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Varo's Constant Denials


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

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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.

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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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  • HadIt.com Elder

This sounds like a case where the VA just denies your claim and hopes you will give up and go away. Do you have combat awards or medals?

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  • HadIt.com Elder

Guillo

File the Form 9, before the 60 day time limit, it is the only chance you will have to file one.

That does NOT mean that you cannot continue to follow it up at the VARO. The VARO will usually take months or years before they forward the file to BVA. All the time they are holding on to it, you can request hearings, DROs, video conferences et al. and also file new evidence to incluse IMOs, more buddy letters, or any further evidence you can find to validate your stressors.

Believe me, the VARO is in no hurry to send your file to BVA, it makes their QA statistics look bad. I filed a Form 9, three years ago, and at 71 I'm supposed to get priority processing, but it is still sitting at VARO.

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This sounds like a case where the VA just denies your claim and hopes you will give up and go away. Do you have combat awards or medals?

Hi John, I was awarded the Armed Forces Expeditionary Medal for "OPERATION JUST CAUSE" Panama.

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  • HadIt.com Elder

quillo

I think that would prove you were there but not that you were in combat. Do you have a CIB or Bronze Star with V or purple heart? This is if you are trying for PTSD due to being in a combat zone. If you don't have those kinds of medals it makes it harder to prove PTSD. I am not the expert but some here know more. After action reports are good documentation of combat experience.

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The AFEM won't help your claim.

There are many books available at amazon.com -on Just Cause so I assume many libraries would carry them too- and these books contain eye witness accounts and action report info. It would pay to try to access some of them-at least to see in the index if there is possibly any mention of whatever stressful events you were in or even someone you could contact.

Also there is a wealth of info on the net regarding Just Cause -----try http://www.globalsecurity.org/military/lib...2/MOUTYates.htm

When the VA stated that your stressors were not "researchable" to me that means they did not probably have enough detailed info to pinpoint them-

Have you tried to find anything to prove them in Panama Newsapers? During this time frame-1989-1990 "La Prensa", El Siglo" and "Quiubo" were printing all the news as it happened regarding Just Cause in Panama.

Most Spanish newspapers on the net have archives and a translation link-

Also Military.com has had discussions with veterans of Panama-

The VA will not award PTSD without documented proof of stressors.

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Guest elizabeth

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!

In 2002 or 2 pres bush signed in law veterans assit law this law is your help file benifit of doubt duty to assis and cue do not go to bva they will no take a cue claim the worst mistake you all make is giving bva the lead always keep claim with va you have more controil as for ssoc answer it as benifit of doubt and duty to assis and cue study your federal law the veterans assis law will back you up under federal law Elizabeth
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