ptsd Iris Response

[luvHIM]

I sent an IRIS that has taken over two weeks to get a response on. The IRIS was inquiring about my claim for PTSD and its status.

I received the response back today from the VSCM indicating that the claim has been decided and is closed. I will receive the "notification" in another couple of weeks.

What the heck???????

I have never received anything on this claim...no notice that they were even working on it. I have never had a C&P exam. Nothing.

The response stated that my records was reviewed and they were able to make a decision based upon the review of my records.

I have no clue what that means. I can't get in touch with NSO. Can anyone offer an opinion of what might be happening.

[luvHIM]

If the stressor can not be verified you will not get a C&P exam. Is this a BDD claim? Remember they fall under different rules!

Sharon, enlighten me...what is a BDD claim? As already stated, the stressor was verified before I even filed my claim for PTSD because it was being noted as the nexus for my current medical condition.

[sharon]

Sharon, enlighten me...what is a BDD claim? As already stated, the stressor was verified before I even filed my claim for PTSD because it was being noted as the nexus for my current medical condition.

BDD is Benefit Delivery at Discharge. You enter the program 6 months before you get out of the military. The majority of you claim is already done before you are discharged.

[luvHIM]

BDD is Benefit Delivery at Discharge. You enter the program 6 months before you get out of the military. The majority of you claim is already done before you are discharged.

OH, okay...no. BDD is not applicable to me.

[luvHIM]

talk with rep at 800# this AM and was told that appeal is still being worked. No record in system of awards, as yet. Indicated that claim file is still with DRO and being worked but no PTSD claim is showing so may have been put with everything else that is still pending right now.

He did say that if IRIS response said a couple weeks for answer it is more than likely that PTSD claim was granted because it doesn't take a couple of weeks to send a denial letter.

We'll see because without being able to speak with NSO, I just have to wait. But if you still think you can offer some assistance, MEDDAC, that would be great. Thanks.

[luvHIM]

Well according to the info that follows (which I did get off Hadit) I believe I've pretty well answered my inquiry on here.

I absolutely know without a doubt that my SMR's are filled with treatment and hospitalizations for anxiety and depression. I also know that the noted infection is in my records and I have copies of my MH records from VA.

So, based on what I retrieved from here at Hadit, my claim had to be granted. Otherwise, RO would have had to work it and send me out something indicating what other info they needed. I'm feeling confident it was granted.

Here's what I got from Hadit:

VA must also make reasonable efforts to assist the claimant in obtaining evidence necessary to substantiate the claim for the benefit sought, unless no reasonable possibility exists that such assistance would aid in substantiating the claim. 38 U.S.C.A. § 5103A; 38 C.F.R. § 3.159.

In determining whether the duty to assist requires that a VA medical examination be provided or medical opinion obtained with respect to a veteran's claim for benefits, there are four factors for consideration. These four factors are: (1) whether there is competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) whether there is evidence establishing that an event, injury, or disease occurred in service, or evidence establishing certain diseases manifesting during an applicable presumption period; (3) whether there is an indication that the disability or symptoms may be associated with the veteran's service or with another service-connected disability; and (4) whether there otherwise is sufficient competent medical evidence of record to make a decision on the claim. 38 U.S.C.A. § 5103A(d) and 38 C.F.R. § 3.159©(4). With respect to the third factor above, the Court has stated that this element establishes a low threshold and requires only that the evidence "indicates" that there "may" be a nexus between the current disability or symptoms and the veteran's service. The types of evidence that "indicate" that a current disability "may be associated" with military service include, but are not limited to, medical evidence that suggests a nexus but is too equivocal or lacking in specificity to support a decision on the merits, or credible evidence of continuity of symptomatology such as pain or other symptoms capable of lay observation. McLendon v. Nicholson, 20 Vet. App. 79 (2006). IV. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge when all of the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). To prevail on the issue of service connection, there must be medical evidence of a current disability; medical evidence, or in certain circumstances, lay evidence of in-service occurrence or aggravation of a disease or injury; and medical evidence of a nexus between an in-service injury or disease and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999). The chronicity provision of 38 C.F.R. § 3.303( is applicable where the evidence, regardless of its date, shows that the veteran had a chronic condition in service or during an applicable presumption period and still has such condition. Such evidence must be medical unless it relates to a condition as to which, under the Court's case law, lay observation is competent. Savage v. Gober, 10 Vet. App. 488, 498 (1997). In addition, if a condition noted during service is not shown to be chronic, then generally a showing of continuity of symptomatology after service is required for service connection. 38 C.F.R. § 3.303(;). A. PTSD Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304(f). The evidence necessary to establish the occurrence of a recognizable stressor during service to support a diagnosis of PTSD will vary depending upon whether the veteran engaged in "combat with the enemy." If the veteran engaged in combat with the enemy and her alleged stressor is combat-related, then her lay testimony or statement is accepted as conclusive evidence of the stressor's occurrence, and no further development or corroborative evidence is required - provided that such testimony is found to be "satisfactory," i.e., credible and "consistent with circumstances, conditions or hardships of service." See 38 U.S.C.A. § 1154(http://www.hadit.com/forums/uploads/emoticons/default_angry.png' alt=':angry:'> (West 2002); 38 C.F.R. § 3.304(f)(1); Zarycki v. Brown, 6 Vet. App. 91, 98 (1993). If, however, the alleged stressor is not combat related, then the claimant's lay statements, in and of itself, is not sufficient to establish the occurrence of the alleged stressor. See Dizoglio v. Brown, 9 Vet. App. 163, 166 (1996). Instead, the record must contain evidence that corroborates the statements. See Cohen v. Brown, 10 Vet. App. 128, 147 (1997); Moreau v. Brown, 9 Vet. App. 389, 395 (1996); see also Zarycki, 6 Vet. App. at 98, Doran v. Brown, 6 Vet. App. 283, 289-290 (1994).

[livingrock21]

luvHIM,

I sure hope that your right. That'd be fantastic!