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Help - Ptsd & C&p Questions


carlie

Question

I am posting this for a Hadit member that is having some computer glitches right now.

carlie

I am helping a vet in Texas who has the most screwed up claim that I have ever even heard about.

He has a 12-year active dx for PTSD and a C&P dx for PTSD but has been denied for lack of a verifiable stressor.

He appealed the decision to BVA 1,310 days ago on 12-18-2006.

He wrote a letter to NARA and lo and behold they verified his stressor which the RO could have gotten simply by asking.

He submitted verification to the Houston RO.

The Houston RO scheduled another C&P where his dx was changed to Personality Disorder, Depression, and Anxiety disorder NOS.

He continues to get treatment/medications for PTSD at the VA clinic in Corpus Christi, TX His appeal still hasn't been forwarded to the BVA!

In fact, after some blistering exchanges via IRIS, he received ANOTHER SSOC denying SC PTSD stating that he has a verified stressor but doesn't have PTSD.

My question is if a second C&P is legit when he had a C&P after he filed his claim in 2004 ?

Yes he is getting treated for PTSD!

He receives SSDI or he would be out on the street.

Yes, his SSDI is for PTSD!

His SOC and SSOCs are just riddled with misstatements of facts;

wrong unit in VN, wrong location in VN, didn't personally get injured during a fragging in an E-club so couldn't be the stressor,

part of one evaluation cut and pasted into another evaluation years later making it appear that his stories don't jive

but when viewed in their entirety they blend into a classic history of a VN vet trying to get help and being obstructed at every turn.

I was under the impression that once a claim was filed and a C&P was completed, that C&P was married to the claim and appeal.

It is quite obvious what RO Houston is doing.

They have denied his claims for years because of no verifiable stressor (which they didn't even look for) then when he provided the stressor verification,

they change their denial to yes you have a stressor but you don't have PTSD.

Every single mental health care provider he has seen has dx PTSD except for the C&P examiner after his stressor was verified.

Three and a half years after he submitted his VA Form 9 Appeal to he Board of Veterans' Appeals his claim is still in Houston!

Something stinks in Texas!

Thanks for any response and guidance.

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Carlie this is what NOVA lawyers do best cases like this one 80% of the back pay and getting SC for PTSD would be well worth the attorney fees keeping 100% of nothing is nothing I strongly suggest he contact a lawyer any lawyer that handles VA claims as a specialty it does not have to be a NOVA lawyer but some of the best veteran lawyers in the country belong to NOVA

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I concur with testvets opinion. I spoke to a NOVA attorney a few yrs ago and she concluded what I have done up to that point is the same she would have...decision waiting is/remains the outcome process. If not favorable, then she wants the claim, and post this BVA she will probably get it prior to the next level.

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