ptsd Ptsd "deferred"

[eganusn]

Good Afternoon all,

I was recently upgraded from 30 to 50% last month for some other conditions.

However, the PTSD that I filed under the "new" regulations have been "deferred".

On the docs submitted to me to explain the deferrment, it notes "Eligibility to treatment for

PTSD".

I submitted the documents back on 2/9/11, regarding dx of PTSD while in service, along with

other evidence tying my SC for it (I was denied by the VA for SC in 1997), and also had my

QTC on 3/14, but the VA stated on the docs that my claim for PTSD was deferred because

they need additional information.

So I truly don't get the deferral; I have complied with the VA giving them everything they need to make a decision, had the examination, so what other "information" would they need?

My guess is that the examiner gave me a low GAF score that could possibly put me in the 100% category, and that the original contention of SC versus Service aggravated is essentially in my favor, and so the raters and decision makers were basically caught with their pants down.

I base some of my guesses on the fact that the examiner was not supplied with all the information that I gave the VA some time ago, and she was surprised as well (the VA did not supply her the original dx notes that I had while on active duty). Her assesment at the beginning of the exam was for service aggravation, but she did note after my evidence was supplied that it was a pretty clear cut case of service connection.

In any case, has anyone here been in this situation as well? And what was the resolution?

Thanks ahead of time for any help.

[carlie]

I was recently upgraded from 30 to 50% last month for some other conditions.

However, the PTSD that I filed under the "new" regulations have been "deferred".

On the docs submitted to me to explain the deferrment, it notes

"Eligibility to treatment for PTSD".

The comment I'd like to make is that since your SC'd percentage hit 50 percent,

that alone meets your eligibility requirements, to receive treatment and meds

for any and all medical conditions (except dental) you need, through VA without any co-payments,

even if the conditions are not SC'd.

[Berta]

“I submitted the documents back on 2/9/11, regarding dx of PTSD while in service, along with

other evidence tying my SC for it (I was denied by the VA for SC in 1997), “

If that was a documented diagnosis in your SMRs then it appears to me that you might be able to use this reg to your advantage, if you succeed in the current PTSD claim.

Sec. 3.156 New and material evidence.

Also more info is available here if you search under 'newly discovered service records.'

Unless there was some other reason for the PTSD denial in 1997, then I assume the VA did not consider the inservice diagnosis when they denied.

Veterans who succeed by utilizing Sec. 3.156 gain retro comp back to the denied claim filing date.

I posted some examples here as to how it works. It is all here somewhere.

Do you still have the denial from 1997 and VA's exact wording as to their reason and bases to deny PTSD SC??

If so can you tell us here exactly how they stated the older denial?

[eganusn]

Carlie and Berta, thanks for responding.

Carlie, yeah, when I saw that in the docs, I was wondering what they meant "eligibility to treatment" since I am at the 50% mark. Like I mentioned in first post, I think its a "delaying" tactic.

Berta, I have posted on several threads regarding my PTSD in the recent past, and the reason for the denial once I got out was the Navy was because of a little known rule to deny anyone with under 8 years of service, this despite being diagnosed in service and even then I hid it for over a year after I started having symptoms. I found out over 2 years ago, why I was denied by the VA, and that was because they didn't have any of the medical information that I actually hand walked into the VA HQ in

DC, so I opened up my case once again based upon that, as well my stressors fitting into the new rules category.

[eganusn]

Oh, almost forgot to mention, Berta, I was denied originally for "existed prior to service" based upon a dr. who wrote up my med board, and totally disregarded the original diagnosis I had from a different doctor, who at the time I had my med board, was "not available".

The VA only had my med board in the c file, not the diagnosis notes, which paints a completely different picture from the med board docs. The original denial and nod afterwards, stated "no evidence of in service diagnosis".

[Berta]

That is why every vet needs a complete copy of their SMRs.

That way, even if VA has them too but overlooks something, the veteran can send them a copy , highlighted as to the specific diagnosis and treatment in service.

These days the military requires newly discharged not to leave the service without them.

An SF 180 can be filled out on line at the NARA web site to obtain SMRs and 201 (personnel) files.

There is a form to print out, copy, sign and mail to NARA,which they associate with the on line request and will send the documents (or you will get letter advising if they are at the VA already)

[#1Cavtrooper]

eganusn, How long after you filed your "hardship" did it take for claim determination? It would HELP several of us to know this.

Thnx