ptsd Help With My Appeal. (Triggers-Triggers)

[is nuts!]

After doing my initial claim by myself and being totaly ignorant to the VA process I managed to get a 10% service connection for Lumbar Strain and a 0% service connection for ingrown toenails and onchymycosis. They denied my claim for Depression/ PTSD and R knee strain and hearing loss. To prove my ignorance I assumed they would obtain all private medical records when I signed and returned the ROI papers for them to get them. They never got any records at all and I never sent any. I also did not fill out the PTSD Stressor info either. So they made all the decisions based on my SMR only. When I received the first decision in May of 09, I immediately enrolled in the VA and started receiving treatment at the VAMC and the Vet Center for Alcohol, Opiode PTSD, Depression and MST Treatment. I quickly learned about finding a VSO and asking for assistance which was a disaster. I tried to find a rep from the American legion and could never get a responce from them. I soon met with a county VSO and he offered some assistance but mostly he was there to submit paperwork only. The rest of the process I did on my own with help from reading this website. There is so much I need to say but I know how long posts are looked at and Ill keep it short and answer any questions as I go. I will try and upload the initial award and denial letter, then the SOC and finally the SSOC. Please bear with me and I am Thankful for any help I can get. My PTSD is due to MST and very personal so please take it easy on me! Might take me a while to scan edit and upload! During my uploading if the mods want to edit the content please do as it is very personal and if the DRO watches this website he will clearly know who it is. Which I could give a rats a** if the RO see's it anyway.

[Berta]

Do any of your private treatment records support the service nexus for any of the claimed disabilities?

If I were you I would seek a lawyer and also I feel you will need a comprehensive IMO.

If they were aware of your private med recs and did not obtain them,, this is possibly an error on their part.

I say possibly because there may not have been anything in the SMRs to establish a nexus with-that mre evidence from you could have expanded on-

I dont see the evidence list in these downloads. In the SOC, when it appeared they did not have your private records, did you send them copy of those records prior to their preparation of the SSOC?

If they did get them and didn't use them that would be an issue for the BVA appeal.

Everything I see in the SSOC calls for proof of an established service nexus.

The VCAA letter they sent to you after you first filed this claim should have stated exactly what they needed.

They may have obtained your private records and simply ignored them.

Have you obtained a copy of your C file during this claim's process?

[is nuts!]

Berta,

Thanks for the reply. All my private records do not have a connecting nexus except for the depression. All the items I am claiming were listed on my seperation physical. The medical records I have show chronicity since discharge. Also where the DRO states I have no diagnosis from a va phsych for PTSD is simply not true. In the form 9 I attached VA medical records from 3 VA docs diagnosing PTSD. ALso in the actual C&P examine the Doc does say I have an inservice diagnosis of PTSD and Depression yet the Rater and the DRO mis read or Just lied. Yes I sent the documents and they have almost all the medical records. I agree with the Lawyer and the IMO. I will upload the Form 9 as it will list more of the errors or what I thought was an error. I havent received my C-file as I thought it would slow down the process. VA FORM 9 -1.pdf

VA FORM 9 APPEAL DOC 3.pdf

VA FORM 9 APPEAL DOC 2.pdf

Edited July 14, 2011 by is nuts!

[is nuts!]

I need a little clarification on a couple of things. Here is a qoute from an email I got from my VSO

The VA C&P physician is under no obligation to review private medical information; their role is to provide the VA an independent assessment of your claimed condition and to see if it is related to your active military service. Therefore, the C&P physician is required to review your Service Medical Record and to examine you and make a determination if it is “at least as likely as not” that your condition you claimed is related to active duty. The VA Rating Board will evaluate additional private medical evidence presented and make a decision if your condition is related to active duty, taking into consideration the C&P physician’s review of your condition, medical evidence from private sources and if your suffer from a condition that is directly related to service.

I assume what he is saying is the C&P Docs only look at your SMR not any private records? If that is the case then I need a Lawyer ASAP and an IMO.

[carlie]

I need a little clarification on a couple of things. Here is a qoute from an email I got from my VSO

The VA C&P physician is under no obligation to review private medical information; their role is to provide the VA an independent assessment of your claimed condition and to see if it is related to your active military service. Therefore, the C&P physician is required to review your Service Medical Record and to examine you and make a determination if it is "at least as likely as not" that your condition you claimed is related to active duty. The VA Rating Board will evaluate additional private medical evidence presented and make a decision if your condition is related to active duty, taking into consideration the C&P physician's review of your condition, medical evidence from private sources and if your suffer from a condition that is directly related to service.

I assume what he is saying is the C&P Docs only look at your SMR not any private records? If that is the case then I need a Lawyer ASAP and an IMO.

The VSO is right - the C&P examiner doesn't consider your private medical records but the VBA's decision maker

is supposed to factor them in. If the evidence is in relative equipoise - 50% for the claim and 50% against the claim,

then they are supposed to apply the BOD - going in the claimants favor.

JMHO