ptsd Dro Review

[tagandbag]

I opted for the DRO review on my NOD for the PTSD rating they awarded me. Do not have a date as of yet, when this will be. I'm a little nervous about this and wondering if there are any tips or info on how to prepare for this.

[john999]

Ask for a personal hearing with the DRO.

[carlie]

tagandbag,

Welcome. If you just ask for a review that's what you will get.

A DRO will just review everything and make a decision, there is nothing to prepare for because the issues were addressed in your NOD, (although you can submit additional evidence to the DRO).

Now just like John posted, if you ask for a Hearing with the DRO, then you will get a date for it and have a face to face Hearing with the DRO where you can present your claim and show the DRO why you feel XXX should be awarded.

It's considered another bite at the apple while staying at your local VARO.

If you want a face to face Hearing you have to request a DRO Hearing as you can see the difference in a Hearing v a Review.

jmho,

carlie

Edited August 16, 2008 by carlie (see edit history)

[tagandbag]

yes! that is exactly what I requested. To make sure, I e-mailed St Pete and they immediatley called me on the phone and said that is exactly what I will get. Pretty quick response. So i guess, the best thing to prepare for this is to simply have all my ducks in a row.

[carlie]

tagandbag,

Do you have a list and copies of ALL the evidence that VA is supposed

to have considered in their decision?

Do you have Medical Evidence that you feel was not considered in the decision you

have disagreed with?

Do you have some additional evidence to present at the DRO Hearing?

Do you know and agree with ALL of the Issues the DRO is going to take under consideration ?

By Issue's and there can be many I mean.

1) The disability is service connected or was Denied.

2) The percentage granted for each SC'd Disability, do you agree with the percentage

or feel the Medical Evidence of record show it show be granted at a higher percentage.

3) The Effective Date of the grant.

etc...

Compare their Decision, the EVIDENCE & REASONS & BASES Sections to what you have,

this is a good way to make your plan of action for your claim.

These and probably more are things to prepare for to present at your DRO Hearing.

Also, I would choose to take someone with me, hopefully someone that is willing to provide testimony under oath as to how your disabilities affect your daily living.

jmho,

carlie

[tagandbag]

Yes Carlie, I have every scrap of paper and evidence I submitted on my original claim and additional letters sent when I filed my Nod. My feelings are they overlooked the stressors on evidence that I submitted originally in the claim. At my C-P there was not any mention of the stressors I claimed. They came up with the rating with there own detemination of my stressors, that I agree is true, but not the only one. They ignored the stressor that I was very specific about, not one word of reference to it. Therefore I believe they did not thoroughly review the evidence or my file. I am definitley prepared for that and probably additional statements submitted by others.

[john999]

Since this whole thing will take time you might want to make an appointment to go and look at your C-File to see what is in it. I caught the VA just in time to stop them from shipping my claim off to the BVA when I was asking for a DRO. They had somehow got it into their minds I wanted a BVA hearing. You really need to verify every thing the VA tells you they are going to do.

[mobie16r]

Tagandbag,the VA definite taken your in-service stressor under consideration,you see a in-service stressor is one of the the three things that it take to get service connected for Post-traumatic stress disorder, not a higher rating.To get a higher rating,your condition need to worsen,if you thank that va didn't give you a rating compare to your condition,this is what i would do (remember i am saying what i would do)i would submit a form 21-4138 and ask va to reconsider my claim and i would get in some kind of ptsd program for counseling and i probably get some counseling by a private psychiatrist of clincal psychologist.when you ask for a reconsideration,your claim will be send back to the same rater and it is faster than a NOD,but if va haven't act on your claim withthan the one year,period you will still have to file a NOD to preserve your original date claim was filed and also that is some good information what Carlie is giving.

Good LUCK mobie16r

[tagandbag]

Mobie16r, I have submitted 3 additional, 21-4138 in support of my claim, with my nod. Also I am enrolled in PTSD group, that was after I was SCed, for 30%. I had been trying to get into the PCT clinic for a year, right about when I filed my original claim. But during that time I was bounced from intern to intern, (student pshyc') and unfortunately I think my request for PCT group, got lost in the shuffle. Also have IMO's From the private sector. So paper wise, I think I am prepared. Like john999 said, I should make an appointment to look at my C-file. Been putting that off because of 4 hour drive and the cost of gas. My concern is that they rated me with out taking all the evidence into consideration and I really need to see my C-file, anyways. I did request a DRO personal hearing. Have no idea when I will get a date on that. But thats allright , it'll give me more time to mentally prepare... :D

[Pete53]

Are you working? If not have you applied for Social Security Disability?

Good Luck

[tagandbag]

Pete53, no I am not working. I filed for ssd in June with Allsup. I didnt want to go ssd alone. I feel ssd, sees that your are upright on one or two appendages and with any cognitive thought process, they deny you. I may be wrong, but I'll gladly part with a percentage to Allsup, for no additional stress.

[Berta]

Gee your handle alone makes me think you sure exhibited profound stressors-

Did the VA send your stressor info to the JSRRC?

Was it JSRRC that said their was not sufficient info or something and they could not confirm?

I know VA makes many vets go through a rigamorale on detailed stressor info but this can protect a vet in the long run-

I just got email re the famous Keith Roberts case from his lawyer and also something from anoteher lawyer abpout it-

havent had time to read yet----

Keith Roberts was found by VA to have given them a stressor that they said was not supported at all by the evidence-there is much to this case-but Roberts was incarcerated because a US attorney found him guilty of mail fraud-he has been in jail for this and also is trying to get his VA comp restored-

this is a highly unusual case and the lawyer someday will be my guest at SVR radio to discuss it all-

I dont think this happens often but it sure pays to give the VA s stressor that is easily verified-it might not be the one that caused you the most anxiety or depression-

you can tell them all of the stressors you have but it is imperative that they verify at least one of them.

WHat I dont understand in Roberts is why they waited so long to verify the specific stressor-or maybe someone tipped the VA off that it was not legit?

VA had conflicting statements from other personnel at the scene of the specific stressor he stated--yet Roberts had buddy statements.

What is the VA actually saying regarding your stressor?

[tagandbag]

Berta, when I originally filed for my claim, for PTSD. The stressor that I thought was really at cause was working in graves registration periodically. That Involved handling body bags, opening them and going through pocket and putting personal items in a bag and id the items Also picked up body bags from the airfield at times and took them to our coolers. Also took the bodies down to the morgue in bien hoa, That was an experience in itself, to load them in the c-130's or caribous and lift them on the racks they had. Now keep in mind, body bags were not leak proof. So, when you lifted them on the racks the person on the down side would get drenched at times in body fluids. The reason I would take this job, was to get a three day pass to saigon and vung tau. Did it several times. The morgue was not a pleasant experience to see all those white and stainless steel tables with bodies of young men draped over them, exposed so you see all that happened to them. Now I was assigned to QM PLT. in Quan Loi. Originally I worked in the Laundry and bath, that was for the grunts rotating in and out of the field. Then I caught unproven typhus and medivaced to Long Binh. Two weeks later I was back in Quan Loi 25lbs lighter. At that time I opted to pull permanent perimeter gaurd duty at night on the nw end of the base, next to the 6-27th artillery, two 8" and two 175. Kept you awake! So during days off and during the day we would do the graves registration thing. They must have records of this and any incountry travel. I claimed the graves registration as my severest stressor and incoming rocket fire as secondary. They did not mention the graves registration at my c-p Nor in my awards letter. So in a nutshell they gave 30% on incoming rounds hiting our base. I dont think this applies to the kieth roberts case, if it does, I will just give up. I allready went bye bye for three years, back in the eighties and do not want to add to that number. Sorry for blabbing to much :D

[Pete53]

I don't think that you have anything to worry about. You should win VA and Social Security without to much problem. I think that you are wise to have Allsup help you. I believe that will take a lot of the stress off you and just remember to do what they tell you.

Good Luck

[carlie]

tagand bag,

If you're already 30% SC'd for Mental Health Disability then showing

VA an additional stressor is not what will get the 30% increased.

Your symptoms and Medical documentation of them is what is needed for an increase in MH percentage.

jmho,

carlie

[tagandbag]

Carlie, you are correct. I am not trying to add another stressor, to get an increase. I am saying they ignored that stressor, (G-R)completely and chose the incoming rounds as the stressor.I am stating they did not rate me on what I told them was the stressor and feel I was underrated because of that. I believe when I point this out to DRO and show them how it has and is affecting me, with additional letters. I hope this will clarify.

[mobie16r]

Tagandbag,you might have told va what your inservice stressors was,but evidently the rocket attacks was the only Inservice Stressor that VA could vertify,and you have to have a vertify stressor to get service connected and you don,t get rating by stressor: Stressor help get you service connected like carlie said,to get a higher rating,you have, to have, medical evidence from your psy that your symptoms is a lot worser than the rating you was asigned,if i was you when i talk with the "DRO" i would tell he/she how those rockets attacks affected me and i would also tell my psy the samething.VA didn't inored what you told them about graves they just cound't vertify it.By the way I was station at "BIEN HOA" AFB as a AF Security Police from Aug 1966 to March of 1968 and i don't recall a "Morgue" there during my Two tours of duty,but i do know there was one in Saigon at "TAN SON NHUT" AFB maybe it was moved to Bien Hoa after i Left.

mobie16r

[tagandbag]

You may be right about the morgue being in tan son nhut, I thought that was where we flew into, but a guy in my pct group said he thought it was bien hoa,the morgue. But that doesnt really matter. I have requested all information with the national archives on me while in VN. Specifically any in country flight records of travel for me and doing a search for buddies that were with me, to help verify how stressful the incidents were at the time. If I cant prove anything, so be it. I will go along with the shell shock, incoming rounds as the one and only STRESSOR. It all really doesnt meen squat, I just think I should be rated higher

[mobie16r]

Tagandbag,I feel you man,When i got my first rating,it was 30% and i was mad as H because i thought i should have got a higher rating also,These was my stressors:(1)May 12 1967 Bien Hoa was hit with 189 mortars and Rockets,six kia's four airforce and Two army and one of the airforce was 3rd SPS,same as me and also from my home state,which is "ALABAMA"(2)Janaury 31 1968 (TET)Hit with a rockets and mortars and than attacked by Two battalion of North Vietamese and a company of Vietcong.enemy losses onehundred and Twentynine dead and Twentyfive captured,our losses Four kia's and one heart attack (this was inside the wire)(3)Feb 28 1968 Bien Hoa hit with about Forty rockets and mortars and a permanent made bunker got a direct hit 120mm Rocket (bunker about 25yards from the one i was asigned) fourteen airforce kia"s and one of the kia's was my friend.These was my stressors all Documented.And there was at least fifteen times Bien hoa was attacked during my tour of duty there, all documented,And i got a first rating of 30% and i was really tick off:This is how my claim went;Filed June one 2003,had C&p October 24,2003,service connected for ptsd March 19 2004 (Ten Months) 30% service connected. March 29 2004 Filed a Nod and ask for a "DRO" and to reconsider my claim,Got a private clinical Psychologist and went to him once a month for counseling and i also got a appointment at the vamc and was put in a ptsd program,went to counseling once a week.Nov 9 2004 was awarded 100% Service connected for ptsd PT and retro back to the original date June 1 2003,Seven Months and Eleven days.Total time Seventeen months and eleven days.I hope this helps.<WELCOME HOME>

mobie16r

[carlie]

The percentage of disability granted does not involve how bad

the stressor was, example:

RVN vet one had bullets flying over head and mortar rounds coming in.

RVN vet two was right next to his buddy when the buddy got shot in the

head and died in his arms.

Neither of these examples are used by the rating person to grant percentage of disability - only that a stressor did occur.

To figure percentage of disability, same vets as above:

RVN vet one has nightmares, self medicates with alcohol and drugs, has held

75 different jobs since discharge, shows signs of suicidal and homicidal

ideation, been divorced 7 times, thrown in jail twice for battery on law enforcement,and been kicked out of vocational rehab - VARO grants this vet

at 70 % Mental Health SC Disability.

RVN vet two has nightmares, has continuously held employment only two different jobs since discharge, only has a social drink, likes some people but is very distrustful of others, never been arrested, talks with his adult children

on occasion. VARO grants this vet at 30% Mental Health SC Disability.

You will notice RVN vet one's stressor doesn't appear to be nearly as bad as RVN vets two stressor in that RVN vet one's stressor, no one he knew died.

So it does seem, in that respect as if RVN vet one should recieve a lower amount of disability percentage then RVN vet two - but it doesn't work that way at all.

Now, I'm not saying these are the exact criteria for the above percentages,

they probably don't match up to Schedule 4. This is just an example regarding

Stressors v Disability percentage VA grants.

Hope this helps a vet.

jmho,

carlie

[mobie16r]

Good Example Carlie

mobie16r