ptsd No Nod...totally Screwed

[sjh4951]

Looks like my late husband never filed a NOD to his ptsd denial although he did submit new evidence within that time frame.

All this worry about the va not accepting the amended 214 and now I find it's the lack of NOD that got my claim for accrued screwed up. Bill had a rep for his claim...why did the vet rep not tell us that a NOD was needed???? How were WE suppose to know that a NOD was needed??

Not to mention the last denial stated that Bill had one year from that date to submit and now I'm being told that that was an administrative error and the date was actually 6 months prior to that. All this down the drain because proper procedure was not followed?? I'm so upset.......all those years he (and my children and I) suffered from ptsd and this is how it ends, all over because of one missing form? For all I know he did send it and it was shredded...regional is Columbia so who knows?

Anyone have any advise........I'm not ready to give in or up.

[hurryupnwait]

Hi Susan

Maybe some one will add to this, but I thought that ESOPHAGEAL CANCER is on the presumptive list for agent orange. Maybe Berta will chime in here and explain what might be done at this point.

I found this discussion of your claim in August 2007.

discussion

Paul

Edited December 22, 2008 by hurryupnwait

[Commander Bob]

Thanks for the post hurryupnwait. For the presumptive list of disabilities and conditions for Agent Orange and more , visit this website, www.VA.gov/AgentOrange Cmdr. Bob

Edited December 22, 2008 by Commander Bob 92-93

[Commander Bob]

Here is the current Agent Orange list, November, 2008, if you don't want to wait for the download at the VA website.

Health Conditions Presumptively Recognized to Date

The information contained in this article updates earlier issues of this newsletter. We are providing it again because of the high level of interest and because we know that some readers are seeing it for the first time. For more information, see www.VA.gov/AgentOrange.

The following health conditions are presumptively recognized for service connection for Vietnam veterans, based on exposure to herbicides and related materials during the Vietnam War. Vietnam veterans with one or more of these conditions do not have to show that their illness(es) is (are) related to their military service to get disability compensation. VA presumes that their condition is service-connected.

Conditions Recognized in Veterans:

1.

Chloracne (must occur within 1 year of exposure to Agent Orange)

2.

Non-Hodgkin’s lymphoma

3.

Soft tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

4.

Hodgkin’s disease

5.

Porphyria cutanea tarda (must occur within 1 year of exposure)

6.

Multiple myeloma

7.

Respiratory cancers, including cancers of the lung, larynx, trachea, and bronchus

8.

Prostate cancer

9.

Acute and subacute transient peripheral neuropathy (must appear within 1 year of exposure and resolve within 2 years of date of onset)

10.

Type 2 diabetes

11.

Chronic lymphocytic leukemia

Edited December 22, 2008 by Commander Bob 92-93

[Berta]

This bothers me:

His denials were all "PTSD due to childhood abuse" because he could not prove his stressor and didn't have the Combat Action Ribbon at that time"

What did the VA say as to the cause of his PTSD in the last decision- After they had proof of the CAR?

Much of my post here disa

[Berta]

The weather has been interferring with my posts here- sorry about that-

I assume your husband got SSA for his cancer. What findings did SSA make as to his PTSD?

In order to prove he should have been 100% for PTSD for ten years prior to death- the medical evidence must reach the criteria here for ten continuous and successive years-by medical evidence:

"Total occupational and social impairment from PTSD due to

such symptoms as gross impairment in thought processes or

communication; persistent delusions or hallucinations;

grossly inappropriate behavior; persistent danger of hurting

self or others; intermittent inability to perform activities

of daily living (including maintenance of minimal personal

hygiene); disorientation to time or place; or memory loss for

names of one's close relatives, own occupation, or own name

warrants a 100 percent disability rating."

I need to add- my husband's 100% PTSD award was based on other evidence as well as medical-there was testimony on 2 EEOC cases he had as well as significant medical evidence- to include a SSA award for PTSD.One cannot overlook oher types of evidence.These could be buddy statements, police reports, Voc Rehan documentation, and employer statements.

SSA surely made some determination on your husband's PTSD as it was so prevalent and maybe these findings could help you.

You would definitely need-in my opinion- a strong Independent Medical Opinion from a psychiatrist who has assessed all available records to prove that your husband should have been rated 100% P & T for ten years prior to death.

We had a widow here some time ago who proved 1318 DIC entitlement.

She had two separate opinions from a doctor who was from India and who could assess her claim in a better way than most American Doctors could.

I have been trying to find her case but have not been successful-

however she was able to prove- with this medical opinion-and all of her evidence that her husband should have been 100 % P & T SC before his death.It took her a decade or more as I recall but she did prove her claim.

[sjh4951]

This bothers me:

His denials were all "PTSD due to childhood abuse" because he could not prove his stressor and didn't have the Combat Action Ribbon at that time"

What did the VA say as to the cause of his PTSD in the last decision- After they had proof of the CAR?

Much of my post here disa

AFTER I SENT THEM THE COMBAT ACTION RIBBON IN JULY 2006, THEY SENT ME A DENIAL FOR PTSD IN APRIL 2007 (((I HAD APPEALED BOTH CLAIMS IN MARCH 2007 AND TOLD THE BVA THAT MY PTSD CLAIM WAS BEING IGNORED IN COLUMBIA. THE VA IN COLUMBIA SAID THEY DIDN'T EVEN SHOW IT IN THEIR SYSTEM))) WHICH STATED "A claim for posttraumatic stress disorder was received August 10, 2005. The claim was subsequestly denied and the Veteran was notified of that decision by a letter dated August 26, 2005. The claim was denied because there was no evidence of record of a veritfied stressful event that was linked to a confirmed diagnoses of posttraumatic stress disorder. No claim for posttraumatic stress disorder was pending at the time of death. The additional evidence received does not justify a different decision. (He died May 30, 2006)