ptsd Non Combat Ptsd Claim Changed To Combat Ptsd By Va

[DOCRVSR]

Let me start by saying that I am a newly retired navy surface force independent duty hospital corpsman (11/1/11) and new RVSR. I filed my initial claim on 8/1/11 and received a partial rating from VARO San Diego on 2/1/12. My non combat PTSD claim was denied for further development although I completed my VA PTSD examination on 8/25/11. The examiner diagnosed me with PTSD and provided me with a clear nexus relating my claimed stressor to my humanitarian missions in Senegal. I was diagnosed with a Major depressive disorder while on active duty by a deployment psychologist due to the same claimed stressor. I found out on 4/2/12 that VARO San Diego submitted a PIES request for my entire personnel file due to me not having a campaign medal on my DD 214. Here is the issue you do not need a campaign medal for a non combat PTSD claim. I provided them with 13 pages of evidence on 1 March 2012 which has yet to be included into my C-file. I submitted a IRIS request asking why my claim was changed from a non combat claim to combat and sent back to the development phase. The answer i received was from Mr. Patrick Zondervan the service center manager stating that I should no what evidence is needed to develop my claim since I am a RVSR. He never answered my question about why my evidence has not been looked at and he never answered why the claim was changed wihtout me claiming a combat stressor. To make matter's worse he stated that as far as he is concerned the inquiry is closed and stated DO NOT REPLY TO THIS INQUIRY. If this is happening to me as a RVSR I can only imagine what is happening to my fellow Veterans who are not as versed as I am due to my job. I left out a very important part of this story and it is the type of claim changed after a congressional inquiry. They can't seem to be able to wrap there minds around the fact that I was deployed onboard a Dutch ship supporting the Royal Marines. We are taught that if the evidence is in equipoise you are the grant the claim in Favor of the Veteran. I have a diagnosis of PTSD with clear nexus and stressor conceded, my military job is consistent with the claim stressor, evidence was submitted (TAD ORDERS and Performance information memorandum from Africa) yet there still seem to be some confusion with the sensitive 7 RVSR. Any thoughts.

[john999]

One of my best friends in Vietnam was granted 30% for PTSD recently while I was granted 10% for schizophrenia back in the day. We had the exact same job. I was much worse off than he was then, and now he is worse off than I was. I have 70% for mental disorder and he has just 30%. The VA reasoning on mental health DX and severity are just a throw of the dice. If they said I had major depression in service that is the claim I would go with and not try for PTSD unless you are trying to get the special combat compensation.

[Berta]

Welcome aboard!~

“If this is happening to me as a RVSR I can only imagine what is happening to my fellow Veterans who are not as versed as I am due to my job. “

This kind of VA crapola goes on all the time , as we at hadit, well know.

Lots of hardcore VA claimants here.

“We are taught that if the evidence is in equipoise you are the grant the claim in Favor of the Veteran. I have a diagnosis of PTSD with clear nexus and stressor conceded, my military job is consistent with the claim stressor, evidence was submitted (TAD ORDERS and Performance information memorandum from Africa) yet there still seem to be some confusion with the sensitive 7 RVSR. Any thoughts. “

Within weeks of my husband gaining employment at the local VA ( a Sensitive 7-they screwed around with his 30% PTSD rating.He had started Voc Rehab too.

The VA stated that this former Nuke , who never had a PT job in his life, had sustained gainful employment at the VA in a part time job, and they considered his , at that time, one semester of college, had turned him into a rocket scientist. I wrote a scathing NOD when they proposed to drop him from 30 % to 10, using common sense and the regulations themselves and they dropped that idea in a few months.

You are right on the Relative Equipoise concept of weighing the evidence but VA owns that scale and kicks Blind Justice in the knee sometimes to make sure their side of the scale tips against the veteran.

I worked for the VA too as a Vet center Volunteer. Although I have griped about VA a lot, and even have given H VAC testimony against them , I love the VA in many ways. Some of the best people I met when I moved to NY work ,with true dedication, at the local VA and are good friends of mine.

But VA crap in the claims process happens. The recent court order against the ROs due to the unconscionable backlog shows what I mean.

Carlie made a good point as to what you were diagnosed with inservice. The MDD.

“I claimed major depression but the VA examiner changed the diagnosis to PTSD. My concern is the legality behind changing a claim without first talking to the claimant “

They don't care about talking to us claimants.I need to think about that.... I wonder if that diagnosis change also rendered the wrong meds and wrong therapy to you....

With all due respect, and I sure appreciate you service, not only in the Military, but now with the VA,

your education in the VA claims process will be vastly enhanced by your continued presence at hadit.

As I understand this, the claim has been deferred and not denied.

If it is denied, and if you can scan and attach the decision here at that time (cover the personal C file number, name, address stuff) we can go over it with a fine tooth comb, and with our cumulative expertise here in VA regs and VA case law, as well as our own claims experiences, we will do all we can to help you get the correct decision that you deserve.

Do you have one of the VSOs or NSOs helping you? Many of the main vet orgs have some vet reps in offices right in the same RO buildings. ( Like DAV, AL, VFW, etc.)

Also, are you sure your DD 214 is correct?

It does not hurt to file a DD 149 (the form is here...I can post a link if needed and expalin how to file it out.) and ask DOD to make sure your DD 214 reflects everything it should.

I have a DD 215 right here.... it was the DOD correction on my husband';s DD 214.....more decorations and ribbons that he though he had in 1968 when he was discharged.( USMC 64- 68) .The DD 215 came mere months before he died, decades after his service.

Edited July 13, 2013 by Berta

[Berta]

Forgot to ask.. did you file the MDD claim within one year after your discharge?

SOunds like the diagnosis change was due to manipulating the future EED.

Claims filed within that year can receive the day after discharge as the most favorable EED , as you know.

If the PTSD is awarded, I wonder if they would use the diagnosis cange date for the EED.

Buffalo ???? I deal with the Buffalo VARO. I didnt catch that at first reading.....

Over the past 18 plus years (as a survivor claimant) they have NEVER sent me a proper award from the git go.

And messed up my daughters Chap 35 claim by failing to add her 7 years Military service to the Chapter 35 EED.

I named Buffalo VARO, and their Director , with evidence, in my H VAC testimony years ago to support my legit gripe as to how they can hinder and impede any vet or widows valid VA claims.

I know they have some real good people there, but those employees work side by side with some idiots, in my opinion.

Edited July 13, 2013 by Berta