What Does (your Claim Has Ended Mean)?

[les]

I was told my claim for GAD ended 6/8/09. I then ask do you mean it was closed, He said it wasn't closed it was ended. I heard a lot of replys but never that one. He said I would have to wait for the decision to come in the mail. Has anyone ever been told that and what does that mean?

[LarryJ]

It means that they have "finished"/"ended" working on your claim.

You will receive their decision in the mail.

[broncovet]

Warning!! Warning Will Robinson, Danger Danger!

If your claim has "ended" and you got NO decision, you have just been ripped off by your regional Office.

This means your claim has been "secretly" denied. Its a trap!

If you do not appeal this NON decision, and the year passes, their NON decision becomes final!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

And, you loose your claim. The Cleveland Regional Office tried to pull this crapola with me. Do not, repeat, do NOT let them do this to you. EVER!

File a "Notice of Disagreement" immediately. It probably also means that you are a victim of shredding.

The VA has probably shredded your claim, and if you dont "notice" it, they quietly go away and deny your benefits.

The VA can deny your benefits if they consider the claim "abandoned". Look it up.

Then, file a "Special handling Request" due to shredded evidence.

The VA will deny until the cows come home that they do this, but they did it to me, and I caught it out of pure luck and persistance.

They are not supposed to be able to do this..but they do anyway.

In your NOD, state to the effect that you submitted a claim on ............... Date, and according to (IRIS email or other source, such as a phone call), that your claim has ended. State that you are entitled to a decision on the claim, and that, you have NOT, in fact, abandoned your claim, that the termination of the said claim was not due to the Veteran, but, rather, to Regional Office Error.

RO's get away with this because:

1. Vets dont know their decision was secretly denied.

2. They dont know what to do when it happens.

3. There is no accountability, ever, when the VA violates its own regulations EXCEPT when a Veteran protests it, he Might "win" benefits that are already entitled to him UPON APPEAL ONLY! NO APPEAL = NO benefits unless you have received an award!

4. The Va has gotten so skilled at delaying claims, Vets expect their claim to take years. Then they can "slip in" this secret denial!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Edited June 10, 2009 by broncovet (see edit history)

[carlie]

I was told my claim for GAD ended 6/8/09. I then ask do you mean it was closed, He said it wasn't closed it was ended. I heard a lot of replys but never that one. He said I would have to wait for the decision to come in the mail. Has anyone ever been told that and what does that mean?

les,

1) When was your claim for GAD filed ?

2) did you have a C&P for GAD ?

3) who told you the above information ?

carlie

[Pete53]

You probably should call and make more inquiries until they tell you what they have done,

[broncovet]

The VA will never use the word "Secretly Denied", they want to attach a label of "the Veteran is out of his mind" if he uses those words. They can label the Veteran as a "conspiracy theorist" and discredit anything the Veteran says (which they already do anyway).

The courts use the term "Deemed Denied" instead. I did a search on "deemed Denied" on hadit and there are pages and pages of hits.

As it sits right now, the VA can legally just blow you off, using the following loophole to cheat you out of benefits:

You apply for 3 benefits. The VA makes a decision on one, and does not address the others.

You get mad, hire an attorney.

The VA says you are no longer entitled to certain protections once you engage and attorney, and that your claim was "deemed denied" and, since you did not appeal, the appeal period has expired on this Non Decision.

This "trick" needs to go in the Veterans Dirty Trick Book. WE assume that the VA owes us a decision once we apply for benefits. The VA, on the other hand, assumes that if they can delay the claim 6 months, a year, or more, why stop there? Why not delay the claim forever?

Edited June 10, 2009 by broncovet (see edit history)

[les]

Carlie, My claim started in early 2006 as ptsd. I had a c&p with a Psychologist Sept. 2006. His closing statements were, He does not meet the criteria for ptsd, but he qualifies for a major depressive disorder, mild to moderate. Axis 1 major depressive disorder, mild to moderate. Axis 2 Dependent personality disorder. axis 3 refer to medical charts. Axis 4 severe psychosocial stressors. axis 5: 55. The c&p also states There is evidence that these symptoms are more likely related to his military service than subsequent enployment. My dav rep filed to reopen my claim under Gad. I began being treated at Lebanon Pa. Va med center in 2004 with celexa for my depression and have been on ssd since 2004 and one reason was for deppression. Carlie I did not have a c&p for Gad and that is why I wonder why The Philly Ro said the claim has ended. I also sent the vcaa notice i about i month ago. Thanks to all who responded! Les

Edited June 12, 2009 by les (see edit history)

[carlie]

Carlie, My claim started in early 2006 as ptsd. I had a c&p with a Psychologist Sept. 2006. His closing statements were, He does meet the criteria for ptsd, but he qualifies for a major depressive disorder, mild to moderate. Axis 1 major depressive disorder, mild to moderate. Axis 2 Dependent personality disorder. axis 3 refer to medical charts. Axis 4 severe psychosocial stressors. axis 5: 55.

les,

Was your 2006 claim for PTSD denied and did you file a NOD ?

It does seem to me that VA would need a more updated c&p than 2006.

When you look below to see what Axis III is for, and your doc states refer to medical charts,are the conditions in your medical charts already SC'd ?

The c&p also states There is evidence that these symptoms are more likely related to his military service than subsequent enployment.

les,

I see the above statement as the c&p examiner stating "evidence more likely related to

his military service" but did they examiner support this statement with any medical rationale,

Examples: SMR dated XX/XX/XXXX - shows mental health counseling report or

SMR's dated XX/XX/XXXX show veteran RX'd .5 mg valium 3 X daily for __________.

My dav rep filed to reopen my claim under Gad. I began being treated at Lebanon Pa. Va med center in 2004 with celexa for my depression and have been on ssd since 2004 and one reason was for deppression. Carlie I did not have a c&p for Gad and that is why I wonder why The Philly Ro said the claim has ended. I also sent the vcaa notice i about i month ago. Thanks to all who responded!

les,

When did your rep re-open your claim under GAD and was new and material evidence

presented in order to allow a re-open ?

les,

Who told you, "I was told my claim for GAD ended 6/8/09".

carlie

I am posting the below for reference and just sharing information.

I borrowed the information below from another web site:

Axis I thru 5 and GAF's

Axis I: MDD is Major Depression, Recurrent with Secondary condition of Post-traumatic Stress Disorder. Clinicians always list the first disorder in Axis I as Primary

Axis II: Personality and Developmental Disorders

Axis III: Medical conditions that are related to your Axis I issues (DJD is Denegernative Joint Disease)

Axis IV: Psychosocial Stressors and should include the severity of them ex: 3-Moderate; 4-Severe

Axis V: Global Adaptive Functioning (GAF: Present (which is 62)

and should also include Higest GAF Past year:

-------------------------------------------------------------------------------------------

A full diagnostic example is as follows. There are varieties of how they are written, but this is the universally accepted model:

Axis I: Major depression, recurrent without psychotic features (Primary)

Generalized Anxiety Disorder (Secondary)

Axis II: Borderline Personality Disorder or None

Axis III: Ulcers and heart problems (usually medical problems that contribute to the mental disorder)

Axis IV: Psychosocial Stressors: Lose of employment and child abuse

Severity: 1 None; 2 Mild; 3 Moderate; 4 Severe; 5 Chronic

Axis V: Current GAF: 50

Highest GAF past year 60

GAF : Is referred to as Global Assessment of Functioning. This is a scale from 1 - 100 suggesting a pattern of behavior at any given movement in time. GAF is a fluid score and is never static (think of your blood pressure when applying GAF). The lower the score more problematic behavior becomes.

[les]

I got my decision today. Denide, It's off to the bva next. Thanks for you help! Les

[broncovet]

Les

Dont forget about the possibility of a DRO Review. You can elect that on your NOD. Why should you elect a DRO REview? Well, because it is one more set of eyes that can award your benefits.

DRO Officers are more experinced than regular raters. So they can sometimes fix errors there.

I was awarded benefits in a DRO review.

Some say that the DRO review is a carbon copy of the decision. For me, at least, such was not the case.

[Pete53]

Les:

Sorry, know that you are disappointed but keep on fighting

[Rockhound]

Was everthing denied in your claim? What was their reason and basis for their denial? If I were you, I would be looking for and IMO on each of your claimed items and don't forget that the IMO Drs must have access and review of all the material the Rater had in their decision.

I'm really interested in their rationale for denying your claim, with what your C&P showed, you should have been awarded for at least one of the conditions and/or both. Not sure about the GAD decision, not enough information to comment on it.

Don't get discurraged, keep looking for evidence to support your claim and keep up to date on all the filing and closing dates.

Rockhound Rider :D

[broncovet]

Les

Delays and denials are the VA way. Pretty much all of us here have been denied at least once. I have been denied 4 times, 3 of these were AFTER the BVA awarded me

"a complete grant of benefit sought", with the Regional Office decisions in direct conflict with the Board of Veterans Appeals. Regulations are a tool which the VA REgional Offices use to apply at their discretion in order to deny your benefits. They follow regs when it is convenient, and when it isnt, they dont. YOu have to nail them when they dont.

I won my claim out of persistence and determination, hadit knowledge, and appeals.

Hang in there. We have all been there.

Edited June 12, 2009 by broncovet (see edit history)

[les]

They claim I didn't send in any new info to reopen my claim. I did send in info by return reciept. All I had to send in was, I was still being treated by the antidepresent med celexa, and I also sent in a letter by my ex wife stating I was at the airplane crash site as she was herself taking me there. It,s the same old BS like my other claims that were just awarded 2 weeks ago by the BVA. It took 7 years to get them awarded. My dav rep is like a rubber stamper. Thanks all! Les

[MikeR]

Is there a DRO for the BVA?

[carlie]

MikeR,

There is no DRO at the BVA level.

carlie