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Denied. Dav Not Interested?


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Okay claims for PTSD and Bi-Polar were denied, which is what I expected since it is the VA.

I claimed SC for the BP and they stated there is no SC. I was first diagnosed with the BP after 5 months out of active duty (AD). But, I was still in the guard. Still they said there is no evidence of the condition worsening when I went back on active duty and then went to Iraq.

PTSD, the VA agrees I do have PTSD but they say there is no connection to it being military related. I should point out here that I did submit evidence from my VA doctors, including the paperwork from the PTSD counseling, which states "PTSD due to service in Iraq." I also included orders for Combat Action Badge (CAB) during one particular bloody incident in June, 2005. The VA claimed they set me up with an appointment to see an outside doctor in April 2010. However I never received a letter or phone call or e-mail telling me of the appointment, naturally I missed it. Recently I was told this is incorrect as the VA psychiatrist/psychologist's assessment is sufficient evidence of PTSD.

I am now wondering what route to take. Before I began this claim by rep at the DAV told me he could not help me with my claim. He did tell me it took him 5 years to get his claim approved. He told me to seen the mobile van that goes around various locations. I did. I was then told that I should see the DAV rep at the local VA hospital. I told him my story, he shook his head and told me would represent me. Of course by this time my claim was already filed.

1. Should I now contact the DAV rep. at the hospital who wants to help me.

2. Should I contact a lawyer?

3. Should I also contact my congress man who is veteran friendly?

I do not know what step/s to take, so any suggestions would be great.

Thanks to all, Craig.

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The first thing I would do is contact the VA hospital and make sure they have my current address and ask them if I had missed a C & P exam. You can try to see a county service officer to help you with your claims, even if you have to drive to another county they will try their best to help you.

Best Wishes and Hope This Helps

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Pete thanks, I shall do that. I shall ask specifically if I missed the C&P exam. I also should point out that I missed a PTSD exam(could not find the office in 2007) by a civilian psych in 2007. I know that ,and this latest appointment cannot look good. I am quite certain(but I will definitely check) that the VA hospital have my address as I have regular appointments there and receive regular letters from the clinic.

The first thing I would do is contact the VA hospital and make sure they have my current address and ask them if I had missed a C & P exam. You can try to see a county service officer to help you with your claims, even if you have to drive to another county they will try their best to help you.

Best Wishes and Hope This Helps

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  • HadIt.com Elder

The VA recently changed the "rules" for service connection of PTSD. Per the new rules, you have the VA's doctors saying that you have service connected PTSD. (And they are the "sole" authority by the rules.) You could ask for reconsideration, submit a new claim, or appeal the original claim.

Which course of action to take as being the most likely to work out favorably is the real question. For want of a better method, I'd guess that filing a new claim under the new rules might produce quicker results. With an award in place, I'd then if necessary, request on appeal, an earlier effective date.

In theory, you can do all three at the same time, although it's likely to cause utter confusion and delay on the part of the VA. It doesn't take much, as the VA has problems with straight forward, simple claims. Obviously the "new claim must include the VA's PTSD diagnosis and opinion that it's service connected to your Iraq service. A "good" lawyer can help, and a bad one hurt. As to the HBP,once PTSD is service connected, you may be able to get an opinion that it is related to PTSD. The VA likes to deny HBP any way it can, including a C&P "diagnosis that the HBP is "essential".

Okay claims for PTSD and Bi-Polar were denied, which is what I expected since it is the VA.

I claimed SC for the BP and they stated there is no SC. I was first diagnosed with the BP after 5 months out of active duty (AD). But, I was still in the guard. Still they said there is no evidence of the condition worsening when I went back on active duty and then went to Iraq.

PTSD, the VA agrees I do have PTSD but they say there is no connection to it being military related. I should point out here that I did submit evidence from my VA doctors, including the paperwork from the PTSD counseling, which states "PTSD due to service in Iraq." I also included orders for Combat Action Badge (CAB) during one particular bloody incident in June, 2005. The VA claimed they set me up with an appointment to see an outside doctor in April 2010. However I never received a letter or phone call or e-mail telling me of the appointment, naturally I missed it. Recently I was told this is incorrect as the VA psychiatrist/psychologist's assessment is sufficient evidence of PTSD.

I am now wondering what route to take. Before I began this claim by rep at the DAV told me he could not help me with my claim. He did tell me it took him 5 years to get his claim approved. He told me to seen the mobile van that goes around various locations. I did. I was then told that I should see the DAV rep at the local VA hospital. I told him my story, he shook his head and told me would represent me. Of course by this time my claim was already filed.

1. Should I now contact the DAV rep. at the hospital who wants to help me.

2. Should I contact a lawyer?

3. Should I also contact my congress man who is veteran friendly?

I do not know what step/s to take, so any suggestions would be great.

Thanks to all, Craig.

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File a new claim for PTSD. Under the new rules a review of you medical records should be enough. However, I would also have my Dr. write a nexus letter. Since we have no denial under the new system we'll have to give them a change before we make judgement. Remember the new system is for combat PTSD. Once it is approved address an earlier effective date. Good Luck!

Edited by sharon
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  • HadIt.com Elder

File one new claim for your PTSD. I feel the new regulations in place for PTSD and the fact that your service was in Iraq, would be a blessing to your claim. The VA may have done you a favor. Then, as Chuck suggests, you can file for an Earlier Effective Date, AFTER you succeed in your PTSD claim.

If I could read your denial for the Bi-polar I could maybe give you a few suggestions.

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  • HadIt.com Elder

These new rules for PTSD really put a fly in the ointment. Are we really sure that only the VA can have the last say on a PTSD DX? As Larry was saying this puts the kabosh on IME's and IMO's to try and rebutt VA denials of PTSD. You can be loaded down with CIB's and three PH's and a Silver Star and the VA can still deny the PTSD DX. Many of us here would not have 100% or IU without IMO or IME evidence. I did not get my IU based on PTSD, but I sure needed private medical opinions and evidence for other MH conditions that were SC'ed. Where do you go for new evidence if the VA says you don't have PTSD? I did use a Vet Center and they did write a letter for me saying chronic and severe PTSD. I don't think the VA even read the letter. I was trying for an increase and it was all due to three IME's I got that rebutted three partial denials that ended with IU P&T. The largest number of claims for MH conditions is for PTSD and probably the largest number of claims are MH claims now. The VA has really put one over on the vet community maybe due to best intentions from Obama, but it could be a nightmare. Do you think Obama actually knew that this would be the outcome to make it harder for vets to get PTSD DX? I am not being political. I am thinking the political class does not want to pay for the results of these wars.

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