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]

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? Mentally, yes. Thought processes way off. Later, physically as well.

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.Good thought...

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.yes, and I'm up to the challenge. I will give it all I've got.

Best regards,

Tyler

[sjh4951]

sjh,

Did I see somewhere in this thread a vso was helping with DIC ? Yes, he's giving me the run around. Washington rep said VSO should have copies of all paperwork. VSO said not true. Got really defensive when I even asked him.

carlie

[sjh4951]

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.he was 100% plus qualified for unemployability and aid and attendence.

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.THANKS ..I REALLY DO APPRECIATE ALL THE TIME EVERYONE HAS SPENT WITH MY QUESTIONS.

jmho,

carlie

[Berta]

The VA definitely needs the SSA information.

I dont think the award letter from SSA will state exactly what they awarded SSA for.

You need to authorize the VA to obtain his entire SSA files.

Make sure to follow through on their attempts to get them.

If you receive any SSA benefits due to his death or any of his dependent children get them- it is possible that the office where you files for these death benefits from SSA might still have the files.

Although SSA awards are not binding on the VA -an award solely for a potential VA SC condition is probative evidence that the VA must consider.

His SSA records for PTSD will contain significant medical information.If these records support PTSD that is potntially from his service- then you would still have to provide evidence of a stressor.

I am surprised that they did not accept the CAB on the DD 215- but then again the VA is holding to childhood trauma as cause for his PTSD since they have some documentation on that.

I suggest that you call SSA and find out where his actual SSA records are.

I hope there would be a way for you yourself to access them and certainly the VSO has the form you need to get them -it might even be on the VA web site.

When we were at the SSA office before Rod died (he was USMC but had not told them he was also USN and they needed those records too to prepare the correct amount of his SSA benefits)I was absolutly stunned to see his SSA files.They seemed to still be on a dolly, and enoumous 2 volumes of stuff.

The SSA woman allowed me to look through them briefly.

Not only were other VAMCs records there (that VA said they had no record of) but I found information that suggested to me he should have been definitely rated much higher way before 1983 by the VA. I was pretty upset by these records as I did not know how detailed and extensive his PTSD treatment as well as his employment problems had been before his award date.His ex wifes testimony was in there along with testimony from his first employer after he left the CORPS and it was pretty rough.All of this documentation seemed to come from the VA itself.He never needed any SSA doctor's opinion for PTSD award.SSA based their award solely on VA medical records as far as I know.

Those records might provide you the information you need to support a 1318 DIC claim.

To find the stressor- you need to get the actual citation that awarded him the CAB.

Is there any other stressors he told you of that could be found?

Any deaths of his buddy's inservice?

Have you conmtacted his CO- or you could try to contact whoever signed the CAB citation.

My husband got a DD 215 and after his death I looked up his unit's PUC.It certainly contained information that included what could be stressors.If I needed to prove stressors it did give me some clues.

The CAB citation could help you- then again-I am a civilian-I am only assuming that this award would have a write up.

Stressors could have been detailed enough in his SSA med recs that they would provide ways to research them.

Also did he ever mention any buddys names to you and did he ever write home as to any stressful events he encountered in service? Did he take any photos that would show he was exposed to stressors?

[sjh4951]

The VA definitely needs the SSA information.

I dont think the award letter from SSA will state exactly what they awarded SSA for.No, it doesn't.

You need to authorize the VA to obtain his entire SSA files.WHAT ELSE WOULD BE IN THE FILE BESIDES MEDICAL?

Make sure to follow through on their attempts to get them.

If you receive any SSA benefits due to his death or any of his dependent children get them- it is possible that the office where you files for these death benefits from SSA might still have the files.YES I DO AND OK

Although SSA awards are not binding on the VA -an award solely for a potential VA SC condition is probative evidence that the VA must consider.

His SSA records for PTSD will contain significant medical information.If these records support PTSD that is potntially from his service- then you would still have to provide evidence of a stressor. EVEN WITH THE COMBAT ACTION RIBBON?

I am surprised that they did not accept the CAB on the DD 215- but then again the VA is holding to childhood trauma as cause for his PTSD since they have some documentation on that.

I suggest that you call SSA and find out where his actual SSA records are.I GOT ALL THE MEDICAL RECORDS FROM SSA A FEW WEEKS AGO.

I hope there would be a way for you yourself to access them and certainly the VSO has the form you need to get them -it might even be on the VA web site.

When we were at the SSA office before Rod died (he was USMC but had not told them he was also USN and they needed those records too to prepare the correct amount of his SSA benefits)I was absolutly stunned to see his SSA files.They seemed to still be on a dolly, and enoumous 2 volumes of stuff.

The SSA woman allowed me to look through them briefly.

Not only were other VAMCs records there (that VA said they had no record of) but I found information that suggested to me he should have been definitely rated much higher way before 1983 by the VA. I was pretty upset by these records as I did not know how detailed and extensive his PTSD treatment as well as his employment problems had been before his award date.His ex wifes testimony was in there along with testimony from his first employer after he left the CORPS and it was pretty rough.All of this documentation seemed to come from the VA itself.He never needed any SSA doctor's opinion for PTSD award.SSA based their award solely on VA medical records as far as I know.

Those records might provide you the information you need to support a 1318 DIC claim.

To find the stressor- you need to get the actual citation that awarded him the CAB..HOW DO I DO THAT?

Is there any other stressors he told you of that could be found?HE TOLD ME OF SEVERAL.I HAVE NO IDEA HOW TO VERIFY.

Any deaths of his buddy's inservice?YES, BUDDIES AND SEVERAL HOMETOWN BEST FRIENDS

Have you conmtacted his CO- or you could try to contact whoever signed the CAB citation. HE (AND i) HAVE TRIED TO LOCATE HIM...CAPT. HYLAND..TO NO AVAIL. CAPT. HYLAND IS THE ONE THAT BILL TALKED ABOUT ALL THE TIME.

My husband got a DD 215 and after his death I looked up his unit's PUC.It certainly contained information that included what could be stressors.If I needed to prove stressors it did give me some clues.WHAT IS PUC?

The CAB citation could help you- then again-I am a civilian-I am only assuming that this award would have a write up.I THOUGHT THAT THE CAB WAS PROOF IN ITSELF THAT HE WAS IN COMBAT WITH THE ENEMY??

Stressors could have been detailed enough in his SSA med recs that they would provide ways to research them.ALL I'VE HEARD AN READ IN HIS MEDICAL IS THAT THERE WAS AN AMBUSH AT THE "ROCKPILE" AND THESE TWO THAT WERE KILLED WERE AHEAD OF BILL IN A CONVOY.

Also did he ever mention any buddys names to you and did he ever write home as to any stressful events he encountered in service? Did he take any photos that would show he was exposed to stressors? I'M SURE HE WROTE HOME BUT PARENTS ARE DEAD..DON'T KNOW WHAT WOULD HAVE HAPPENED TO ANY LETTERS OR PHOTO'S. HE DID TELL ME THE NICKNAMES OR COULD BE LAST NAMES, OF TWO OF THE MEN THAT WERE KILLED THAT HE FELT RESPONSIBLE FOR. I LOOKED ON THE VIETNAM WALL BUT DIDN'T SEE EITHER NAME OR ANYTHING CLOSE. THEY WERE TEARNEY AND REDILUSKI IF ANYONE READING THIS MIGHT RECOGNIZE THEM..AND I'M NOT SURE THEY ARE SPELLED CORRECTLY.

WERE THERE TIMES (ANYONE KNOW?) THAT THE ARMY AND MARINES FOUGHT SIDE BY SIDE? DID DIFFERENT MARAINE UNITS FIGHT SIDE BY SIDE? I AM OF THE OPINION THAT THESE TWO THAT WERE KILLED WERE NOT IN BILL'S UNIT. BILL SAID EVERYONE PRETTY MUCH HAD NICKNAMES..IS THAT CORRECT. HE TOLD ME THAT HIS NICKNAME WAS "BABY HUEY" INCASE THAT RINGS A BELL FOR ANYONE READING THIS. TALL, BLOND, BLUE EYES, MED. DARK TAN, WELL-BUILT...COULD DESCRIBE A MILLION VETS I GUESS.

I'm glad Christmas is over and hope you had a great day!

[Berta]

Marines as well as the ARmy in I CORPS used Rockpile as an artillery base.

There was a Danang Support COmmand for the US Army in Danang from Oct-68 to Oct 69-

Did your husband ever participate in CAPS in Vietnam?

I believe VA did not consider the CAB as there was evidence they found somewhere of childhood trauma as cause for his PTSD-that must be overcome with evidence of trauma in Vietnam.

"I AM OF THE OPINION THAT THESE TWO THAT WERE KILLED WERE NOT IN BILL'S UNIT."

I dont think the Rockpile incident would be a strong enough stressor.

Have you directly contacted the Joint Services Records Research Center to get more info on the CAR or perhaps even Capt Hyland?

It is odd but I have seen a Capt Hyland on my husband's mil records-Danang 65-66 - probably different guy.

JSRRC:

US Army and Joint Service Records Research Center

7701 Telegraph Road

Kingman Bldg. Room 2CO8

Alexandria, VA 223-15-3802

1-703-428-6801

PUC -Presidential Unit Citation.

The JSRRC might be able to provide you info as to other ways to find and prove his stressors- with some links to USMC history.

I have an extensive history of USMC involvement in Vietnam-needed it for school- but I dont know what to look for that would help you-

"ALL I'VE HEARD AN READ IN HIS MEDICAL IS THAT THERE WAS AN AMBUSH AT THE "ROCKPILE" AND THESE TWO THAT WERE KILLED WERE AHEAD OF BILL IN A CONVOY."

This type of incident happened at or near the Rockpile many many times.Did he know these men well? were they from his unit? did he aid in the recovery?

I posted a topic here on stressors and how the VA defines them and I hope it gave you same idea of what you need to prove.