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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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midnight340

Devastated, Worried.... Ptsd/all Denied.

Question

I don't even know where to begin. I'm shaking, and avoiding my emotional response as much as possible. I wanted to get some of this down before whatever happens next.

My case decided on Jan 27, and closed two days ago. One year (with last three months flagged for hardship), Today an American Legion person at my VARO was able to read my letter and tells me my PTSD and all other claims were denied. I am 65, so pension was awarded at $311/mo on top of my $702 social security check.

My initial claim went in with PTSD, depression, anxiety, sleep problems, and a string of other claims. I have seen three VA psychiatrists, all of whom confirm PTSD. My C&P says PTSD is "severe and chronic" and "not likely to improve" and that I am "unable to work." My GAF score was 42. The VA added TDIU to my claim.

Everything was denied because they say I was assigned to the FDR (aircraft carrier) operating off the East Coast at the time of the major stressor in California. (We flew back and forth to the carrier) The records show that I was assigned to the carrier as my photo recon squadron was assigned to the ship, but home base was NAS Miramar in California where my major stressor happened. (I was present when a fighter crashed into a hangar, with 11 deaths, 26 to burn unit, etc.)

I had three other stressors while working the flight deck on the carrier, all of which my C&P says meet stressor standards. These were denied because I have no medical records from the time showing I experienced this. (Am I alone in not going to sick bay when someone got killed? This was 1970! ) I wrote careful and extended accounts of all stressors with notes on the impact on my life. I was very detailed and careful.

I am fortunate to have the best relationship ever in my life, and to have had support through all this, but financial stresses have been extreme with bankruptcy and foreclosure. I don't know if this is survivable.

The American Legion person at my VARO says I or they need to find flight logs from my squadron showing my being at Miramar at the time. I don't know if this is possible.

I don't know that anyone can help. But I needed to write this down.

Edited by midnight340

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I just posted an update on the other thread... maybe should have done so here. I don't know how to combine threads, since this has been going longest I will post here from now on.

"Update as of this morning:

(Overview: Due to VA assessment of PTSD severity and C&P statement that I cannot work, they have given me the NSC pension with a 70% non-SC rating. With the info they had, they decided that I was not at the location of my major listed stressor. Thanks to steve&pat magically coming up with a copy of my detachments TAD orders showing me at Miramar not then aboard the FDR I will be able to reasonably prove my location I believe.)

I talked with my American Legion person at my VARO this moring. She says that the proper thing to do now is to file a

"Reconsideration due to New Evidence." I assume there is a form for this. What experience have people here at hadit had with the Reconsideration requests?

She told me that once I do this that I could expect it to take 6-8 months. Is this approximately correct? Do you agree that this is the right path to take??"

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I am so grateful for all the help here!! I can't imagine getting the denial and sitting here at home crushed and not having this support.

Stretch, sorry you had to go through that... I certainly understand. Steve&Pat, I had not found the CVA 42 site, so thank you for that (by now I owe you guys so much!!!!!!!)

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I'm fairly new at this, don't know what the JSRRC is.... I do know what it stands for, but don't know what they do...

Steve, I got the email from Pat. Thanks for all your efforts!!

Mystic, thank you for cheering us on in this!!!

I promise if I make it through this and win this, that I will be here for other vets!!! You guys are all great.

Hope this help it is a previous post here on hadit. I found out a JSRRC review had been done on my stressors. when I requested a copy of my C-file and a copy of the JSRRC review of my stressors was there. My stressors were confirmed in the review. What you need to find out is whether a JSRRC review was done to confirm your stressors.

68mustang

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68mustang, I don't think the JSRRC review was done. In my decision they said I did not give enough evidence to do a records search for my other stressors. I now understand that they need approx. dates of crashes/deaths and/or plane #'s, etc. Maybe now that I have the link for information on CVA-42 I will find more.

I will work on this... since I thought the Miramar event was beyond question I did not pursue the others so much. oops. Had I done that it would have been good, as all I listed were stated in my C&P as meeting requirements to be considered as stressors. (there were three besides the Miramar event)

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.. since I thought the Miramar event was beyond question I did not pursue the others so much. oops. Had I done that it would have been good, as all I listed were stated in my C&P as meeting requirements to be considered as stressors. (there were three besides the Miramar event)

These other stressors - did the C&P doc in any way related these to your current diagnosis of PTSD ?

Were these "other" stressors discussed in the Reasons section ?

What exactly is stated ?

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