ptsd Items To Include In Nod ?

[emandg]

I recently took and was debriefed on my MMPI - sounds like I'm off the chain based what my Therapist informed me. She actually said that based on my extremly poor prognosis for rehabilitation (PTSD) she could cut me loose , but came right back with a reassurance that she will not.. My question is, as this information and the backing of my Psychiatrist are all on the V.A. data base. I should go ahead and get copies under the FOIA and include them with my NOD ? (VARO reveiw)

[john999]

You should tell the VA where the evidence is and what the evidence is and for them to get it since it is in their data base. You could include a copy of the evidence with the NOD, but if it is in the VA data base there is no point. The NOD is just your first step in appeals. Are you going to ask for a DRO Hearing?

[emandg]

Thanks John. Based on all I have seen on this website and one other, I am requesting a DRO de novo review. I was just wondering about the inclusion of the hard copy notes and test results. I thought I had read a "horror" story in which the computer file was not even utilized during a decision making process.

[john999]

You could include the items with the NOD. It won't hurt. I would ask for a DRO Hearing and not just a Review. The reviews are often just "cut and paste" jobs.

[carlie]

I recently took and was debriefed on my MMPI - sounds like I'm off the chain based what my Therapist informed me.

She actually said that based on my extremly poor prognosis for rehabilitation (PTSD) she could cut me loose ,

but came right back with a reassurance that she will not..

My question is, as this information and the backing of my Psychiatrist are all on the V.A. data base.

I should go ahead and get copies under the FOIA and include them with my NOD ? (VARO reveiw)

emandg,

What I see your therapist statement to mean is that, there is not much of a chance that your PTSD will get any better

than what it currently is.

I do not see it to mean that your PTSD, is any worse than what is in any of her prior reports/progress notes.

JMHO

[broncovet]

To cover your bases, you should always include in your NOD a statement to the effect that you are also disputiting any/all "deemed denials". For example,

Lets say your decision denied a PTSD increase, and your claim for hearing loss. However, the RO never developed your claim for Sleep Apnea, so later the courts are going to want to say your OSA was "deemed denied" by the decision.

Continuing in the example, later you bring your earlier claim of sleep apnea to the RO's attention and they award you benefits for it. You appeal the effective date.

The courts deny your earlier effective date claiming that you did not have a "continiously prosecuted claim" for OSA because it was deemed denied in the decision.

You pull out your NOD, pointing out that you did dispute the OSA, because you objected to any deemed denials. You win your EED for sleep Apnea.