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?

[cvsp]

Betra,

Thanks again. The letter is from the regional office. It really does not say much except all three claims have been denied. I know I said I only filed for CFS and PTSD but I will assume that they denied me for Gulf War Syndrome I will assume that I did file for that. There is a lot of boiler plate info, but the only part that pertains to me is that they were unable to obtain any medical records.

Strangely the denial for GWS says "is not a bona fide diagnosis" yet the doctor at the C&P seems to think it is as she mentioned that I met the diagnosis for CFS but not GWS. ??? Red Cross does not want my blood due to GWS as well. <_<

The regulation you attached is what I read. I think it is obvious the first claim should be reopened.

As I stand now I have :

1. A claim filed in Sep 2006 for PTSD, CFS and GWS that was denied in June 2007 due to no medical records.

2. A new claim filed in June 2008 just for depression and a C&P last week that seemed to diagnose CFS.

With my situation I think I should call the DAV and see about doing a CUE on the first one due to new evidence? Well not actually new as I sent it to them on numerous occasions, they just never acknowledged it. I have the fear that the new claim for depression will be denied as there is no real diagnose in my SMR. This way I can get the original original claim which is more fitting. (well that and the bonus of the retro). Plus I read somewhere that a CUE can speed up the process. Now I just need to read if I need to do the CUE myself or have the VA do it. If someone does not know then hopefully the DAV will tomorrow.

The problem is or the question is, what will happen to the C&P that was pretty favorable the other day? Can it be transfered over to the other claim?

[Berta]

I had the VA call CUE on itself in 3 weeks-twice-

I just asked them to do that agin but the letter isnt in mail until this afternoon-

But I dont know if you can do that -in your situation-

it is much different than filing a CUE claim against the VA.

ask the DAV what they suggest there.

Are you formally diagnosed with PTSD?

Why didnt the Red Cross take your blood?

Are you anemic or did it have to do with GWS in some way?

What way?

Why did they deny your PTSD claim? Didnt they know you got the PH?

You need a good rep who can go over everything you have.

[Berta]

to add -GWS is not a disability-

"undiagnosed chronic illness " for Gulf War vets is .38 CFR 3.317

Your rep will know what this can entail.

You might even have a presumptive basis under 38 USC 1117.

BTY the VA has had my CUE claim against them since 2004-without proper resolve-

this shows the difference as to whether you can make them acknowledge an error right away or you have to challenge them under a CUE against them.

Did they deny solely due to their statement that they had no records?

If so you can file a Conseration Request under the OCtober Incident Fast Letter # 08-41.

I posted a template here for that available under search or maybe just go back a few pages of claims research and it should be there.

Your rep will have the Fast letter and know how to approach them on that.

[pacmanx1]

cvsp,

If you are thinking of getting help from the DAV, you will probably have to take them all your records and your file so they can review them and then advise you. I know the trip may be inconvenient but the DAV would need a POA (Power of Attorney) to review your C-file unless they mail the POA to you and you mail it back. If the DAV is located with the VA you can then review your own C-file and see what is in it. If anything is missing you can ask the DAV or VA to add it and get a date stamp of receipt so it will be in your C-file before they rate your current claim. Plan in your mind that this may take a good days trip being 2 hours away, talking to DAV, looking through your C-file and getting any questions answered by the DAV.

Pete992

[cvsp]

Berta,

Thanks again for all the help. Yes the claim was denied due to lack of any records.

I just got around to calling the local DAV today. Just found out that none of the officers are in this week due to some training. Great! At least I got registered. Is the DAV the best option for help? I have noticed so many other's offering help? Local help is not available.

I would think that it would be worthwhile to get the VA to acknowledge the error. Is that something I can do with a call or should I just wait to get in touch with the DAV? I am thinking about sending in the Incident Fast Letter # 08-41 . I do not have proof that I sent the SMRs in but I think I might try anyways. Surprisingly though, the VSO I had file the second claim (now gone) had sent in a copy of my SMRs yet the doctor at the C&P still did not have them. When I presented her with a copy she seemed to think it was par for the course. Anybody see a reason as to why I should not file the Letter myself while waiting for the DAV?

Thanks again.

[cvsp]

Pete,

Thanks for the info. Your comments lead me to think that the DAV might not be the best solution? I would more then willing to hear the good and the bad in regards to the DAV. I honestly do not know where else to turn. Other then the outstanding information I have learned here.