ptsd Grrr - I Got Another Rubber Stamp Denial

[akwidow]

AMC came through with a SSOC in todays mail. Once again, I am denied for DIC.

They did not list my evidence. (spoilation?) Rubber stamp again!

They did not address my issue - that PTSD contributed to my hubbys death. (denial made while not condiserating my position)

As an aside, they mentioned the DVD I sent them with the second set of papers but did not list the evidence, and never mentioned the original documents I sent...(spoilation?)

I have thirty days to respond, which I will, with the full gamut of information I have already supplied. They said if I do not respond within 30 days, they will send the file back to the BVA. Is that good for me or bad?

GRRR I am angry.

Should I ask for a reconsideration, or make a NOD?

I had already connected the dots, supplied IMO for PTSD, and copied them with their documents pertaining to his PTSD.

My friends here are telling me to get out of the loop and get congressional intervention, even though I told them about the retribution that it can cause.... any thoughts?

Thanks, please forgive me for venting,

AkWidow

[akwidow]

Wings - I still did not pull out the court decision, but now I understand what you mean. The Court basically told the BVA to tell me why my evidence did not count, and to make sure I received the VCAA information.

I had claimed that my husband died of colon cancer with a secondary of PTSD...his avoidance caused him to neglect his health.

No, AMD did not develop or discuss the EED PTSD or Asthma issues; there is no mention of them. This would be a CUE? I plan on cue-ing the earlier denied decisions in his file. That is a lot of CUE!

In this current denial they listed none fo the additoinal information I sent them TWICE, and and provided no evidence section in the SSOC. They still did not tell my why my evdence did not count.

In another thread, Carlie said in part "It is important to study the Reasons and Bases Section of the Rating Decision that you are filing the NOD on, (I am assuming here that you filed a NOD). The Reasons and Bases Section, along with the Evidence Section are usually very helpful in preparing your appeal, in the way that they will point to what is needed in order to get the claim granted."

After I read the above noted thread, I saw under Reasons and Bases in my SSOC dated October 20, 2009 the following:

As noted, the Board of Veterans Appeals remanded your appeal for additional evidential development, in pursuant ot the Veterans Claims Assistance Act (VCAA) notification, evidential development, and readjudication.

On April 4, 2008, we sent you a VCAA development letter asking you to submit and/or specify evidence to support your appeal. To date, we have not receibed any response and/or additional evidence from you, in support of yor appeal, to our request.

We received a letter requesting additional records for the veteran's medical care in Vietnam in 1968. We responded to your letter on April 11, 2008. We received your letter and DVD. We made prints from the DVD you submitted. Upon review of the prints (documents it is determined as not pertinent to the issues on appeal.

This is the exact wording and punctuation of the R&B section. See the last section? Everything I sent addressed PTSD. How can that evidence not be pertinent?

There is no evidence section.

They did not deny my claim of PTSD as a contributory cause of death, they only denied that colon cancer is not SC. I already knew that.

I had sent 170 pages of evidence to them after the Court remanded my claim for further development. I sent the DVD as a second copy of the evidence a year later just to cover my a**, all data sent return receipt. The evidence included doctor nexus letters, and a dot by dot of history of my vet's avoidance to medical care, exhibited in chronic and acute treatments only. There was other important evidence.

This is no different than the earier denials...they must think I am stupid! And they did an even worse job of looking at the new evidence (if they even did) because they did not list it! I feel my case is stronger than ever....

As far as the hearing loss claim goes, I don't ever expect to see anything meritous from that...especially after reading the posts here. Since he did not file for tinnitus, it is moot.

[Wings]

Wings - I still did not pull out the court decision, but now I understand what you mean. The Court basically told the BVA to tell me why my evidence did not count, and to make sure I received the VCAA information.

I had claimed that my husband died of colon cancer with a secondary of PTSD...his avoidance caused him to neglect his health.

Wow, you have a difficult claim! Have you ever read anything similiar at the BVA or Court? When I read the BVA Remand to the AMC, I do not see this Issue (colon cancer secondary to PTSD) as being currently before the Board. What I do see; as I have already stated, are the Issues of Asthma, increased PTSD and hearing loss. But I do not doubt your claim; on the contrary, I have one close NamVet who has gone through two heart-attacks with bypass surgery and only recently has had bowel cancer, resection surgery and a cholostomy. He was exposed to Agent Orange as a grunt, and his only biological son just recently dies of colon cancer. His claim has been before the BVA for over 10 years. The VA has yet to grant colon cancer, presumed related to Agent Orange. It is a travesty of justice. But I do see where you are going with your claim, and feel it is worthy.

No, AMD did not develop or discuss the EED PTSD or Asthma issues; there is no mention of them. This would be a CUE? I plan on cue-ing the earlier denied decisions in his file. That is a lot of CUE!

No, unfortunately, this is not CUE. CUE is a very specific type of claim, and only involves an actual Decision, not the failure to develop evidence.

In this current denial they listed none fo the additoinal information I sent them TWICE, and and provided no evidence section in the SSOC. They still did not tell my why my evdence did not count.

In another thread, Carlie said in part "It is important to study the Reasons and Bases Section of the Rating Decision that you are filing the NOD on, (I am assuming here that you filed a NOD). The Reasons and Bases Section, along with the Evidence Section are usually very helpful in preparing your appeal, in the way that they will point to what is needed in order to get the claim granted."

After I read the above noted thread, I saw under Reasons and Bases in my SSOC dated October 20, 2009 the following:

As noted, the Board of Veterans Appeals remanded your appeal for additional evidential development, in pursuant ot the Veterans Claims Assistance Act (VCAA) notification, evidential development, and readjudication.

On April 4, 2008, we sent you a VCAA development letter asking you to submit and/or specify evidence to support your appeal. To date, we have not receibed any response and/or additional evidence from you, in support of yor appeal, to our request.

We received a letter requesting additional records for the veteran's medical care in Vietnam in 1968. We responded to your letter on April 11, 2008. We received your letter and DVD. We made prints from the DVD you submitted. Upon review of the prints (documents it is determined as not pertinent to the issues on appeal.

This is the exact wording and punctuation of the R&B section. See the last section? Everything I sent addressed PTSD. How can that evidence not be pertinent?

There is no evidence section.

They did not deny my claim of PTSD as a contributory cause of death, they only denied that colon cancer is not SC. I already knew that.

I had sent 170 pages of evidence to them after the Court remanded my claim for further development. I sent the DVD as a second copy of the evidence a year later just to cover my a**, all data sent return receipt. The evidence included doctor nexus letters, and a dot by dot of history of my vet's avoidance to medical care, exhibited in chronic and acute treatments only. There was other important evidence.

I really concur with the other Hadit members, that you need to hire an attorney --somehow you have got to keep your DIC Claim narrowed and focused. Without seeing the Nexus Letters from M.D.s, I would think that for the AMC to ignore that kind of medical evidence is only too typical, after all, the AMC folks are NOT medical doctors . . . I hope otehrs will chime in. Hire an attorney. Stay within your 30 day window, and get your NOD in the mail!!! ~Wings

This is no different than the earier denials...they must think I am stupid! And they did an even worse job of looking at the new evidence (if they even did) because they did not list it! I feel my case is stronger than ever....

As far as the hearing loss claim goes, I don't ever expect to see anything meritous from that...especially after reading the posts here. Since he did not file for tinnitus, it is moot.

[akwidow]

Don't you worry about me - I will get that NOD in the mail on time if it is the last thing I do.

I have a telephonic appointment with Kenneth Carpenter on Nov. 12. My 30 days is up on November 20, or the 19th if we split hairs as October has 31 days. I have plenty of time to write a simple NOD and will do so asap.

Thanks for your time and your caring...

[akwidow]

Well, I got the file boxes back out to start again with fresh eyes. First thing I looked at was his rating decision from 2003 where they granted 50% for PTSD. I glanced down at the denied shrapnel wounds list, hearing, and cancer claims via AO, and I found the presumptive denial of course for colon cancer 7344 (BTW, 7344 is for Benign neoplasms of the digestive system) hmmmm....how can a benign neoplasm be colon cancer?

Further on down the list I found 7913 which they titled Exposure to Agent Orange. I looked up the code and it is for DMII! He never made a claim for DMII, but they denied him anyway! Since I have found sympotoms of DMII I was going to pursue that, so didn't they open the door for me?

Like I said in other posts, I can't thank you folks here enough for the education I have received since I found you early this year....and if my guy were still alive he would be thanking you too.

[Wings]

Don't you worry about me - I will get that NOD in the mail on time if it is the last thing I do.

I have a telephonic appointment with Kenneth Carpenter on Nov. 12. My 30 days is up on November 20, or the 19th if we split hairs as October has 31 days. I have plenty of time to write a simple NOD and will do so asap.

Thanks for your time and your caring...

AK Widow, What a beautiful photograph of your husband, I'm sure you miss him everyday, and he would be proud of you for continuing the fight. I think you are doing the right thing by Ken Carpenter --he is THE MAN for PTSD veterans. I would not worry too much about the AMC, they did not follow the Remand instructions and the BVA will have to lay it out for them step by step. I'm not sure, but I would think Carpenter could file a Writ of Mandamus on your behalf. We are all here, and have your back. ~Wings

[carlie]

ak,

What a photo shot and a handsome man.

Here's some hugs -

O O O O O