ptsd Vietnam Veterans Avoiding All Va/government Contact

[BlakePaigeStone]

To: HadIt.Com

From: Sonny

Re: Avoidance Issues, (PTSD-related), of Vietnam veterans ...from all VA/Government contact; even if it concerned a needed time-limit deadline reply.

Has anyone heard anything, (including court cases), of how returning Vietnam veterans ...who suffered from PTSD, wanted to avoid any, and all, associations with, (authority figures), the VA, or any other government agency.

I'm particularly interested in cases where... 'the veteran's condition even resulted in the refusal, by the veteran, to respond to time-limits ...by which a timely appeal is determined?!'

I have just received my VARO-Honolulu notification, after submitting my NOD in May, 2011 ...that they saw my request for a 'DRO review' of my original 'CUE claim,' of May, 2010 ...for initial, (1995), rating-decision increase.

[BlakePaigeStone]

I was awarded s/c at the 30% rate for the period 'September, 1995 thru May, 2002.' Then increased to 70%/TDIU ...effective May 30, 2002. Appeal for timely initial rating-decision increase ...was missed.

I'm saying that the initial 30% rating was a 'CUE.' My inpatient diagnosis, of 'PTSD w/Unemployability,' demonstrated the necessary symptomology, (pre-1997), for ...at least, a 70% initial rating. All awarding was done, by the VARO ...at the same time! (2002)

I was, however, suffering from Vietnam-related avoidance issues; and ...did not contact the VA, in any fashion, to appeal for an increase ...or otherwise, period!

All I know is that you have to keep your claim active to keep the claim date even if it takes 10 years of appeals, NODs BVA remands etc at a minimum you should have a date stamped letter to the VARO every year asking about your claim or appeals the other thing you have to watch is the "deemed denied" issues this is especially pointed for vets that file claims with multiple issues where the VA grants one of the issues and then just ignores the other issues if the veterans do not put in a request within the year of the award letter then the VARO will deny the issues because they were never appealed.

Even if you have a VSO it is YOUR claim and it is up to YOU to make sure that they don't drop the ball

then there are the Keith Roberts type of cases where the vet gets it in their head that the VA "owes" them back to the date of the incident that caused their mental health issue, I have spent many hours explaining to many vets that they were NOT going to get back pay to 1959 when their ship sank or they were gassed by "mustard gas in Hawaii" during WW2 or any issue that they never claimed until 1999 or 2011

I am SMC S and they are going to be putting in a biventricular pacemaker sometime this month so I will then file a claim for the 100% award for that and for A&A so I will file those 2 issues at the same time the CHF clinic at Dorn just gave me a phone device so they can get my weight and blood pressures every day so they will be able to tell when I am slipping into another bout with CHF so far this year I have spent 3 weeks in an ICU with IVs full of heart meds and antibiotics for pneumonia in April and June was just CHF by itself April I damned near died I was 4 days in a med induced coma then when they brought me out of it here in Columbia they then sent me by ambulance to MUSC in Charleston for a evaluation for a VLAD device (same thing Cheney has) or a heart transplant the doctors all declined to operate on me in any situation I am a medicate only patient except for the pacemaker I have been SC for PTSD 100% since Dec 2003 in June 2009 I was finally granted 60% for CAD secondary to my PTSD which they had to pay me back pay for SMC S back to Dec 2003 (nice check) but this pacemaker is automatic a 100% ratingso even if the VA calls me in for a new C&P before my 10 year anniversary and attempt to reduce my PTSD rating I will be covered by the 100% for this new issue

You have to keep a claim active and to get the VA to agree that you are not able to be responsible to meet deadlines for claim issues is that you would not remember your own name, your birthdate and be locked up in a mental institute then you would not be diagnosed with PTSD but some other mental health issue which they would then claim is not SC since you didn't have these issues when you left the military and use your exit exam to deny your claim.

I don't see how you get them to go back to when you first filed the claim 1995 I am pretty sure that if they do grant your claim it will be to May 2010

[john999]

I am giving you a nick name: Stone. So, Stone, did you file your CUE?

Papa: I did not get a c&p either. My rating in 1973 was a joke. 2 pages with just some letters to signify parts of the rating. They did not even use my SMR or my doctor's report. The relied on the VA psychiatrist who saw me once for ten minutes.

[BlakePaigeStone]

I'm only talking about the period between September, 1995 ...to May, 2002. The difference in the rating increase is... from 30%, to 70%/TDIU. That's just a retro-active increase ...which should be granted, due to CUE.

Medical diagnosis, by VA doctors ...in December, 1995, will bear out the error by the adjudication of the claim award.

About the only way you can get them to go back many years is if you filed a claim and the VA made a CUE in the original decision. This does happen, but be prepared to fight a long hard battle. They don't like to grant 35-40 years of retro for a error they made and will fight fair, or dirty to avoid it.

[BlakePaigeStone]

I just received their, (VARO), acknowledgement of getting my NOD; and ...request for a DRO review.

My denied decision, for an earlier TDIU effective date claim, was returned to me in early-May, 2011. (which was a misunderstood claim for CUE, by the VARO), I clarified my claim for an 'increased initial rating-decision ...due to CUE.'

I'm now waiting for the DRO process to make a decision; or ...contact me.

BTW: My name is 'Sonny.' (Stone is my son's name; Blake is my daughter's name; and ...Paige is my daughter's name.)

I am giving you a nick name: Stone. So, Stone, did you file your CUE?

Papa: I did not get a c&p either. My rating in 1973 was a joke. 2 pages with just some letters to signify parts of the rating. They did not even use my SMR or my doctor's report. The relied on the VA psychiatrist who saw me once for ten minutes.

[john999]

Sonny

I have a CUE claim where I am asking for retro back to 1973. I have a lawyer. I would advise you to get one if you can since the VA will fight this claim of yours. I have been to the DRO,BVA, Court of Vet Appeals and back to the BVA on remand. It has taken almost 6 years. You may think your claim is obvious, but the VA will find fault with every part of it.

[broncovet]

Blake

This has been discussed elsewhere, but you may not have participated. It deals with the "standard of review".

1. Regular appeal. This includes the "benefit of the doubt" and "favor the Veteran". To get the "regular appeal" standard of review, you simply file a NOD within 12 months of the RO decision.

2. CUE. If you do not file a NOD within 12 months, then your choices are to refile under "New and Material

Evidence", (38CFR 3.156), or to file a "CUE". CUE is the highest standard of review that a Veteran must meet. The Cue standard is that the error must be a) Outcome determinative b)undebatable and c)based on the law at the time the decision was made. To qualify as a CUE, ALL 3 of these criteria must be met. If the proposed Cue fails at even one of these criteria, it will fail.

I will note that it is generally unnecesssary to prove CUE if you have filed your NOD within 12 months. It is simply an unnecessary burden. You simply make your claim harder to prove if you do not timely file the NOD. You also must "perfect" your appeal by submitting the I9 within 60 days. If you miss either of these appeal deadlines, you will either need to prove CUE, or else try for some sort of equitable tolling to get the deadline extended.