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Stressor Conceded

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68mustang

Question

I received a copy of my c-file the other day. I found a copy of a VA form 21-6789 that has a JSRRC review that was done on my stressors. The review states that my stressor is conceded. The only stressor that was conceded was the stressor for the hazing I had while aboard ship, which amounted to MST.

The JSRRC review has noted on it as to what the examiner should do:

"Please ask examiner:

Please exam for PTSD. The stressor is conceded based on veteran being involved in a hazing incident that happened aboard the ship".

I had two separate C&P exams administered by different examiners one for PTSD and one for depression

The C&P examiner's report for PTSD states that "Does the veteran meet the DSM-IV stressor criterion? No"

"Does the veteran meet the DSM-IV criteria for a diagnosis for PTSD? No"

The PTSD C&P examiners report also states in the medical opinion that:

"Rationale for opinion given vet does not qualify for diagnosis of PTSD; he does have a depressed mood though but it is hard to determine whether depression is due to stressors cited while in the Navy; I cannot determine exact cause of depression without resorting to speculation".

I did get rated at 10% for depression by the C&P depression examiner and the examiner's opinion was that it was for depression secondary to tinnitus, hearing loss, in-service hazing and traumatic assaults that I experienced. The C&P exam for PTSD does not address the MST and the separate exam for depression refers to the MST as traumatic assaults. I would like to see if I can get it rated higher if I don't meet the criteria for PTSD.

The copy of the VA form 21-6789 with the JSRRC review does not show up in the evidence used listing. Plus the rater stated the GAF that was assigned by both examiners was a "65", but in realty it was a"60" on both. Don't know if the above mentioned items make a difference.Can anyone please offer some advice on what I can do when I file an NOD on this. Thanks.

68mustang

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  • HadIt.com Elder

I filed a NOD on my deferred claim because the VA would not get off their asses and rate my claim. There were no problems but I did get my rating. You can disagree with the VA's decision to defer your rating. In my case they had all the evidence they needed to rate me, but they just stalled.

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I filed a NOD on my deferred claim because the VA would not get off their asses and rate my claim. There were no problems but I did get my rating. You can disagree with the VA's decision to defer your rating. In my case they had all the evidence they needed to rate me, but they just stalled.

john999

Thanks again for the response. This Thursday I see my VSO at the clinic and I will file the NOD. Maybe lighting a fire under the VA will get them moving toward a denial or approval.

68mustang

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68,

I see no reason why you can't question the deferred issues at the bottom of your NOD.

Something like . . .

Rating Decision dated XX/XX/XXXX

stated issues for XXX,XXX,XXX, are deferred.

Please, also send me correspondance advising as to what part of the adjudication process

my deferred issues are in, WHY were these issues deferred and if there is anything I could submit

that would help these deferred issues to finally get ADJUDICATED !

Carlie passed away in November 2015 she is missed.

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68,

I see no reason why you can't question the deferred issues at the bottom of your NOD.

Something like . . .

Rating Decision dated XX/XX/XXXX

stated issues for XXX,XXX,XXX, are deferred.

Please, also send me correspondance advising as to what part of the adjudication process

my deferred issues are in, WHY were these issues deferred and if there is anything I could submit

that would help these deferred issues to finally get ADJUDICATED !

Carlie and john999

Thank you for taking the time and effort to respond to my post. Well I guess after all the prodding with 1-800 calls and IRIS requests the VA finally came through with a retro for 12 months for SMC K. I was checking my bank account this morning and lo and behold my balance was different. Seems the VA deposited the money overnight.I called the 1-800# yesterday and I was told it was still in development and I checked Ebenefits this morning and that also states that my deferred claim is in development. I am thankful that the deferred claim issue has apparently been resolved, but I won't do anything with the money until I get an official letter from the VA. I still will file the NOD tomorrow for the increase on depression and for the asbestosis. Thanks again.

68mustang

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Hello 68, Hope all this hasn't gotten you down. Have you been to the Vet Center? My thought is that you can talk to them, and have it placed in your records. I would think that this would help. I went today at the new location 1604 and Braun Road. They also have a location on the Northeast side of town. The person that I talked to apparently has a claim himself for back problems, and he got a call from a VA doctor. He was very upset with this Doctor because the Doctor told him one thing and called him to tell him something very different, something about medication. After that I don't know if I was the one seeking help or giving it. Maybe we can meet at Apple Bee's on Veteran's Day. We will let Mr. Bee buy.

Papa

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  • HadIt.com Elder

68,

I see no reason why you can't question the deferred issues at the bottom of your NOD.

Something like . . .

Rating Decision dated XX/XX/XXXX

stated issues for XXX,XXX,XXX, are deferred.

Please, also send me correspondance advising as to what part of the adjudication process

my deferred issues are in, WHY were these issues deferred and if there is anything I could submit

that would help these deferred issues to finally get ADJUDICATED !

........and then there is always the "deemed denied"...........

just sayin'

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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