ptsd Appealling And Trying To Understand Denial Wording. Thanks.

[cowgirl]

Working on my appeal and I am having difficulty understanding the "of rule out" portion of the statement I recieved on my denial; Help anyone? Maybe the word "of" has got my goat, I dont speak legalize often.

"records show provisional diagnosis of rule out PTSD on the basis of your subjective reports of traumatic experience upon PTSD screen" Anyone have a clue? Thanks,CG

[Guest fla_viking]

Dear Veteran

I would guess that when the VA uses the word subjective to decribe your statements regarding PTSD. I would say the word subjective here means your to much in your favor for your own claim. Take the word "OF" out of that sentanvce and you got "rule out". What they are saying your statments are to prejudice for your own claim that they rule out any ruling in favor of your claim.

I bet the VA used that word just to cause you worry and confusion about your claim. The more the RO can complex your case and cause you head aches. The bigger change years down the road you will be so fed up that you will just drop the whole thing.

Terry Higgins

[bigvic]

I was going to say the same thing, take the word OF out and you got it.

Bigvic...

[Berta]

I feel this is key to the denial:

"of rule out PTSD on the basis of your subjective reports of traumatic experience upon PTSD screen"

They need proof of inservice traumatic event-not just subjective reports-and it appears that they are not diagnosing PTSD.

You will need any evidence that is in your SMRs, or any other personnel records of this traumatic event.

Also it does not hurt to try to get buddy statements from your former unit ,even your former CO, as to what happened.

If this involved others and generated a police report or some documentation to that affect-that too is proof of stressor.

[Kirk]

I suspect that if you saw the form letter they use to write denials and grants of claims the of rule out would look more like of/rule out and the employee typing is susposed to be smart enough to use "of" or "rule out" and in your case just copied the sentence as written.

[Testvet]

cowgirl, in Jan 2003 my shrink had rule out PTSD in my file, they sent me for testing thru the diagnostic team, they use the term when there is a doubt to the actual problem, but after the MMPI tests and the other BS and the intervies, they diagnosed me with PTSD, and I have had GAF ratings of 30-35 ever since, it appears they are using preliminary medical sheets, have you received the diagnosis of PTSD, confirmed, do you have the proof of the stressor, file a NOD based on your evidence not theirs, get a date stamped copy back of the NOD, I hand carry my stuff into the VARO and give a CC to the DAV SO, if I trusted them to file it, I might still be waiting for my claim to be approved. Do it yourself and give them copies of stuff you submit, they yell a bit but it is your claim, not theirs. Do not let any deadlines get missed or you will have to start all over, I kept mine alive and just received the back pay check, it only took from June 2002 until April 3 2006, so it is doable, just don't quit. Mike PS I am now 100% P&T first they gave me 50% and I appealed that low ball rating to, just don't quit that is how they win. Mike

[john999]

Cowgirl

Your self report suggests you may have PTSD. It is up to the VA rule out PTSD based on evidence for or against PTSD. If you have documentation to support a disgnosis of PTSD such as an in-service stressor then they should rule/In PTSD. My self reports always suggest I have depression but I see a VA psychiatrist anyway and am TDIU so that is as far as it goes.