ptsd Deferred Ptsd Claim

[combatcamera]

Just so everyone knows, I just got my letter back, and I am rated at 30%! So thank you all for your support and advice. Anyhow, I did not recieve a rating on my PTSD Claim because they have deferred it and are still making a decision. Any thoughts on what this could mean? They have recieved all the necessary documents and do not require additional evidence.

[combatcamera]

well yeah but I mean I don't understand what all else they need I got a letter from my old platoon sergeant and there are records everywhere from this incident

[LarryJ]

well yeah but I mean I don't understand what all else they need I got a letter from my old platoon sergeant and there are records everywhere from this incident

They don't need anything else. All you need is a diagnosis from a VA-provided psychiatrist or board-certified psychologist and the proper records showing that you were where you say you were when the incident(s) occurred.

That is all.

It is just going through the "proper channels" for a PTSD award. I think that the VA has certain "team members" assigned to all new and active PTSD claims and your PTSD claim must be "handled" by these particular folks, as opposed to a "regular-old-claim" which can be handled by "regular-old-VA" folks.

It's just making it's way through the maze.

[carlie]

combat,

Here are a few BVA claims that discussed the where'e and why's of an issue being deferred.

Maybe this will help in understanding.

The RO issued a deferred rating decision in April

1987 after it determined that there were outstanding medical

records not associated with the veteran's claims file. The

veteran was also informed at that time to furnish to VA

names, addresses, and dates of treatment rendered pertaining

to his service-connection claim.

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The veteran's theory of entitlement to service connection for

all the further disabilities at issue is that they are

secondary to diabetes. Consequently, the remaining issues

are inextricably intertwined with the claim of service

connection for diabetes mellitus, and consideration of such

matters must be deferred pending resolution of the service

connection for diabetes claim.

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This case was remanded by the Board for additional

development regarding the PTSD claim in February 2007.

(Because the veteran contends that his bruxism is secondary

to PTSD, consideration of the bruxism claim was deferred

pending the results of the PTSD remand and subsequent

readjudication by the RO. For the same reasons, the bruxism

claim will again be deferred.) Because the agency of

original jurisdiction (AOJ) did not fully comply with the

Board's remand orders, the Board must remand again. See

Stegall v. West, 11 Vet. App. 268, 271 (1998) (where the

remand orders of the Board or the Court are not complied

with, the Board errs as a matter of law when it fails to

ensure compliance, and further remand will be mandated).

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http://www4.va.gov/vetapp08/files2/0811315.txt

When the Board remanded these issues, the AOJ was ordered to

attempt to verify the veteran's alleged stressors

"tilizing the claimed stressor information submitted by

the veteran." On remand, the AOJ sought only to verify one

of many claimed stressors, the witnessing of an aircraft

being shot down while landing at Saigon. However, in his

November 2004 VA Form 21-4138, Statement In Support Of Claim,

the veteran averred that he had seen C-123s shot down on two

different occasions, at two different airbases. The Board

also notes in passing that the AOJ had previously determined

in a March 2004 Deferred Rating Decision that, even though it

had narrowed the time period in which one of his claimed

stressors could have happened, it did not verify any of the

veteran's claimed stressors because, it was noted, the

veteran had not provided sufficient details to enable

verification. Given the Board's remand order to attempt to

verify the veteran's claimed stressors, and because the AOJ

has not fully complied with the Board's remand order to

attempt to verify the veteran's alleged stressors, the Board

must remand in accordance with Stegall, supra.

[combatcamera]

yes that helps a lot thank you I hope they gather all the evidence they need to go ahead and make a good decision