ptsd After 9 Month Still In "development" Va Is Waiting For.... Everything?

[DrksWife=)]

OK, I finally got access to the eBenefits account and just logged into the system and OMG, found that my husband's case is still in the development stage. We filed at the end of November of 2010, when we filed we gave them a copy of all my husband's medical records - including x-rays and sonograms. The file was probably 8 inches thick, and does not include anything that has been diagnosed or updates since my husband started receiving care with the VA in Feb.

Listed on the site under Contentions was bilateral hearing loss, tinnitus, sleep apnea with CPAP, residuals status post facial reconstruction, deviated septum, neck condition, scoliosis, left shoulder condition, right shoulder condition, hip condition, right and left knee condition, right and left ankle condition, right and left foot condition, severe depression, and anxiety condition.

It also states that they need something else from us but we have NEVER received a notice saying they need anything. This is the list of what they need.

We need evidence showing that the following condition(s) existed from military service to the presen

...

time:

anxiety condition, severe depression, foot condition, right, foot condition, left, ankle condition, right, ankle condition, left, knee condition, right, left knee condition, hip condition, right, right shoulder condition, left shoulder condition, scoliosis, neck condition, deviated septum, residuals status post facial reconstruction, sleep apnea with CPAP, tinnitus, bilateral hearing loss.

I just don't understand we gave them EVERYTHING. I know for a fact all of the information they are looking for was in his medical records. He also had his C/P exam in Feb of 2011. We were hoping it would be almost finished. I feel like we are still in the begining stages of this whole thing, not over 9 months into it. We still need to file a new claim to include PTSD, TBI, and a few other small things but I am so scared that doing anything else will make this take much longer.

Megan

Edited August 27, 2011 by DrksWife=)

[Berta]

Those are a lot of conditions for them to deal with.

Were you able to claim some as primary with some as secondary? Or did you claim all as direct SC conditions?

"I know for a fact all of the information they are looking for was in his medical records."

The VA has to be treated like they are ten years old. In other words the Claimant has to lead them by the hand to where the evidence is.

Have they sent a VCAA letter yet?That should have basically stated what is stated here:

We need evidence showing that the following condition(s) existed from military service to the presen...time:"

They need proof of a service nexus for each condition.

For example-

"bilateral hearing loss"- did he have any hearing loss noted in his SMRs? Was his MOS consistent with exposure to acoustical trauma?

Was his service during a period when DOD didn't issue protective hearing gear (like during the Vietnam War)

"severe depression, and anxiety condition." was he treated for anxiety or depression in service?

If not does he have a proven nexus for inservice cause of the anxiety or depression?

Has it been continuous since service?

You mentioned also filing for PTSD- but the VA will only grant for one MH disability (with proven nexus).The new PTSD criteria is in our PTSD forum.

TBI- they can rate the residuals of TBI separately from any MH issue. Does he have proof of the cause of the TBI?

Is he an OEF/OIF veteran?

Are the ankle , knee, etc conditions due to the TBI incident?

Is the anciety//depression caused by the TBI incident?

That is what I mean by claiming a primary and then secondarys to it.

Did some vet rep file the claim like this for him?

Edited August 27, 2011 by Berta

[DrksWife=)]

I think I am a little more confused now. We are going to go to our VSO this week and talk to him. We didn't want to bug him when we were told it can take 6 to 8 months for everything. We were trying to be patuent, guess that was a bad idea.

I don't know how to determine primary or secondary. We just list everything (the VSO told us to do that). The ankles and kness (and probably shoulders) were from several injuries from being airborne and infantry. We are not exactly sure what incident caused the TBI. It was either severe heat stroke, a stryker accident, or another explosion accident while deployed. Yes he is OIF/OEF Veteran.

What is a VCAA letter? The only letters we have been getting are "we are working on your claim and will let you know if we need anything" form letters that come every 60/90 days.

I know the hearing loss was proven when he was ETSing and he was told with hearing that bad he would not have been allowed to re enlist. He also has a very hard time hearing things. When he had his C/P exam he was told by that audiologist that his hearing is fine and the other audiologist didn't do the test right and said DH has Tennitus for sure.

As for the depression and anxiety it has been diagnosed and in medical records since 2006/7. This last deployment he had a major episode and ended up being placed on suicide watch for almost 2 weeks.

I know he asked many times for therapy and he was told over and over he didn't need it and to "man up." He finally went to therapy on his own (private pay because unit would not sign off after the initial 8 sessions) and was told he was not allowed to leave work early to go. Then they would keep him until 5:30 (just sitting around doing nothing) before releasing him - so of course he couldn't make his sessions. I am sure none of this is in his medical records or military records. This last unit was very,very bad. =(

*sigh* This process should not be this complicated. =(

Megan

Those are a lot of conditions for them to deal with.

Were you able to claim some as primary with some as secondary? Or did you claim all as direct SC conditions?

"I know for a fact all of the information they are looking for was in his medical records."

The VA has to be treated like they are ten years old. In other words the Claimant has to lead them by the hand to where the evidence is.

Have they sent a VCAA letter yet?That should have basically stated what is stated here:

We need evidence showing that the following condition(s) existed from military service to the presen...time:"

They need proof of a service nexus for each condition.

For example-

"bilateral hearing loss"- did he have any hearing loss noted in his SMRs? Was his MOS consistent with exposure to acoustical trauma?

Was his service during a period when DOD didn't issue protective hearing gear (like during the Vietnam War)

"severe depression, and anxiety condition." was he treated for anxiety or depression in service?

If not does he have a proven nexus for inservice cause of the anxiety or depression?

Has it been continuous since service?

You mentioned also filing for PTSD- but the VA will only grant for one MH disability (with proven nexus).The new PTSD criteria is in our PTSD forum.

TBI- they can rate the residuals of TBI separately from any MH issue. Does he have proof of the cause of the TBI?

Is he an OEF/OIF veteran?

Are the ankle , knee, etc conditions due to the TBI incident?

Is the anciety//depression caused by the TBI incident?

That is what I mean by claiming a primary and then secondarys to it.

Did some vet rep file the claim like this for him?

[Pete53]

The VA often waits for things it already has.

[halos2]

Bug your VSO and have him/her look into it and see what they may read on the computer. BTW you are aware of the approximate million claims they are behind, aren't you? Nice to tell people it will be so many months and it evolves into years. A Persian Gulf I know waited from 07 and just got his done last year after they finally did his 2 C&P's last summer and he received his paper check in the mail 4-6 weeks post C&P exams, and his VSO and the VARO did not know what he was rated, or if he was rated yet, and did not know what the checks was for...took a couple of months to find out what amt was and retro date too. So you cannot trust what each person may say...They are saying they are acting on claims sooner, but I don't know...Depends on VARO locations amongst other variables.

[john999]

If he was injured in combat his word has pretty heavy weight as far as confirming his injuries. If he says he hurt his ankle or knee escaping ambush the VA is supposed to give his statement some weight. Does he have purple hearts or combat badges from OIF/OEF? Having a claim in development for a year is not that unusual. What it really means is that the claim is just waiting in a pile. If you could find out exactly what they are waiting for you might be able to provide it.

[Berta]

John is right -they need to know the in service cause of the disabilities.

He should tell VA of any private medical records he might have and attempt to get them himself as well.

Pete and Halos are right too-

"What is a VCAA letter?"

The VCAA was enacted in 2000 to ensure veterans get proper and detailed notice from the VA as to what evidence the VA needs. The letter will state IMPORTANT REPLY REQUESTED and there will be an enclose Response form with a deadline -where you can elect to send more info or ask them to consider what they already have.

I sure feel that this is the time to send them as evidence- what one feels they already have- as it pertains to the claimed conditions.

VA does not take the time to really search through SMRs or med recs for ANYTHING.

It is up to the claimant to highlight to the VA whatever evidence is critical to their claims (and enclose copies of it)

either with their VCAA response or ASAP with a 21-4138 cover letter in support of the claim.

With so many claims in the system it is almost imperative for a claimant to support their claim with evidence ASAP.

I have friend who keeps saying-but they have this and that-when I have suggested he send them records himself. He just doesn't seem to want to take the time to go through his records himself.

His claim has been continuously denied and is going into its 8th or 9 year.

If your husband didn't get a formal VCAA letter and response form-the VA has committed a CUE.

Something to see if the DAV checked over.There will be a copy of the VCAA letter in the DAVC file they have on his claims.

"We are not exactly sure what incident caused the TBI. It was either severe heat stroke, a stryker accident, or another explosion accident while deployed."

Can he prove he suffered from injuries directly from any one of those situations?

Here are a few links for more info:

There is some good info here as to OIF OEF veterans

http://www.oefoif.va.gov/

and here:

and many good discussions here at hadit for OIF OEF veterans who also come under ALL Gulf War vet presumptives.

SOme VSOs are great but others simply fill out paperwork.

Dont depend on the VSO to help make the claim succeed.

The best rep most of us will ever have is the person we see in the mirror when we wake up.Everything anyone needs to know about VA claims is here at hadit.

Once he gets C & P exams he should request copies of the exam results.

Did he claim the tinnitus? He might need an audiology report from an audiologist independent from the VA.

Edited August 28, 2011 by Berta