ptsd Denied. Dav Not Interested?

[world_wide]

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.

[jbasser]

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.

Craig, NOD the decision and use the New PTSD rules on the NOD.

If you dont have a VSO like the DAV it is OK to use them.

You can still get them to represent you even if you had already filed a claim.

Hang in there and now it is time to get busy.

J

Edited August 9, 2010 by jbasser

[world_wide]

Thanks all for your responses and time.

Chuck and Sharon I will indeed submit a new claim as you both suggest. I suppose I should speak with the DAV again and speak with the rep. I will also ask for the nexus letter.

Larry, I do not believe the VA read all the evidence regarding my BP diagnosis. In the denial the VA references only back to 1999, when I was first diagnosed in 1998, 5 months after I left active duty.

John, I too believe the VA did not read all the evidence regarding my PTSD claim. But I guarantee by the time this is over they will have.

[Tbird]

I would also recommend call the VA 800-827-1000 and confirm they also have the correct contact information.

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.

[JamesPT]

Craig; sorry for the late response, I've been gone for a couple of weeks , just catching up with e-mail. Craig, I am also new to this claim business, I am a combat Vietnam Vet, I got home with a serious injury that was misdiagnosed in NAM and PTSD. When I came home I went to the VA numerous times for the mentioned issues, unfortunately for me I was refused counseling and an evaluation for my physical injury, they told me to go see an MD. I finally gave up going, they were rude\insulting and out the front door I went, I promised myself not to go to the VA anymore I had no choice but to suck it up for 40 plus years until two years ago I couldn't bare it any longer, I broke down mentally and had to have reconstructive surgery on my right foot and my left foot also needs reconstructive surgery later on this year. So here I am 60 years old and going through the claims battle with the VA. Once I started the process with a VFW rep. I promised myself this time not to give up no matter what. Little by little we are getting somewhere with my claims; they have denied but I have appealed, I have a good rep who stays on top of claims.

Besides help from my VFW rep I have to do my part as well; for example, asking Doctor's in private sector for IMO support statements has been rather difficult as they do not want to get involved or claim they have no time to write a statements; I have been damn stubborn until they relent and write the support statements which have helped tremendously, I am also seeing a non-VA Psychiatrist, we are working toward a PTSD increase. I have also submitted war buddy statements from my Company Commander and First Field Seargent and my platoon medic, these have been key in going forward with the claims process. The advice from the the forum members has been valuable as there are many here who have been through it all. Like I said Craig, although it is very frustrating, and sometimes you feel like giving up (That is what the VA wants you to do) DON"T; keep plugging along, I gave up many years ago, but no more, I am taking this journey as far as I can, and by asking questions\advice from forum members you will make progress one step at a time, so to speak. I know I will keep asking questions from the forum members. Do not give up, be persistent and get a good rep. Good luck Craig for both of us.