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.

[carlie]

Lorraine I thank you. Carlie, as an elder, I would expect your responses to have a little more class than " I have more files than you do". It showed more attitude than I would deem helpful to anyone.

still,

If you are going to refer to a quote made by me, then at least give me the courtesy

of quoting exactly what I stated - which is no where near the quote you posted "I have more files that you do".

My post stated,

" 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."

It has nothing to do with "class" it concerns facts, that most vets here have - volumes of their files,

stored in multiple D-ring binders that hold 1,500 pages each. You read an attitude that was non existent

I was not belittling your 6 inches of a file but simply pointing out that files can be and usually are way much

larger than 6 inches.

What I notice in your complaint is no question from you regarding information versus medical

evidence of record - I'll take that to mean you must know the VBA's different view and definition of the two.

Just because I prefer to deal with facts does not equal attitude so if you take something from me

as attitude - that's on you not me.

I'll do you and Wings a big favor and just not post anything further in an attempt to help you since it

appears to me like it will just turn into a big pissing contest, and that - I do not have either the desire

nor time for.

[71M10]

Stilltrying,

I think the most important advice given to you in this discussion so far is to get a NOD (Notice of Disagreement) filed ASAP. This is as simple as a written note sent to the same address your denial came from stating I disagree with the Decision on my claim dated xx/xx/xxxx. Send this certified mail return receipt requested. The clock is ticking on this item and it is the most important. If you know for a fact that the VARO (Veterans Affairs Regional Office) with your claim has already received the NOD than you have time to look for a lawyer or new VSO (Veterans Service Organization).

Next you need to ask yourself a question and be honest withyourself. The Question is "Can I handle taking charge of this claim myself?" There should be no emotion or personal judgement associated with this question. YES and NO are both valid and wise choices. Some people who have cognative/psychological disabilities make the best choice when they recognize thier own limitations.

If your answer is YES you need to decide that you are responsible for; research on VA rules and regulations; requesting copies of medical records, requesting a copy of your c-file, filing all required forms, and insuring you do it all within the VA deadlines. You need to know the rules and deadlines because many of the VA staff do not. You will need to be prepared to point out where in VA regulations and the Code of Federal Regulations is the correct information and not be afraid to tell them tactfully (I have a problem with the tact part).

If you answer the question NO you need to find someone to do these things for you. You need to find a VSO or a Lawyer to advocate your position as you appeal. You need to find competent representation, but you still have to keep your head in the game enough to select and monitor this representation. If you cannot do that (cognative/psychological problems) take someone you trust and that "has always had your back" with you to select a representative or lawyer. When you receive items from the VA/VSO/Lawyer share them with this trusted friend have them look them over and make sure you both know what is going on. In the future when your dependent child is old enough they might make a good second set of eyes.

If I sound a bit patronizing I am sorry, I am not trying to belittle you. I am trying to help you, I don't know you, I don't know the most effective way to communicate with you. I am trying to give you advice that I think will help you.

Best regards,

Tyler

Edited November 16, 2010 by 71M10

[breedima]

Over two years now and everytime my VFW officer says not to refile I don't have a leg to stand on.

1> Rhumatoid Arthritis Denied can't relate to service connection

2> Degen disc disease 40 %

3. Changed to Degen arthritis Lumbar spine. Yet Ive been denied three times for Arthritis of the lumbar spine.But still denies me Rhumatoid arthritis of the spine.

Depression Denied not service connected However Doctors notes I sent to My vfw officer. Note one

53 yr old male secondary to depression

Chronic Pain and arthritis

Note Two Major depression seconardy to Chronic pain

Meds for past 10 years Gabapentin 300 mg x 3 a day

Methocarbamol 500 mg x 4 a day

Naproxen 500 mg x 2 a day

omeprazole 20 mg x 1 a day

Morphine 100 mg timed release x 2 a day

Morphine 30 mg timed release x 1 a day

Morphine 30 mg Instant releif x 4 a day plus various other meds

Just about ready to give it up VSO I guess is tired of me and my claims. I research everything and mail him a copy of all of it.Don't know how else to help him

Thanks for letting me blow off some steam here,Have a great day

[navydoc2]

I think the NOD advice has been covered. I would also make the suggestion that you go ahead and file for SSD while waiting for the VA to make their decision. You mentioned you were 55, it is possible that you could a favorable rating from SSD in a year or two. That would be well before you hit retirement age. This would also help if they decided you were disabled based solely on your service connected disabilities. I would recommend you using the date you last worked as your filing date as this gives you the best chance of getting the quarters you need, that with your service work history. Good luck.

/doc