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Varo's Constant Denials

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guillo

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Just received from VARO another denial (2nd) of my Supplemental Statement of the Case (SSOC). I've been diagnosed by C&P doc's and VA mental hyg. doc's with Chronic PTSD. I've submitted statements from Senior NCO's and even my Commanding officer (Maj at the time) of the strssers and circumstances. But the RO says that all the evidence is credible but the stressors aren't researchable. What ever happen to the "Reason of the doubt" section in VA policy. Anyway, I've been avised by other vet's here at home to stop being jerked around by our local RO and to forward my appeal to the BVA. According to them BVA would most likely be more beneficial. What do u vet's avise? I have 60 days to answer the RO (From today). Thanks!

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My Opinion?

Get outa the RO.

They, the RO employeeeees have decided that no matter what, your stressors will not be verified by the RO.

Mine, my PTSD stressors, were so good that the RO had to factually change the Official Air Force Historical Records just for me.

They had to change or illegally ignore all of the expert opinions that I provided to substantiate my contentions.

The RO will do whatever it takes to screw you Quillo.

That's my opinion.

sledge

Those that need help the most are the ones least likely to receive help from the VA.

It's up to us to help each other.

sledge twkelly@hotmail.com

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  • HadIt.com Elder

Guillo:

Its sucks but the benefit of doubt will work if you get a Doc to write up a good report that links PTSD to your Service.

You also might point out in your Form 9 that the VARO is making their own m,edical opinions which they are not supposed to do.

Whatever you decide don't give up.

Veterans deserve real choice for their health care.

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Just received from VARO another denial (2nd) of my Supplemental Statement of the Case (SSOC). I've been diagnosed by C&P doc's and VA mental hyg. doc's with Chronic PTSD. I've submitted statements from Senior NCO's and even my Commanding officer (Maj at the time) of the strssers and circumstances. But the RO says that all the evidence is credible but the stressors aren't researchable. What ever happen to the "Reason of the doubt" section in VA policy. Anyway, I've been avised by other vet's here at home to stop being jerked around by our local RO and to forward my appeal to the BVA. According to them BVA would most likely be more beneficial. What do u vet's avise? I have 60 days to answer the RO (From today). Thanks!

The way I understand the 60 day deal is they will give you 60 days to give them more evidents or you can send them a notice to wave the 60 days and to send it on to the BVA. And that will take you another 2 or 3 years or maybe longer. I waited until a couple of week for the year time limit on my claims and sent it in with a NOD and am waiting on Service Officer to give me a date to come in and see if he can settle the claims.....Good Luck!

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It sounds like it is time to take it to a higher authority such as the BVA, with the proof of stressor by your NCO and Commanding officer at the time in lue of an actual written record of it, should be sufficient to prove your Stessor.

Does the VARO give reason and basis for not accepting the buddy statements, since they were unable to prove or disprove the stessor did or didn't occure? If they could not get the information on you, did they try to see if the NCO or Officer were their at the same time. Certainly one of them could be shown to have been in attendance to prove that they may have witnessed or had knowledge of your stressor. If you have an Service Officer, to find out what they did to try and find records of your stressor. They may not have sufficiently made an attempt to get your records or to verify the buddy statements as to their authenticity.

If you take it to the BVA, I would deffinenly make every attempt to confirm your stressor by finding any records to help prove it beyond any doubt. The VA is going to try and shoot down any PTSD claims they can and make it as difficult as they can for you to get approved.

I hope we can continue to help you during this period, your battle is not over, even though no bullets or bombs are flying, now it is a different kind of was, that the VA has stacked in their favor. but with the help and support you get from use and others like us, you will prevail, as long as you do not give up in frustration, that is just what they are hoping you will do, keep up the pressure and keep trying to find ways to support your claim, the more evidence in your favor the better your chances get for a good final end.

Jim S. B)

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Guillo:

Its sucks but the benefit of doubt will work if you get a Doc to write up a good report that links PTSD to your Service.

You also might point out in your Form 9 that the VARO is making their own m,edical opinions which they are not supposed to do.

Whatever you decide don't give up.

" but the stressors aren't researchable"

Have you made every possible attempt to find proof of the stressors?

Is this an event that could have been mentioned in the Stars and Stripes, or in any unit magazine?or on any unit web site?

I am a little surprised they didnt accept the buddy statements-

I disagree about going to the BVA -it is just my opinion-you have 60 days from date of the SSOC to submit more evidence-

I would send them a copy of

38 USCS 5107-- Benefit of Doubt Doctrine-

"when there is an approximate balance of positive and negative evidence regarding the merits of a material issue ,the claimant will be given the benefit of the doubt in resolving each of these issues."

Did they refer to this reg in the SSOC?

I would NOD their interpretation of this reg- and ask them for their specific rationale that would suggest this event, witnessed by the buddy statements, did NOT happen.

Do you feel comfortable telling us about it- when and where-and what branch?

Was your denial solely based on their statement that the stressors aren't researchable?

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