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.

[Berta]

PS -the deaths of any of his Hometown Buddies could be verified with access to the local newspapers archives.

With the Hometown, name,unit and general date of death, this would help access them on the Wall.Biut I believe these would only be stressors if your husband served with thm in the same unit in Vietnam.

Almost every Vietnam vet has hometown friends or someone they knew stateside on the Wall who died in Vietnam. This is not a strong stressor.

What was your husbands MOS in Vietnam?

Have you asked family members and friends if he ever shared anything about Vietnam with them?

Edited December 26, 2008 by Berta

[Berta]

Something seems wrong here-

maybe its me-I am still recovering from an antibiotic (which was worse than the illness I had to take it for-powerful stuff-)

You stated:

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

In the SSA records there should be a disability review determination.

That should show what the SSA determined had been the cause of his PTSD.

You replied to:

"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."

The SSA would not base a PTSD award solely on that.They use the same DSM guidelines that VA does.

What did the SSA determine the actual cause of his PTSD was?

[sjh4951]

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 DON'T KNOW WHAT THAT IS...

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 STILL MAINTAIN THAT HE WAS OK UPON ENTERING THE SERVICE..HE APPEARED OK OTHER THAN NIGHTMARES AND A FEW OTHER THINGS AFTER I MARRIED HIM WHICH WAS 4 MONTHS AFTER HE CAME HOME..HE APPEARED OK UNTIL 1991. HE WAS A POLICE OFFICER FOR 20 YEARS, WELL LIKED EXCEPT BY THE CHIEF OF POLICE WHO WAS MEAN TO EVERYONE, WAS AN EX-MARINE HIMSELF (he said) AND WAS THE ONE WHO HARASSED BILL AND OTHERS AND IT WAS TO BILL THAT HE KEPT SAYING "YOU''RE A MARINE, YOU CAN TAKE IT". IF ANYTHING, THE VA SHOULD HAVE RELATED BILL'S PTSD AS JOB RELATED NOT CHILDHOOD TRAUMA IF THEY WANT TO AVOID ADMITTING IT WAS PTSD DUE TO VIETNAM. HIS MEDICAL RECORDS ALSO HAVE ALOT ABOUT BEING HARASSSED BY THE CHIEF OF POLICE. I WOULD RATHER TELL YOU PRIVATELY ABOUT THE DAY MY HUSBAND HAD HIS BREAKDOWN.

"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?NO BUT WILL

It is odd but I have seen a Capt Hyland on my husband's mil records-Danang 65-66 - probably different guy.BILL WAS THERE 67-69..COULD B THE SAME GUY. DID U EVER CONTACT HIM? I THINK HIS FIRST INITIAL WAS J.

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 DON.T KNOW ANY OF THIS

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.

[sjh4951]

PS -the deaths of any of his Hometown Buddies could be verified with access to the local newspapers archives.

With the Hometown, name,unit and general date of death, this would help access them on the Wall.Biut I believe these would only be stressors if your husband served with thm in the same unit in Vietnam.

Almost every Vietnam vet has hometown friends or someone they knew stateside on the Wall who died in Vietnam. This is not a strong stressor.

What was your husbands MOS in Vietnam?HE SAID HE HAD TWO. HIS DD214 SAYS TRUCK DRIVER BUT HE WAS A GUNNER ON THE BACK OF CONVOY TRUCKS. I HAVE A PICTURE OF HIM SITTING UP THERE BUT DON'T KNOW IF THAT MEANS ANYTHING OR NOT.

Have you asked family members and friends if he ever shared anything about Vietnam with them? I WILL BUT DOUBT IT VERY MUCH..

[sjh4951]

Something seems wrong here-

maybe its me-I am still recovering from an antibiotic (which was worse than the illness I had to take it for-powerful stuff-)

You stated:

"HE WAS ALREADY ON SSA FOR PTSD WHEN HE GOT CANCER".I DON'T KNOW WHAT SSA DETERMINED HIS DISABILITY WAS BUT IT WAS PTSD AND HE HAD BEEN ON DISABILTY SINCE 1992. SICK SINCE 1991.

In the SSA records there should be a disability review determination.I'M GOING TO HAVE TO FIND THAT OUT. I CALLED THEM AND THEY SAID THEY SAID NO....OBVIOUSLY SOMEONE MUST HAVE MADE SOME KING OF DETERNIMATION TO AWARD HIM DISABLITY IN THE FIRST PLACE.

That should show what the SSA determined had been the cause of his PTSD.I DON'T THINK IT WILL SAY "PTSD DUE TO MILITARY SERVICE" BUT SOMEHOW I WILL GET THE DETERMINATION. I'M IN APPEALS, DO YOU THINK VA WILL STILL REQUEST BILL'S SSA RECORDS? THE REP AT AMERICAN LEGION IN WASHINGTON HAS STATED THAT THE REASON THE CLAIM HAS BEEN DENIED IS BECAUSE BILL NEVER FILED A NOD WITHIN THE ONE YEAR PERIOD, I THINK I POSTED THAT ALREADY.HE JUST KEPT SENDING NEW EVIDENCE. VA ALSO DOESN'T SHOW BILL WAS WORKING WITH A REP FOR THE PTSD BUT HE WAS. I CALLED THE AMERICAN LEGION LOCAL, THE REP BILL HAD IN THE BEGINNING IS GONE, THE GUY I HAVE, WHOM I TALKED TO, WAS EXTREMELY RUDE, TOLD ME HE DIDN'T KEEP RECORDS (I WAS TOLD THEY DID BY THE WASHINGTON REP) and I was looking for and hoping to find that they might have had the NOD for the PTSD as I can't find anything here or in what they managed to send me of the "c" file nor do I have Bill's computer anymore to even look in there.

You replied to:

"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."

The SSA would not base a PTSD award solely on that.They use the same DSM guidelines that VA does.

What did the SSA determine the actual cause of his PTSD was?DON'T KNOW (YET)

[Berta]

"What did the SSA determine the actual cause of his PTSD was?DON'T KNOW (YET)"