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Denied For Ptsd In 1984

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winkjo

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Whoops...VARO May Have Done Me a Great Favor!

While continuing to deny my PTSD 100% or TDIU, the RO reminded me several months past that they denied my claim for PTSD in 2006 and in 1984 !!! Well, I literally had let it slip away that VA had actually DENIED "this newer condition called PTSD" way back in '84. I was too boot to the system back then to appeal the claim. Their mishandling of we Nam vets (and other veterans) back then SUCKED big time! It was brutal trajedy the way they screwd over all of us---still is today!

Frustrated by the B. S. I filed bankruptsy and went back to work (walking off jobs or getting fired) up until 2003. Quit my own small business and filed for DIB, claiming PTSD, DM-II + PN, etc. Fought another tough one vs Soc Sec but won netting DIB and a statement from SS ALJ awarding disability due to "severe PTSD" (and physical med issues) as reason for my inability to work gainfully.

A recent PTSD C&P exam netted all that any of us would pray for including inability to sustain gainful employment, prospects of improvement "poor"...nexus between combat exposure and PTSD, etc. Here, my friends of this forum, is where I need your feedback, comments and suggestions: Though I was too uniformed in 1984 to file an appeal vs denial for PTSD , what say you regarding my chances (currently close to RO decision on PTSD case) of an EED retro 1984??? Maybe not pie-in-the-sky??? Would like to hear from ALL !

Thank you & Semper Fi

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I agree on the attorney suggestion and just last week got name and phone of legal beagle from a buddy. Currently have a sure thing on an EED retro 05 if they do PTSD and 4 years if they do TDIU in the next (DAV SO projected) few weeks. My SO called 2 days ago to let me know that DRO is currently near decision, but thinks they are leaning toward TDIU over PTSD. So, I'm at a stand still awaiting the imminent decision, my friend. Thanks for your input.

Winkjo

The quest for the good lawyer. My cousin in Upstate New York is searching for one, and my husband here is starting to talk about getting one too, to help with his NOD.

Where, oh where, do you find the good lawyers?

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The quest for the good lawyer. My cousin in Upstate New York is searching for one, and my husband here is starting to talk about getting one too, to help with his NOD.

Where, oh where, do you find the good lawyers?

Where in the appeal process are you -- RO initial denial, DRO decision denial (still at the RO), the Board of Veterans Appeals, or the Court of Appeals for Veterans Claims?

It makes a difference because it's normally more of a challenge to find a good vet attorney until the appeal reaches the Court, due to the probability of the attorneys receiving payment without a hassle (less of a chance of not getting paid for their work). That said, Berta has always suggested the vet do a search of Court decisions at the Court website to research the lawyers who have won cases (a remand) for their clients.

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The quest for the good lawyer. My cousin in Upstate New York is searching for one, and my husband here is starting to talk about getting one too, to help with his NOD.

Where, oh where, do you find the good lawyers?

Hey Hedgey

Sorry I didnt get back to you sooner...been ill with bronchitis, flu and so on. The attorney that I mentioned has not been proven yet to me because I have not used him here in Arizona. I only plan to use him if my current DRO appeal does not bring acceptable results...either 100% PTSD or TDIU. I have not gotten any positive or negative reports on the attorney my comrade has, so I must refrain at this point to suggest him to anyone. I was almost burned back in 2005 by a Soc Sec attorney, but I wouldn't agree to the "deal" that he wanted me to accept from Social Security. So, thank goodness, he told me he would no longer represent me against the SS. I said "fine", went to my congressman (who could not interfere with the Soc Sec Law Judge's decision, but DID influence the end of a 2-year fight with Soc Sec, a decison fully in my favor for Disabilty Insurance Benefits and several thousand in backpay! There are pros and cons about using a congressman to basically oversee what is happening with a Soc Security or VA fight, but I WILL recommed connecting with a congressman now that the gov has passed legislation in OUR favor for a change! Could help end a longer fight for justice and peace of mind.

Hope this helps you and yours...best of luck, good folks.

Semper Fi

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  • HadIt.com Elder

a group of veteran lawyers can be found thru this website they specialize in veterans law they have quarterly training sessions and call and e mail each other all of the time I have no problem recommending them one of them took my case pro bono in June 2007 and in less than 2 years I had won a case every SO from every veterans group had told me that there was no chance I could win

the lawyer was excellent and I would have happily paid the 20% but they refused to take it citing it would NOT be ethical

http://www.vetadvocates.com/

I learned about them thru the VA watchdog sight run by Larry Scott Ken Carpenter is one of their members and helps many of them when asked for advice I trust them a lot more than I do any SO from any of the VSO's or state agencies

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I am a Navy Vietnam Veteran here. After 3 failed attempts at marriage, 2 failed businesses, and other problems I filed for PTSD in 1992 on my own and of course DENIED. My current VA primary doc referred me to the CBOC clinic shrink and after 4 one hour sessions diagnosed me with PTSD. (2-1/2 yrs ago). I completed the cognitive behavior classes and attend the monthly group. I decided to see my state vets rep and filed for PTSD and was awarded 30% retro to August 2009 after 60 days from getting my exam by the VA contracted doc. My GAF score was 50. I saw an independent psychologist every week since then for 1 on 1 sessions. He has given me a GAF score of 37-39. I filed for a reconsideration this past December 2009, got a second VA contracted doctor exam in February. I have yet to hear back from the VA on my request for reconsideration where I included 3 progress letters from my independent psychologist all stating my GAF score and that I am "totally unemployable and that it may last my entire life". I included letters from the VA and from my state department of labor stating that they are refusing VocRehab because of the nature and extreme of my disability. All of this evidence was also provided to Social Security Disability. I was awarded my SSDI in April, 2010, but have yet to hear back from the VA. My 1 year clock is winding down. Any advice from the elders here or anyone with a similar situation would be appreciated. Please feel free to PM me.

Thank you all for your service and for your concern for our country and fellow vets.

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Hey jc30655,

I posted earlier in this thread. My husband was in a similar position as you and winkjo. What did it was the "gainful employment" part of the Mental Disability regs. He could show that he could not maintain gainful employment from the first claim date right up through the 100% ratings date. He requested a DRO hearing at the same time he submitted his reconsideration. It is during this hearing that he made his case for an EED. He was granted back to 1988 which is when his last gainful employment ended.

Without that DRO hearing he would probably still be running around the VA treadmill trying to get someone to stop and take a look at the evidence. Besides, DRO hearings give you the opportunity to state your claim to a human being that has to stop and actually listen to you. Could be worth a try.

I am a Navy Vietnam Veteran here. After 3 failed attempts at marriage, 2 failed businesses, and other problems I filed for PTSD in 1992 on my own and of course DENIED. My current VA primary doc referred me to the CBOC clinic shrink and after 4 one hour sessions diagnosed me with PTSD. (2-1/2 yrs ago). I completed the cognitive behavior classes and attend the monthly group. I decided to see my state vets rep and filed for PTSD and was awarded 30% retro to August 2009 after 60 days from getting my exam by the VA contracted doc. My GAF score was 50. I saw an independent psychologist every week since then for 1 on 1 sessions. He has given me a GAF score of 37-39. I filed for a reconsideration this past December 2009, got a second VA contracted doctor exam in February. I have yet to hear back from the VA on my request for reconsideration where I included 3 progress letters from my independent psychologist all stating my GAF score and that I am "totally unemployable and that it may last my entire life". I included letters from the VA and from my state department of labor stating that they are refusing VocRehab because of the nature and extreme of my disability. All of this evidence was also provided to Social Security Disability. I was awarded my SSDI in April, 2010, but have yet to hear back from the VA. My 1 year clock is winding down. Any advice from the elders here or anyone with a similar situation would be appreciated. Please feel free to PM me.

Thank you all for your service and for your concern for our country and fellow vets.

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