ptsd Am I On The Right Track?

[Blackhawk12]

I was hoping of some guidance to see if I was on the right track with regards to my claim. Not to rehash everything, but I filed for several items (knees, back, skin rask, PTSD) after returning from Iraq. I did a very poor job in my case and upon receiving my rating decision I was denied on all items. I take full responsibility for not using a VSO or seeking assistance, but it is in the past. A few weeks ago I submitted a NOD through a VSO, well within the one year time frame so at least I did that right.

My problem was the fact that I was seen in Iraq by medical personnel for ALL the issues that I applied for. However, I was at a very isolated base and when I was examined for the issue I was just haded some Motrin, Ambien, or a guaze pad. As far as I can tell none of the information is anywhere in my medical records. Shame on me for not making sure it was documented.

Will my post-deployment health re-assessment (PDHRA) be of any assistance in my situation (all of the issues are noted in it and it was completed 1-2 months after getting back)?

I went to a civilian chiroprator and received a diagnosis for several causes of my back pain. I also went to another doctor and was given three MRI's to my back and to my neck. I have submitted all of the information to the VA. I have received a buddy letter from a member of my unit regarding the injuries I sustained in Iraq and will be submitting that soon.

My questions:

1. Should I go to a civilian doctor and pay for them to do a more intense examination of my knees? All the VA did was an x-ray. My knees keeps popping out of place and the lateral and fore/aft stability is poor. I know that there is something medically wrong.

2. Should I have my wife right a letter relating to her observations ragarding some of my issues? She can state that I did not have the issues when I left, had them when I came home on mid-tour leave, talked about them in e-mail and phone conversations, and still have the issues after coming home from Iraq. Will the VA give any weight to a letter from a spouse?

3. I have pictures from Iraq that shows injuries my leg/knee while deployed...should I include those to verify my claims.

4. There are some other members of my unit that I could get to write letters verifying my statements regarding my injuries occurring in Iraq...should I get as many as I can?

5. Should I write a statement to the VA explaining each issue I was denied service connection for and address (with other evidence--buddy letter, photographs etc.) why I believe that their initial decision was incorrect?

6. Last question. Should I send all this information in at once or as I get it? Will it slow the process down if I send things in piece mail?

Thanks.

[john999]

I think the answer is "Yes" to everything. The IMO is key. You filed your claim within one year of discharge. That is great. Your denials showed you what your IMO doctor needs to say and what he needs to connect to your service. If you are a combat vet the VA is supposed to grant your report of injuries credit if they are plausible. Just be sure you stay in your time limits for appeals.

[Blackhawk12]

Yeah, I did submit within one year of discharge (actually it was less than two months) and I am a combat vet. Hopefully with the statements that I give the VA, the buddy letters, and any other substantiating information I give the VA they can grant me service connection on the issues that I am claiming. Thanks again.

[Chuck75]

Your questions and so forth bring up another issue that was mentioned in passing. Is a VA clinic or other medical facility close enough for you to make use of the two year free treatment, or has the time expired?

Anyway, if you elect to use VA treatment, consider--

You do not need to bring up the issue of a claim.

(The VA considers the medical treatment side to be totally separate, almost divorced from the claim process, unless it's to the VA's advantage to take the "we're all part of the VA" stance.

In other-words, if medical evidence/records from the VA's treatment side is favorable to the veteran's claims, the RO's will often try to discount it.

If it's even faintly useful in a denial, the VA will treat it as if it is a pronouncement from above.

Also, errors of one kind or another seem to occur more often than you would like in VA medical records.

Stating some of the reasons why would be pure conjecture, but the errors often are those that do not help a veteran's claim.

As to the appeal process, I'd include--

A statement concerning your claim(s) and why they should be service connected.

Why the original denial was in error.

An index of any records- Service, medical, etc. and why/how each substantiates your claim, and a copy of those records.

If necessary you can usually get a county court clerk, recorder of deeds, registrar, etc. to make the records a matter of legal record, and make a "certified" copy of them.

This may be limited to a free copy of DD-214/215 etc. or based upon local policy, just about any record that might be important in a "legal proceeding".

You may be given an option to make them a part of "public record". (generally not advisable for medical records.)

My experience has been that State and veteran's org. VSOs in my area are not as useful as they need to be. I'd recommend that you use a lawyer that-

Has a good track record

Is credentialed to practice in the VA system.

Is registered(whatever) to practice before the appropriate federal district court.

Yeah, I did submit within one year of discharge (actually it was less than two months) and I am a combat vet. Hopefully with the statements that I give the VA, the buddy letters, and any other substantiating information I give the VA they can grant me service connection on the issues that I am claiming. Thanks again.

[Commander Bob]

My questions:

1. Should I go to a civilian doctor and pay for them to do a more intense examination of my knees? All the VA did was an x-ray. My knees keeps popping out of place and the lateral and fore/aft stability is poor. I know that there is something medically wrong.

2. Should I have my wife right a letter relating to her observations ragarding some of my issues? She can state that I did not have the issues when I left, had them when I came home on mid-tour leave, talked about them in e-mail and phone conversations, and still have the issues after coming home from Iraq. Will the VA give any weight to a letter from a spouse?

3. I have pictures from Iraq that shows injuries my leg/knee while deployed...should I include those to verify my claims.

4. There are some other members of my unit that I could get to write letters verifying my statements regarding my injuries occurring in Iraq...should I get as many as I can?

5. Should I write a statement to the VA explaining each issue I was denied service connection for and address (with other evidence--buddy letter, photographs etc.) why I believe that their initial decision was incorrect?

6. Last question. Should I send all this information in at once or as I get it? Will it slow the process down if I send things in piece mail?

Thanks.

JMHO...

1..yes

2..yes

3..yes

4..yes

5..yes

6.. Send it in all at once if you have it. If not, then send it in as you get it.

Good Luck.