ptsd New Guy Looking For A Point In The Right Direction

[cvsp]

Well here it goes. I am looking for some advice and will try to keep my details short.

Iraq Vet that left the service in 97. At that time it was seriously advised that I file for disability. My medical records only contained injuries or illness due to my service (operated on knee, gunshot, chronic fatigue syndrome). Being stubborn at the time I refused. Continued on with civilian life albeit a struggle mostly due to the CFS and not so much an issue with the physical disabilities. The CFS has along with the normal symptoms also caused a miscarriage with my wife as well as resulted in numerous bouts of serious depression.

Fast forward to Sep 2006 and I gave in and filed for my disability. Went through the normal BS until I got a letter stating my AD medical records were destroyed in a fire in 1973 (I was 8 years old then). I sent them a copy of the one I had, yet they never received it. Numerous phone calls to the local VA were a nightmare. They continually asked me to send in a copy of the medical records. I sent in three copies and none were received. Last time I called the VA on this matter I was called a "clown" by a VA phone rep. This set me back and I shy'ed away from the VA. Of course I received a letter of denial due to no AD medical records available a little over a year later.

In Dec of 2007 I decided to contact a VA attorney. I was promptly told that I need to move ASAP as my deadline for appeal was approaching. Long story short it was a nightmare. I sent all the paperwork requested within two days. Then heard nothing. I called and called and was handed more excuses each time. Five months later this attorney had done nothing. I then sent a letter stating that I no longer required his services and requested my file be returned to me. I received the file and a letter of apology. Thanks to this attorney my appeal date had been passed over.

In June of 2008 I decided to use one of local outreach programs. Found a real nice rep who started a new claim and sent in all relevant documents This got the ball rolling. She even acquired all medical documents from three hospitals and sent them in along with a copy of the AD medical records. Things where going good until earlier this year. I walked into the VA outreach program and was told she no longer worked there and I was not able to use the program's services anymore as I was in the next town over (rural area), even though the sign on the wall said different. Astonished I left only to return the next day demanding my folder and records that were on file as I needed them. It was a terrible hassle but yet I got them.

In this file I found out I had an appointment for a "Compensation and pension exam". I went yesterday and found out the doctor had none of the medical records that were previously sent in. Luckily I had copies of all of them and presented them to her. The main focus was on the CFS which was reported on numerous occasions within my AD records, even a hospital stay with numerous tests while on AD. The meeting went well and I got the impression that the doctor fully agreed with the CFS diagnosis as it was rampant in my records.

Here are the problems:

The original claim filed in Sep 2006 was for CFS and PTSD (both documented via medical records). This was the one that was denied and never appealed.thanks to the jackass attorney who dropped the ball (Not sure what the policy is in this forum, but I will refrain from posting his name for now).

The second claim, filed by the outreach coordinator, I now learn was filed for depression and void of the CFS or any other claim. Doctor yesterday seemed positive that the claim for CFS was obvious and no real discussion in regards to depression took place/

I left with a pretty good feeling yesterday. Now I am concerned that the second claim for being for depression and not CFS will screw me over. The original claim was for CFS but not the second. I have a strong feeling that the lawyer that screwed me over with the delay and excuses and missing my appeal is really going to screw me over.

So that sums it up. I am trying hard to be more proactive at this and would like any advice as to where or what I should do next. I think I need to attack this from two angles. One regarding the effective date ? Two amending my current claim?

[Pete53]

Welcome to Hadit and if you want some hope I recommend that you browse the Success Forum. The truth about the VA is that if you don't give up and really work your claim you will more likely than not succeed. There are some hard lessons and the biggest is that although the VA claims to be helpful they are not.

Also the VA is getting more on your side than they were when you tried earlier.

Are you working?

Good Luck on your claim.

[Berta]

Gunshot wound?

Is the PH on your DD 214?

A GSW is obviously a proven stressor and the VA concedes PTSD.

They usually award 30-50 % for GSW.

If this is not on your DD 214 I suggest you apply for a DD 215

I will atach the form for that in next post-if you need it.

If you are not employed you should apply for TDIU-

and Social Security Disability-let me know and I will attach the TDIU form.

I think that lawyer cost you some cash.

I also think the reps advise is wrong-

how can these people overlook your GSW? This is prime facie evidence of a stressor and-as I said-with proof (PH) the VA concedes this as stressors.

I would love to know who there clowns are.

Are the knee residuals in your claim?

I wish I had seen this post sooner- I would have added some of this info to my testimony that is going into the H Veterans Affairs Committee hearing record on Tuesday.

The hearing is about VA Document Mishandling and the shreddergate fiasco uncovered by the IG as found below in separate forum.

That "burned in St Louis Fire" crap is another way in which the VA deliberately strings out claims and denies them in order to take an EP code that makes it appear in their Morning Reports as if they actually worked on the claim.

[Berta]

PS-you can file a com-laint against this lawyer if you can prove he cost you retro.

And you can sue him for negligence.

A lawyer dropped a friend of mine 3 days before his CAVC brief was due.

I gave him the CAVC phone number and he expalined what happened and got more time to file the brief himself.

Then he was contacted by another lawyer who was somehow familiar with his case and this new lawyer is ready to fight for him.

There are lawyers out there who dont know diddly squat about the VA claims process and cannot even prepare a brief properly and then there are those who do exempliary work.

Unless they are repping you pro bono- they should earn their 20% fee by doing their best for you.

PS-you can file a com-laint against this lawyer if you can prove he cost you retro.

And you can sue him for negligence.

A lawyer dropped a friend of mine 3 days before his CAVC brief was due.

I gave him the CAVC phone number and he expalined what happened and got more time to file the brief himself.

Then he was contacted by another lawyer who was somehow familiar with his case and this new lawyer is ready to fight for him.

There are lawyers out there who dont know diddly squat about the VA claims process and cannot even prepare a brief properly and then there are those who do exempliary work.

Unless they are repping you pro bono- they should earn their 20% fee by doing their best for you.

[cvsp]

Thanks for the kind words from all. I will try to respond to the people asking questions so that I might learn better from you all.

I do not see any specific reason from what you have said that the depression will interfere with a CFS claim. However, the best thing to do is go to this link and type in chronic fatigue syndrome into the search option. You can also put "chronic fatigue syndrome" with the quotes. Start reading cases and see how the winners are represented in the desisions. The medical evidence is very important.

http://www.index.va.gov/search/va/bva.html

What happened to PTSD. Refile the PTSD if you feel it is an issue. The depression might be related to the PTSD. What do your doctors say about the depression? Are there any issues why the stressor is being questioned by the VA?

Hoppy,

The current claim is only for depression and devoid of anything else. I think the VSO did this as my medical records since my service are more on the depression. They do link this to PTSD but the overwhelming diagnose is depression in their eyes. There are numerous links in the records to unkown illness as well (the CFS).

I knew I should of read up on the CFS before the C&P. I did read up on it yesterday. It synced perfectly with what the doctor asked me. I am pretty sure passed her diagnosis. Plus she found it diagnosed 4 times in my medical records along with blood tests confirming it.

I am not sure what the VA is questioning. The VSO had me file a couple of statements regarding the worst memories that were causing the PTSD even for the depression claim.

[cvsp]

cvsp

Need to get a little personal but not too personal. What was your C & P for?, was it for depression or CFS? Just want to be sure. Did you get a copy of it from release of information (ROI)? I suggest that from time to time when you go to the VAMC you go to the ROI office and request a copy of your records and treatment if you were treated. Since you went to a C & P, VA should have sent you a letter asking for more evidence and stated that they were going to send you to a C & P and for what, if you never received a letter it should be in the file you got from the local office informing you of the C & P. The good part is you have a copy of your SMRs, make sure you keep a copy of them. Have you went to the VA to see what is actually in your C-File? Do you have a current diagnosis of depression and CFS? Have your recently been treated for depression and CFS by a VA doctor or a private doctor? have you called the 1 800 827 1000 number to ask, what is the effective date of your claim and what claims do you have pending? I have more questions but these will start.

Pete992

I am not sure what the C&P was for. This is the part that worries me as well. The doctor never informed me. Depression was discussed yet the main focus was for the CFS. Doctor did mention that the depression is often caused by the CFS.

I have not been proactive at this at all so I am not even sure what is happening (I plan on changing that). I will assume that VAMC stands for medical center? The letter with the C&P appointment is just that, a letter stating the time and date, nothing more nothing less. I think I need some more help as to where I go for the ROI and the C-file.

I have been treated of late by a private doctor mostly for the depression. They were also looking for the CFS and sent me for just about every test under the Sun while I was admitted a few times. Chasing after what I assume is the CFS. I have been as far as ECT for the depression treetment. To be honest though, I do not think the current treatment mentions CFS. I think they are taking those symptons under the depression.???

I will call the number tomorrow and ask what the effective date is and the claim

[cvsp]

If you were denied based on "Fire Related Case" your rating should have told you that if your SMRs were found you case would be reopened. There is no time limit on locating the SMRs and reopening the case. They should still go back to your original claim. Check your original rating.

I was told this over the phone from the local branch that they were missing in the fire, no letter. Same gentleman advised me to go "look for the records" from within the VA myself. Along with my SMRs they could not find two admissions to a VA hospital. When I asked him as to where I start to look for the medical records he became rude and told me it was my job to find them and not the VAs. I asked if he, an employee of the VA, did not know how or where to start how was I? Even more rude he became and threatened to close my file / case that day if I did not "become more respectful".

This is not the same person that I mentioned earlier calling me a clown. She was a female with a terrible accent that I could hardly understand. I mention this not to bash the VA but to bring forward my reluctance to deal with the local branch.

I am looking the the original claim that was denied as I type this. The only mention of the SMRs is under "Reasons for Decision" where it states "Medical records for the period (enlistment date) to (ETS date) could not be obtained for review". No other mention of the SMRs. There is no original rating I assume? Just a denial.