.

My claim is much different than OIf’s. The RO is claiming that he finished his active duty with no noted claim of psychiatric symptoms and had no treatment records for a psychiatric condition while in service. If this is true then all he has is pre-service and post service treatment. What evidence would the RO be able to use to establish in service aggravation? They have already thrown out post service reports that were based on subjective recollections of in-service occurrences. There is a potential for personnel file indications of poor performance and other notations. What does the personnel file say?

I definitely would not throw out the PTSD option in his case. Both angels can be worked at the same time.

[Pete53]

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

Since the VA does not consider you a combat Vet it makes getting PTSD even harder. Your recourse is to find a specific stressor that can be documented by the VA. In pother words if there is no offical report with your name that points to a stressor or something that is verifiable that it happened to you its unlikely the VA will grant PTSD as Service Connected.

Since the VA has admitted that you had depression before you went to Iraq you are actually in like Flynn. All you need to do is to get a Doc to link that Depression aggravated by your service in Iraq and a current diagnosis of depression and they have to give it to you.

I am not trying to tell you what to do all I want is for you to consider it and than make your decision.

[Berta]

OIF asked:

"My question to you is there a difference between a reconsideration and an appeal"

A reconsideration can generate a faster and better decision in some cases- than a traditional NOD-

here in NY the Buffalo VARO doesnt even get to read a NOD for at least a year-they are color coded and tagged so they know ehen that year has passed. <_<

I have a Recon request that did get attention right away when I filed it-they denied and I totally knocked down the denial- it is set for DRO review-but they say it is being handled with my AO death claim-and with a DRO now-

that is good because it becomes a Nehmer claim,after the main claim is resolved-

BUT- nothing stops the NOD time frame-

you only have a year after the decision to file a formal NOD-whether you filed Recon request or not-

in my case the VA was still F-rting around on my recon request but I had marked my calender for when the NOD year was up-June 2007-

I managed to file the formal NOD days before that deadline but luckily-

2 days after the New Attorney for vet regs began.

B)

I have been too busy to talk to an attorney yet- my private lawyer said months ago he might be able to help with it-he is disabled combat Vet Vietnam-

hoping he will have some time eventually to help with VA claims-

He isnt prepared to take the VA attorney test yet to get accreditted.

You need the support for your rep on this but I think he would support the Reconsideration Request-

just mark your calendar for the NOD deadline.

Edited January 20, 2008 by Berta