ptsd Spoke To The Bva

[MikeR]

Spoke to the BVA today and they tell me a letter is on the way ref my PTSD claim as the decision was made yesterday. Now since they made the decision yesterday and are mailing out the letter today and am pretty certain that it is a denial. They are sending my ankle portion back to the AMC so I guess the Nexus letter/IMO and repackaging the evidence never hurts. Wondering after 11 years and am very drained on this fight. Have a diagnosis and take my meds for PTSD and comorbid depression. Should I hire the lawyer for the NOD, or just file a claim for Depression?

Mike

[carlie]

Spoke to the BVA today and they tell me a letter is on the way ref my PTSD claim as the decision was made yesterday. Now since they made the decision yesterday and are mailing out the letter today and am pretty certain that it is a denial. They are sending my ankle portion back to the AMC so I guess the Nexus letter/IMO and repackaging the evidence never hurts. Wondering after 11 years and am very drained on this fight. Have a diagnosis and take my meds for PTSD and comorbid depression. Should I hire the lawyer for the NOD, or just file a claim for Depression?

Mike

Mike,

I would just hang on and do nothing for a week or so and wait for the letter

to see what it actually says.

jmho,

carlie

[john999]

It could be a remand with no real decision on the rating. Yes, just wait for the letter. It is good if possible to get out of the BVA/Remand/BVA cycle. More evidence is one way to do that.

[MikeR]

Right, I don't have the letter yet. The ankle stuff is back at the AMC, so I am wondering what that remand will say.

[Berta]

If the BVA denied the PTSD claim- you have option of filing with the US CAVC and there are many lawyers-listed at the CAVC site-who could help you.

I sure hope it isnt a denial.

You need PTSD diagnosis and current treatment records- which it appears you have. Were you fully able to prove the nexus-the stressor event that caused the PTSD? If so-it seems to me that maybe they made an award-

still one can never assume anything- the letter will tell everything.

By now the JSRRC had plenty of time to validate your stressor-they should have done that before the claim even went to the BVA.

Do you know if the JSRRC did verify it?

Or did you have buddy statements to verify the stressor?

What reason did the VARO deny the PTSD claim for?

Edited August 14, 2009 by Berta

[MikeR]

If the BVA denied the PTSD claim- you have option of filing with the US CAVC and there are many lawyers-listed at the CAVC site-who could help you.

I sure hope it isnt a denial.

You need PTSD diagnosis and current treatment records- which it appears you have. Were you fully able to prove the nexus-the stressor event that caused the PTSD? If so-it seems to me that maybe they made an award-

still one can never assume anything- the letter will tell everything.

By now the JSRRC had plenty of time to validate your stressor-they should have done that before the claim even went to the BVA.

Do you know if the JSRRC did verify it?

Or did you have buddy statements to verify the stressor?

What reason did the VARO deny the PTSD claim for?

Berta,

The letter came to the house. Well, the denial was made. I was pretty sure we had everything, but it was not good enough. They say yes, I have PTSD, but since I didn't have a CIB, or Purple Heart etc I am not a Combat Vet, and the evidence I did provide was not good enough for them. The bright spot was my ankle stuff that the AMC denied was remanded back to the AMC for readjudication. So if these are on the same claim can they be separated out and the PTSD claim be advanced? Also, since I can show that I was treated for depression on active duty should I apply for it now? I know the difference in back pay is huge, but at some point it feels all up hill.

Thanks

Mike

[Berta]

"Also, since I can show that I was treated for depression on active duty should I apply for it now?"

ABSOLUTELY! This is a shame that you did not claim depression from the git go-

I assume you have a current depression diagnosis and that the SMRS reveal the nexus (link)to your service.

Was depression ever stated at all in the PTSD claim?