Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Hi Long Time Reader, New To Posting

Rate this question


wm36

Question

Hi All,

First thanks to all, especially the elders for all of the valuable information posted here. It has helped me a great deal.

I have read a number of posts and used the info for my benefit.

I was a Marine from 1998-2003. I suffer from Major Depression and PTSD.

I filed a claim for benefits shortly after service--2004 and got denied and gave up. I was in such a bad place that I didn't have the will or energy to fight the decision. After several hospitalizations and getting so depressed and anxious that I was no longer working at one point gave up on ever leaving my house and upon advice from the Women's clinic at my Va (West Haven, Connecticut) I refiled in 2006.

After an unfavorable decision at the RO level, I appealed to BVA, waited there for three years, and final got a remand in Nov 2011.

I've made several mistakes: like not having m C-file: upon receiving it I realized that My medical records were incomplete. It was as if someone took the last year of my service and erased it from the record. Literally, the last notation was for june 2002, not to give into conspiracy thoughts I hope that this was a clerical error of some sort (however there is a part of me that truly believes they were removed or disappeared on purpose because I was perfectly fit until the last year of my problems when I was diagnosed with Addison's, and depression and these notations were all included in the copy I had.)

I then let the file leave the RO without giving them the copies I had of the records noting that my depression started and was treated while I was in service. I listened to my DAV service officer who claimed that my file went straight to Washington and there was nothing he could do. NOTE: my file never left the RO for a year and I was within my time limit to submit new evidence.

I never had a hearing and was never sent for a C&P examination during this odyssey.

Fast forward to the present.

I have plenty of questions on what happens now.

I got a remand in Nov and now am waiting for the AMC-- which according to all the posts is going to be another ridiculously long wait.

But this post was to introduce myself. Thanks in advance for helping me with my host of forthcoming questions and I am so glad this site exists for info, to celebrate vicariously those that win, to state my hobby has become reading the posts, to laugh at the rants--I have a few in me like HOW is it that when I informed the VA that I was divorced they were able to open the claim for dependency, get a notification to me that I owed them money, resolve my second dependent paperwork for my daughter, close the claim and start collection in 18 days and my claim for benefits has been languishing for 6 years, I understand it is more complex to decide and rate disability claims but is it 597 times (rough calculation in how long Ive been waiting) more complex?

Mollymarine in limbo...

Link to comment
Share on other sites

  • Answers 15
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Thank You for Service, Welcome Aboard!

Never give up, fight for your right.

"Injustice anywhere is a threat to justice everywhere"

Link to comment
Share on other sites

I was a Marine from 1998-2003. I suffer from Major Depression and PTSD.

I filed a claim for benefits shortly after service--2004 and got denied and gave up. I was in such a bad place that I didn't have the will or energy to fight the decision. After several hospitalizations and getting so depressed and anxious that I was no longer working at one point gave up on ever leaving my house and upon advice from the Women's clinic at my Va (West Haven, Connecticut) I refiled in 2006.

After an unfavorable decision at the RO level, I appealed to BVA, waited there for three years, and final got a remand in Nov 2011.

I've made several mistakes: like not having m C-file:

upon receiving it I realized that My medical records were incomplete.

It was as if someone took the last year of my service and erased it from the record. Literally, the last notation was for june 2002, not to give into conspiracy thoughts I hope that this was a clerical error of some sort (however there is a part of me that truly believes they were removed or disappeared on purpose because I was perfectly fit until

the last year of my problems when I was diagnosed with Addison's, and depression

and these notations were all included in the copy I had.)

I then let the file leave the RO without giving them

the copies I had of the records noting that my depression started and was treated while I was in service.

I listened to my DAV service officer who claimed that my file went straight to Washington and there was nothing he could do.

NOTE: my file never left the RO for a year and I was within my time limit to submit new evidence.

I never had a hearing and was never sent for a C&P examination during this odyssey.

Fast forward to the present.

I have plenty of questions on what happens now.

I got a remand in Nov and now am waiting for the AMC--

which according to all the posts is going to be another ridiculously long wait.

But this post was to introduce myself. Thanks in advance for helping me with my host of forthcoming questions and I am so glad this site exists for info, to celebrate vicariously those that win, to state my hobby has become reading the posts, to laugh at the rants--I have a few in me like HOW is it that when I informed the VA that I was divorced they were able to open the claim for dependency, get a notification to me that I owed them money, resolve my second dependent paperwork for my daughter, close the claim and start collection in 18 days and my claim for benefits has been languishing for 6 years, I understand it is more complex to decide and rate disability claims but is it 597 times (rough calculation in how long Ive been waiting) more complex?

Mollymarine in limbo...

wm36,

I am moving this topic to the Claims/Benefits Forum.

What condition/s are/is, your current 30 percent SC for ?

The claim you filed and was denied in 2004 - was for what issues/conditions ?

On this rating decision, what exactly is stated, in the Reasons/Reasons and Bases Section ?

Apparently, your claim has been transferred to the BVA's jurisdiction.

What are the issues / conditions, under their jurisdiction ?

The BVA looked everything over.

In Nov the BVA wrote some remanded instructions and

sent your claim off to the AMC - where it sits now.

Let's go back to:

"NOTE: my file never left the RO for a year and I was within my time limit to submit new evidence."

This "new evidence" of concern here, if I understand correctly so far, are active duty SMR/STR's

that show a diagnosis for Addison's and depression, and that you began receiving some treatment

for your depression, while still on active duty.

It is your contention that this evidence was not of record when the prior decision/s were made,

thus not factored in for consideration, in prior decision/s.

If this is correct and these SMR/STR's were not of record -

(check prior rating decisions and compare these records to the EVIDENCE section)

or mentioned anywhere in the prior rating decision/s -

then you most certainly are allowed to submit copies of this evidence now, to the AMC / BVA.

I would suggest including a signed waiver of VARO consideration, because if you don't waive VARO

consideration - this would result in an additional remand down the road.

More on the waiver later.

If you can answer these questions in full, it will help us - help you.

JMHO

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Thanks for responding Carlie,

I am service connected 20% for Addison's disease, and 10% for hearing loss.

I had to dust off my c-file to answer your questions. I filed originally in 2004. Got a denial because the VA linked my depressive disorder to my Addison's. I being naive and depressed never looked into the original denial and the claim became final.

I was more proactive the second time around as I was actively seeking treatment at my VA hospital for my depression and PTSD.I submitted a second claim in 2006, claiming that my depressive disorder and PTSD were not secondary to Addison's and that while my Addisons is regulated with medication, my mental disorders were not improving and were worsening and should be considered separate issues so my 2006 claim is for:

MDD and PTSD.

The first denial came from the VARO, they cited that there was no medical evidence that I was treated for any psychiatric disorder prior to being discharged from the service and that my claim was due to a stressor which occurred after service. This was in january 2007. When I received the decision i promptly dug up my medical records and went to my VARO (next day 90 mile drive.) I was told by my VSO that it was too late to submit new evidence and that my file was shipped to washington. ---when I checked my c-file I saw that my ssoc and form 9 sat at the regional office a full year after I brought my evidence in. He then promised to forward the evidence to the BVA. What he actually did was nothing.

I did request a copy of my C-file and gathered my medical records a second time and sent in a waiver for RO consideration. So the evidence that I sent in is of record with the BVA as of the day I received the remand On appeal from the Nov 2011. I think all of my ducks are where they should be.

The decision (to paraphrase) acknowledges that I was treated for depression while in service and that I continued to receive treatment up until current date.

So Remand instructions were to:

1. Ro or AMC to update treatment records from West Haven VA

2. Vet should be afforded a VA examination "the examiner should provide an opinion with respect to each acquired psychiatric disorder currently present or present during any time during the tendency of the claim as to whether there is a 50 percent or better possibility that the disorder originated during service or is otherwise etiologically related to service."

3. The RO or AMC should undertake any other development if determined to be warranted.

4. Then RO or AMC should readjudicate.....

I had my C&P in dec. I received what I think is a favorable opinion. I have a copy of the exam and her conclusions. " The claim condition was as likely as not (50 percent or greater possibility) incurred in or caused by the claimed in service injury, event, or illness.)" She wrote detailed notes and it looks like I had a fair and complete exam.

So we are now in March and I have no clue what is happening with my claim. Ebennie does not give info for AMC adjudicated claims.

It is with the AMC which I have learned is the black hole for claims. My question is (sorry for extra- long post.)

1. I there a way to get the AMC to send my case to Hartford RO?They seem to move quicker on claims. Or am I stuck waiting an additional year in the dark about this claim?

2. Can the dependency claim that I ranted about earlier hold things up? It has been closed as of Feb 28.

3. My claim seems pretty straight forward and I have not so much a sneezed any additional paperwork to anyone for years. I have been very patient and I try not to get too worked up, however like many I am in dire circumstances financially and I'm not prepared to wait another 2 years to get this decision, so If anyone has any advice on how I can get away from the AMC please please please answer this.

Thank you all for your support.

Link to comment
Share on other sites

You need to send in your service records that will help your PTSD claim and ask for the date of claim to be from when your first filed. Do this ASAP.

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

Join us on Facebook

Link to comment
Share on other sites

  • HadIt.com Elder

If you feel you cannot work, have you considered filing for social security disability?

Are the last year of treatment records still missing?

Are these missing treatment records from a hospital rather than sick call records?

Did you obtaing copies of these records from the military or did you get them out of your C_file?

Hospital records may require a separate request made directly to the hospital.

if you got the Service treatment records from the c-file the VA could have "lost" them and they still might be available from the military records service.

Edited by Hoppy

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use