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.

[sjh4951]

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?HE WAS ALREADY ON SSA FOR PTSD WHEN HE GOT CANCER.

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:IT DOES...CLEAR TO 1991

"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." THAT'S HIM EXCEPT FOR THE PERSONAL HYGIENE..HIS WAS EXCELLENT. BERTA, I COULD TELL YOU THINGS THAT HE DID THAT YOU WOULD PROBABLY FIND HARD TO BELIEVE. I AM STILL ON MEDICATION DUE TO ANXIETY FROM HIS PTSD AND WHAT IT DID TO HIM.

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. I'M STILL TRYING TO GET IT..DO HAVE AWARD LETTER..NO DIAGNOSES

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.I CAN PROBABLY GET THAT

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.DON'T CARE HOW LONG IT TAKES, WILL NOT GIVE UP UNTIL I TAKE MY LAST BREATH..

[71M10]

Grasping at straws, but here it is.

Was the veterans mental and physical health so significantly deteriorated within the NOD period that he was unable to formulate a proper NOD?

Time limits are extendable when the veteran by no fault of thier own are unable to respond. This tactic will surely require a statement from his attending physician or therapist.

This idea is a significant uphill - all the way idea, but the denial of the extension is subject to appeal all on its own. It may be a way to keep some type of life in the claim on the outside chance the new executive branch liberalizes the administrative rules.

A real longshot.

Best regards,

Tyler

[carlie]

sjh,

I don't want to get your hopes up any.

There is a regulation 38 CFR that pertains to lost or misplaced military records

that somehow apper out of thin air - that can amount to an EED,

someone will find the reg and post it for you - I HOPE.

Anyway, perhaps the lost evidence of a CAR or CAB can play into getting PTSD granted for a rating but to get it granted at the required 100 % would be a heck of an uphill battle.

I believe he may also have to have been granted P&T status but I could surely be wrong on this part, I've had no sleep last night, someone will correct this if it is incorrect.

I feel shooting for an extension of time limit for a NOD would not be in the best interest of helping the claim in any way.

Bottom line is all claimant's are responsible to follow thru on everything and if VA

says they are unable to locate the evidence it's up to the claimant.

The best thing to get would be the coroner stating something from active duty was the direct cause of the illness that cause your husband's death. The coroner would need to support this opinion by reviewing ALL of your husband's service medical records and relating it with medical rationale. I would say this would be my course, if any, of action.

I do wish you the best.

jmho,

carlie

[Berta]

I didnt realise he was getting SSA solely for PTSD.

These records could certainly help your claim. Did the VA ever obtain them?

Where did the VA get the idea that his PTSD stemmed from childhood?

"I do have evidence (tons) to show that he was disabiled since 1991 due to ptsd service related."

This is the evidence you need to send to VA- it should include the SSA findings and treatments records back to 1991.

If the evidence fits into the 100% criteria the VA would have to award the 1318 DIC entitlement.

But his PTSD must be directly associated with his service- which the CAB would appear to do- still VA stated something about his childhood and that would have to be completely knocked down by medical evidence.

Are you able to cover personal info but scan and attach here the actual decision as to their bases and reasons for the denial?

[carlie]

sjh,

Did I see somewhere in this thread a vso was helping with DIC ?

carlie

[sjh4951]

I didnt realise he was getting SSA solely for PTSD.

These records could certainly help your claim. Did the VA ever obtain them?No and after reviewing my husband's original application for compensation he never told them that he was getting ssa. I later told them in a letter submitted after he died.They did not request the records nor a C&P exam for the PTSD.

Where did the VA get the idea that his PTSD stemmed from childhood? Mentioned it a few of the early doctors records. Even said Bill's dad was in jail for abuse.......none of it true. I told the VA this. They can check re: his dad. Gave them his name, etc; His first "shrink" was a real winner. Made a few "suggestive" remarks to me and I located a new doctor for Bill. I think alot of psycho doctors touch on this "childhood" thing as the root of all problems.. I have a letter dated in 91 or 92 from a second opinion doctor who stated that Bill's trauma was military related. It's a long story but it all started when his boss was putting alot of pressure on Bill and kept saying "you're a Marine, you can take it." Plus it was during the Gulf War and I think the constant news of that helped lead to his ptsd breakdown. There were signs along the way, nightmares, staring off, voice changing at times,not wanting to socialize,withdrawn, but I never put two and two together.

"I do have evidence (tons) to show that he was disabiled since 1991 due to ptsd service related."

This is the evidence you need to send to VA- it should include the SSA findings and treatments records back to 1991.

If the evidence fits into the 100% criteria the VA would have to award the 1318 DIC entitlement.VA has the majority of records with the exception of the ssa award. Should I send that now? My case is at the BVA and has been for 21 months.

But his PTSD must be directly associated with his service- which the CAB would appear to do- still VA stated something about his childhood and that would have to be completely knocked down by medical evidence.

Are you able to cover personal info but scan and attach here the actual decision as to their bases and reasons for the denial?

Can't scan. This is from Bill's last denial dated Aug. 26, 2005:

DECISION: The previous denial of service connection for PTSD is confirmed and continued.

REASONS FOR DECISION: We continue to deny service connection for ptsd because the evidence continues to show this condtion was not incurred in or aggravated by military service.

Service connection was denied in a prior rating decision, dated February 18, 2005, because ptsd did not begin in or was caused by miliary service. In that decision, we acknowledged that you have a diagnosis of ptsd, but that an April 1993 treatment report indicated it was secondary to child abusive situations. We also explained there was no evidence of a verifiable stressing incident which occurred during service that could be recognized as having caused your current symptoms of ptsd.

In conjunction with this claim, you submitted a copy of a DD215 (did not have CAR) and requested reconsideration of this prior denial. The following awards are recognized by VA as evidence of participation in a stressful episode. Blah, Blah.

As you can see, according to our regulations, none of the awards on your DD215 can be accepted as conclusive evidence of an in-service stressor. In the absence of one of the above awards, our regulations dictate that your lay testimony, by itself, will not be sufficient to establish an alleged stressor. Instead, the record must contain service records or other independent credible evidence to corroborate your testimony as to the alleged stressor. To date, we have not received any additional evidence to corroborate your reported stressing incidents in service. Accordingly, we must continue to deny service connection for PTSD.

Since there is no detailed information concerning a particular stressing event of record that occured in service, and there is a strong evidence of a significant history for major depressive disorder and ptsd disorder secondary to family situations, service connection must continue to be denied.

MY DENIAL: Dated April 11, 2007 (received after I appealed in March.and this is the ONLY correspondence I ever rec'd re: the ptsd claim..they addressed the cancer claim but no mention ever of the ptsd accrued, even after I wrote letters, and called them)and I finally said to hell with it and appealed)

ISSUE: Entitledment to accrued benefits

EVIDENCE: Evidentiary record

ADJUDICATIVE ACTIONS:

07-25-2006 Claim received (this is also when I sent the amended 215

11-22-2006: Claim considered based on all the evidence of record

11-22-2006 Claimant notified of decision (NOPE!)Nothing in C file either.

12-04-2006: Notice of Disagreement received (Not for ptsd as I hadn't even heard from them)ditto C file..zilch.

04-11-207 De Novo Review performed based on all the evidence of record.

DECISION:

Entitlement of Accrued Benefits is denied.

REASONS AND BASES:

A claim for ptsd was received August 10, 2005. The claim was subsequently denied and the Veteran was notified of that decision by a letter dated Augusut 26, 2005. The claim was denied becasue there was no evidence of record of a verified stressful event that was linked to a confirmed diagnosis of posttraumatic stress disorder. No claim for posttraumatic stress disorder was pending at the time of death. The additional evidence received (CAR) does not justify a different decision.

**Now I am being told that the Aug. date was incorrect that it should have been Feb 2005 date plus the rep in Washington said that no NOD was received for the Feb.2005 denial so therefore if I had evidence that showed Bill disagreed with the FEB 2005 decision before FEB 2006 I could possibly with the claim.