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Claim Going Too Fast A Bad Thing?

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damilwestlawnvet

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Hello everyone, I have a question about my claim. It's been open since Dec 2011, but it was closed because i didnt give them more info. I submitted info to the VA in May/June then I had a C&P exam on Jul 9. Then soon after my exam the claim went to Prepartion of a Decision and now today its Pending Decision Approval. I'm thinking to too fast and they are going to deny me. Any insight will be helpful. Thanks

Claim: PTSD

Service: 2002-2009

Edited by damilwestlawnvet
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It is my experience (having worked for the Board of Veterans appeals BVA) and as a state service officer, that people do their C&P exams wrong. First you NEVER tell the interviewer how good you are. You AWAYS tell the interviewer how bad you are. If you gave the interviewer a range, you told them how good you were.

Second, people never study for the C&P exam. Since they don't know what to expect, they don't know if the examiner did a proper job.

Check out this link and you will find EVERY C&P exam the DVA has and you will know what to expect.

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

What people don't know is if the veteran feels the examiner didn't do a proper job on the C&P exam, they can ask for a second opinion. They give a reason and I'd use the like and what is stated in the link to support your request. I'd fax it to the regional office but if you don't know their fax number, fax it to 540-597-1792. This is the Roanoke Va RO. Make sure you Name, SSN, Mailing Adress dtd and signature are on it or fill out a 21-4138. You will get a new C&P exam.

You have to learn to play by DVA rules and not by your rules if you expect to get the best possible rating.

In everything with the DVA you have to be at your worst. The DVA is very visual, they need to see how bad you are.

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The VA could deem a stressor as not sufficient for two main reasons.

My past post here explains what the VA defines as a stressor:

Also since the new PTSD regulations came out, the VA further defined 'stressor' as Carlie's post here shows:

The second main reason could be that the VARO did not find the stressor sufficient enough to have JSRRC confirm it.

“That

same month, the RO determined that the Veteran had not submitted

sufficient stressor details to warrant a request to verify the

Veteran's stressors with the U. S. Army & Joint Services Records

Research Center (JSRRC) (discussed in greater detail, infra). “

from: http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files1/1103947.txt

It often pays to write to JSRRC oneself for stressor confirmation.

(Their contact info is here under a search)

Whether VA asks JSRRC to verify a stressor or the vet writes to them for verification, there must be significant details to confirm the stressor, such as time and place, evidence in any morning or unit reports, any details whatsoever that can help JSRRC confirm what happened to the veteran.

Buddy statements also can help confirm a stressor.

In a claim my daughter helped with, the veteran had the exact names of all who were involved in the same stressor, and one of their buddy letters even gave VA the buddy's C file number to check out to verify they already had SC PTSD confirmed for the exact same stressor as these other vets had experienced.

Buddy statements (info on which can be searched here)as documented and signed eye witness accounts of stressors, or in some cases , (for Vietnam vets, a Wall tracing of a death of a buddy in Vietnam ,which can only be done if you know the veteran's hometown and they are in same unit,same time as the veteran seeking support of a stressor , in order to find the proper name panel)-

can corroborate the details that VA needs to find a stressor sufficient , if it raises to the level of how they define a stressor.

If you can tell us exactly why -in VA's words- (or scan the reasons and bases part of the decision and put it here as an attachment (cover personal identifying stuff) perhaps we can help more.

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claimed denied..got my letter today...

va states i experienced a stressful event but it was not sufficent...

My guess is that VA conceded a stressful event happened on active duty

but for XYZ reasons you do not currently (by medical evidence) meet the

rest of the qualifying criteria for a diagnosis of PTSD.

http://www.ptsd.va.gov/professional/pages/dsm-iv-tr-ptsd.asp

Diagnostic criteria for PTSD include a history of exposure to a traumatic event meeting two criteria and symptoms from each of three symptom clusters: intrusive recollections, avoidant/numbing symptoms, and hyper-arousal symptoms. A fifth criterion concerns duration of symptoms and a sixth assesses functioning.

Criterion A: stressor

The person has been exposed to a traumatic event in which both of the following have been present:

  • The person has experienced, witnessed, or been confronted with an event or events that involve actual or threatened death or serious injury, or a threat to the physical integrity of oneself or others.
  • The person's response involved intense fear,helplessness, or horror. Note: in children, it may be expressed instead by disorganized or agitated behavior.

    Criterion B: intrusive recollection

    The traumatic event is persistently re-experienced in at least one of the following ways:

    • Recurrent and intrusive distressing recollections of the event, including images, thoughts, or perceptions. Note: in young children, repetitive play may occur in which themes or aspects of the trauma are expressed.
    • Recurrent distressing dreams of the event. Note: in children, there may be frightening dreams without recognizable content
    • Acting or feeling as if the traumatic event were recurring (includes a sense of reliving the experience, illusions, hallucinations, and dissociative flashback episodes,including those that occur upon awakening or when intoxicated). Note: in children, trauma-specific reenactment may occur.
    • Intense psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event.
    • Physiologic reactivity upon exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event

      Criterion C: avoidant/numbing

      Persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness (not present before the trauma), as indicated by at least three of the following:

      • Efforts to avoid thoughts, feelings, or conversations associated with the trauma
      • Efforts to avoid activities, places, or people that arouse recollections of the trauma
      • Inability to recall an important aspect of the trauma
      • Markedly diminished interest or participation in significant activities
      • Feeling of detachment or estrangement from others
      • Restricted range of affect (e.g., unable to have loving feelings)
      • Sense of foreshortened future (e.g., does not expect to have a career, marriage, children, or a normal life span)
      • Criterion D: hyper-arousal

        Persistent symptoms of increasing arousal (not present before the trauma), indicated by at least two of the following:

          [*]Difficulty falling or staying asleep

          [*]Irritability or outbursts of anger

          [*]Difficulty concentrating

          [*]Hyper-vigilance

          [*]Exaggerated startle response

          Criterion E: duration

          Duration of the disturbance (symptoms in B, C, and D) is more than one month.

          Criterion F: functional significance

          The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning.

          Specify if:

          Acute: if duration of symptoms is less than three months

          Chronic: if duration of symptoms is three months or more

          Specify if:

          With or Without delay onset: Onset of symptoms at least six months after the stressor

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wow i wasn't expecting a response after a few days..but since u guys did I really appreciate it..

the denial listed two things

1. there is no diagnosis for Post tramatic stress disorder

2. There is no medical evidence that supports a claim for Post tramatic stress disorder. (or something like that)

We concede you did experience a stressful event or threat of terriorist activity.

I was confused when they told me this. I told them I dont have any relationships with my friends/family and I HATE large crowds. I have nightmares of the events and I have this quick temper for even the smallest thing as well as other stuff. I don't know I think the examiner killed my claim. Seemed to be judgemental and I was hard for me to open more to him. I well try to get them to re-open it this time get my brother and wife to submit statements and see how that goes. Thanks for all the help people.

Edited by damilwestlawnvet
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