ptsd Ptsd Claim

[tom91]

My fellow Veterans, I would like your input on this. I filed a claim in 2009 for PTSD and was denied. They stated there wasn't a DX for it until 2008 and no evidence of service connection. There is reference to mental issues dating back to 1994, within 3 years of me being released from the army with other disabilities from Desert Storm. My year to submit an appeal is coming up soon but my counselor advised that we should ask that my claim be looked at again since the new guidelines were signed off back in July. It was submitted back to the reconsideration board two weeks ago.

Has anyone had a claim sent to the reconsideration board? I never heard of that. If so, what kind of turnaround can I expect?

[*Bergie*]

My fellow Veterans, I would like your input on this. I filed a claim in 2009 for PTSD and was denied. They stated there wasn't a DX for it until 2008 and no evidence of service connection. There is reference to mental issues dating back to 1994, within 3 years of me being released from the army with other disabilities from Desert Storm. My year to submit an appeal is coming up soon but my counselor advised that we should ask that my claim be looked at again since the new guidelines were signed off back in July. It was submitted back to the reconsideration board two weeks ago.

Has anyone had a claim sent to the reconsideration board? I never heard of that. If so, what kind of turnaround can I expect?

You still need to watch your time, because the 1 year appeal window is still ticking. I would also recommend you file a NOD before your 1 year if you don't hear anything. Just don't let the 1 year run out without doing nothing.

JMO,

Bergie

[Berta]

"Has anyone had a claim sent to the reconsideration board? I never heard of that. If so, what kind of turnaround can I expect?"

I am not aware of a reconsideration 'board' but I did file for a reconsideration of a denial of a claim filed in 2004.

The VA responded but ignored my legal evidence ( it was a CUE claim) and I filed the NOD in time. It was set to go to BVA but they pulled it out to go with my AO IHD claim.In the years since 2004 the disabilities were determined to be due to AO by a BVA decision.

My point is that I still had to file a NOD in time.Sometimes a reconsideration request gains a better decision and sometimes it doesn't.

Reconsiderations require new evidence or strong statements that regard evidence the VA had but did not consider.You could ask then to reconsider under the new PTSD regs (in our PTSD forum)-do you have a vet rep helping you?

The stressor requirement has changed and their is a new criteria in the new regulations.Some vets will still have to have their stressor verified through JSRRC.

Is the verification of your stressor an issue in the denial?

Edited October 24, 2010 by Berta

[tom91]

Thanks for the feedback.

Berta - They denied the claim due to no evidence of it in my service treatment records. I was released in 91 and in my VA records in 94, that recognize that I was seen for symptoms of restlessness, hyperalertness and intrusive thoughts re:gulf war. They issued no DX but gave me info on PTSD services. Years following I was treated for bipolar initially through civilian psychiatrist and then VA. First record of PTSD DX was in my VA records in 2008/2009. The denial was ultimately due to lack of in service stressors. They stated my personnel records and DD214 did not show I participated in combat or received combat award. I served during Desert Shield at which time I injured my back and was fearful I could not move quick enough during the scud missiles we were incurring.

Bottom line, denied for no stressors. Thoughts?