ptsd Help With Readjudication

[dlc1985]

Help! I have a current diagnosis from the VA for PTSD for a rape that was committed during my stint in boot camp in 1984. I was declined for service connection almost 6 months ago. It should be noted I have never had a C&P. I have a representative from the DAV that has never requested one. He did however, send it back for readjudication over 6 months ago. Frustrated from the lack of assistance from the DAV I gave a new POA to the VFW last month. The DAV now says they have no answers for me on my claim. The VFW says they have no control until the claim is declined or awarded. What representative/department or who do I need to speak to?

[john999]

Your denied claim has to go through the appeals process. There is really no way you can speed it up. Did you have medical or legal evidence of the rape? Why was your claim denied?

[carlie]

Help! I have a current diagnosis from the VA for PTSD for a rape that was committed during my stint in boot camp in 1984.

I was declined for service connection almost 6 months ago.

Please post exactly what is stated in the Reasons and Bases Section

of the Rating Decision that denied your issue.

It should be noted I have never had a C&P.

If the sexual assault was not reported - then VBA has not conceded a stressor

for your PTSD and that is probably why they denied the issue without scheduling a C&P prior

to their denial.They want to see something first showing that the condition could possibly

be related to active duty first, before they schedule a C&P exam.

I have a representative from the DAV that has never requested one.

A claimant or VSO can certainly request that VBA schedule a C&P exam

but only the VBA decision maker has the authority to request a C&P exam

be scheduled and provide instruction to the examiner.

He did however, send it back for readjudication over 6 months ago.

"readjudication" ? Please provide more detail - Was a NOD submitted ?

Frustrated from the lack of assistance from the DAV I gave a new POA to the VFW last month.

Did you revoke your POA from the DAV in writing along with a copy to VBA ?

Did you sign a new POA for the VFW and supply a copy to the VBA ?

The DAV now says they have no answers for me on my claim.

The VFW says they have no control until the claim is declined or awarded.

What representative/department or who do I need to speak to?

Do you have a copy of your c-file, all submissions you've made to the BVA,copies of the Rating Decision

and all correspondance ?

Do you live close enough to your VARO, to go there in person ?