ptsd Part Of Claim Denied And Rep Bailed - Now What?

[stilltrying]

I am 70% disabled for PTSD and have had 18 other items pending for over two years. One of my pending items for for my feet ( have had 3 surgeries in the last year) have three line of duties on them and a letter from my VA doctor saying yes, it is a service connected problem. I suddenly got a letter stating that all 18 items have been denied. The excuses are lost records (which they seemed to have before) and that I had failed to provide information.

Without going into all the details, my file is over 6 inches thick, so there is a great deal of information. The woman who has been working as my rep for over a year has changed jobs suddenly and just told me that I'd have to find someone else. I tried contacting another rep and just got this - oh, you want to appeal?. They said someone would call me but never did. Have tried several other offices and gotten nowhere. I also have a dependent son that I was never paid for. They kept saying that it will be taken care of later. I'm tired of fighting and need some help.

[stilltrying]

Thanks for the comments and support. I was wondering how does Social Security disability work? I'm 55, so not that far off from normal social security. If I file for disability will that diminish my regular social security or does it take the place of it?

[Commander Bob]

... As to the 18 items - the VA did it to themselves. I originally went to the VA for PTSD and my feet, that's it. As time has passed, they started adding every little thing I had wrong with me on it.

Sorry to hear about the denial letter. As you may know, and for those who don't, you have one year to file a NOD. I also understand and find it notable, that the VA will add on more claims to the original claim...

It happened to me, also.

The VA added unnecessary rabbit trails to my main claim, and then denied them. What a mess. As broncovet mentioned, It can get so frustrating and so complex. And I also agree with Notorious Kelly,... "If you can focus on your foot claim"...

However, When I filed my NOD, I included the items created by the VA, as well. I knew it would add more time. however, since they created a "claim creation date", JMHO, I would suggest you include all items within that one year window.

You and I have, what John999 calls,... "dog claims." Well, since that that die has already been cast, If you don't include any of the 18 VA claims in your NOD, then their gone in 12 months... Who knows what the future will bring. I plan to use one of my absurd VA added claims as a bargaining chip at my finial appeal, if need be...

Also, I would again quote John999, ... Get a lawyer.

Interesting to read about another Vet's claim that got inflated, "frustrating and complex" by the VA adding on. I wounder if it helps the VA raters increase the number of claims cleared and inflate their quotas, as well as any bonuses they may receive??? Odd, indeed.

When I do file my "writ of mandamus" 24 months after the DRO appeal request date. I will include the following at the end of my response letter..

""I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR.""

Then I plan to dig in, get an attorney, and win. Maybe that will bring me peace in my VA matter.

Best wishes in your appeal. Good Luck, you are not alone.

Bob

Edited November 13, 2010 by Commander Bob

[carlie]

When I do file my "writ of mandamus" 24 months after the DRO appeal request date. I will include the following at the end of my response letter..

""I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter might could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1,all due process errors and any failures to discharge the duty to assist as violation of basic VA laws and regulations within 38 USCS and 38 CFR.""

Bob

CB,

When did you begin your appeal and when did you request a DRO ?

Did you request a DRO De Novo Review or a DRO Hearing ?

[carlie]

I am 70% disabled for PTSD and have had 18 other items pending for over two years.

still - so as of now you have been granted one single disability as SC'd and it is for PTSD rated at 70 %, is this correct ?

Was PTSD granted at 70 % right out of the box or did you start with a lower percentage and get increased ?

When was this granted, do you remember the effective date ?

When were you separated from service ?

Was PTSD the only issue that you requested SC for on your original claim on your 21-526 ?

One of my pending items for for my feet ( have had 3 surgeries in the last year) have three line of duties on them and a letter from my VA doctor saying yes, it is a service connected problem.

still - What exactly is the foot condition and what exactly has your VA doctor stated in writing?

Do you have copies of your SMR/STR's and VAMC / Vet Center medical records ?

Do you have copies of the medical reports from the 3 surgeries and were these surgeries done at a VAMC

or a private doctor and hospital ?

I suddenly got a letter stating that all 18 items have been denied. The excuses are lost records (which they seemed to have before) and that I had failed to provide information.

still - What is the date on it ? Was it a regular Rating Decision or the VBA's response to a NOD by way of an SOC or an SSOC ?

It's important to check through the Evidence Section of this "letter" and compare it to what you know for sure you have submitted.

What "information" does the "letter" state you, "failed to provide" ?

Without going into all the details, my file is over 6 inches thick, so there is a great deal of information.

still - 6 inches, in my book is considered a slim c-file. I have 3 volumes and it has to be shipped in boxes.

Information, is usually just that - information. Of much more importance is the medical evidence of record.

The woman who has been working as my rep for over a year has changed jobs suddenly and just told me that I'd have to find someone else. I tried contacting another rep and just got this - oh, you want to appeal?. They said someone would call me but never did. Have tried several other offices and gotten nowhere.

still -Was this "woman" a part of or associated with a service organization like the American Legion, DAV, etc.. ?

Had you signed a paper for her or an organization to represent you ?

I also have a dependent son that I was never paid for. They kept saying that it will be taken care of later. I'm tired of fighting and need some help.

still - Did you submit a 21-686c to the VBA along with any paperwork, information and or evidence that is requested on the form ?

If yes - when did you submit this ?

For us to try and help you we will need all of these answers and then some.

[Commander Bob]

CB,

When did you begin your appeal and when did you request a DRO ?

Did you request a DRO De Novo Review or a DRO Hearing ?

Hi carlie,

I filed the claim July 4, 2008.My appeal was February 18th, 2009. Again, as broncovet mentioned, It can get so frustrating and so complex, I am confused as to how it's going to be handled, at the regional level. At this point, I don't know if my vet rep requested a DRO De Novo Review or a DRO Hearing. However, at that time, I requested a DRO hearing. If I don't hear from the VARO by February 18, 2011, then I will proceed through the BVA to COVA. Well, that's the plan so far. Just thinking about dealing with the VA, triggers my PTSD. (which they claim, I don't have) LOL. As you know, when I was 18 years old, I tried to run through a minefield, under fire and survived until the 4th explosion. I stated that my VASRD # was a clear and a unmistakable misdiagnoses due to the early date,1968, of the onset.

Thanks carlie. And again good luck 'stilltrying'. Thanks for your topic thread.

Edited November 13, 2010 by Commander Bob

[carlie]

Hi carlie,

I filed the claim July 4, 2008.My appeal was February 18th, 2009. Again, as broncovet mentioned, It can get so frustrating and so complex, I am confused as to how it's going to be handled, at the regional level. At this point, I don't know if my vet rep requested a DRO De Novo Review or a DRO Hearing. However, at that time, I requested a DRO hearing. If I don't hear from the VARO by February 18, 2011, then I will proceed through the BVA to COVA. Well, that's the plan so far. Just thinking about dealing with the VA, triggers my PTSD. (which they claim, I don't have) LOL. As you know, when I was 18 years old, I tried to run through a minefield, under fire and survived until the 4th explosion. I stated that my VASRD # was a clear and a unmistakable misdiagnoses due to the early date,1968, of the onset.

Thanks carlie. And again good luck 'stilltrying'. Thanks for your topic thread.

CB,

If a request for a DRO hearing is of record and it does not happen - and then you file a I-9 (Form 9) to get out from under

the RO jurisdiction and under BVA jurisdiction -

the BVA will just have to remand the issues back to the RO and instruct them to hold the DRO hearing that you requested.

By the time this happens another 2 or 3 years will have elapsed.

I understand your post to show some concern of a 2 year time frame (Feb 18,2009 - Feb 18, 2011).

What and why are you thinking something about this 2 year time frame ?

How close do you live to your RO.

BTW - I'm damned glad you made it through that minefield and know that someday you

will also make it through the VBA's "minefield".