ptsd Nod-Dro-Post Dro-No Soc-Bva-Back @ Vamc: Can Someone Help!

[MPsgt]

I post on here infrequently but, love some of the knowledge/advice giving. Here it is. PTSD 70%, Migraines 10%, and Ring of the Ears 10% for a combined service connection rating of 80%. I was denied an increase to IU 30 Nov 2011. I submitted an NOD to receive a DRO dated 25 Jan 2011. I was never contacted about a decision or giving a SOC. I'm going through the appeal process with an American Legion VSO.

I then received a letter from VARO on 10 APR 2012. The VARO acknowledged my NOD claim. They contacted my previous employer (USPS) and acquired copies of disability medical records from SSA. I receive SSDI which is reviewed every three years. I receive a Federal Disability Retirement that doesn't meet my families needs. I inquired about Vocational Rehabilitation & Employment 09 AUG 2011. The VA Counselor informed me I wasn't ready to pursue VR&E services at the time. I speculated the VA Counselor wouldn't help me back into law enforcement. Due to the severity of my disabilities.

I also submitted an opinion letter from my Psychiatrist and treatment records from the VetCenter. I continue to be treated weekly at both locations and regularly take prescribed medications. A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012. It stated a decision had been made. I would receive the decision, along with my VSO, and that my medical records were sent to the VAMC, not the VARO. Which brings me to today, 06 SEP 2012. Should I have received a SOC before the VARO sent the claim to BVA? Would the BVA send it back to the VAMC? Forcing them to make an "obvious" decision on the claim. If not, is this considered a remand? I haven't seen the word remand used in any of the documentation to this point. Someone please help me understand!

[Berta]

To add something here:

you posted:

" I received SSDI the first time through and was approved for FDR about the same time in FEB 2012. I've been unemployed and unemployable according to SSDI since SEP 2011. I've even tried VR&E more than a year ago with no success. I tried to return to college before the I was determined to be suffering from PTSD. Not once or twice but, three times. I could not concentrate and my anxiety levels are astronomical. The VA still expects me to go back to work or school. Yet, it is never going to happen. My History has proven this. I continue to seek treatment at the VAMC and VetCenter. I continue to take all my prescribed medications. I hope this clears up the muddy water and thanks for the input. "

Was the SSDI and Federal Disability Retirement solely for the same SC conditions?

You stated:

" I've even tried VR&E more than a year ago with no success"

Did the Voc Rehab counselor document in any way at all (these records will be separate from your Med recs) that your SC disability of PTSD prevented you from persuing the Voc Rehab program?

If your answer is Yes to either one or both of these questions, does the VA have this extremely critical information?

I dont think they do or they have it but never considered it.

I think this is the problem for your claim.

"The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011"

So you were not eligible for TDIU then but have subsequently become eligible for TDIU consideration since filing the claim.....

Broncovet said "It sounds like your DRO review was denied."

But I dont see any info here that it was and how, with the above evidence, could a DRO deny the TDIU claim?

(Then again I personally know the answer well, if the DRO has it and ignores it, the claim can go into the crapper-one of the reasons I got a double DRO review-by making the CUE themselves inas te BVA decision refers to (without saying what I did so no one else, as a claimant, gets that idea)

I stated here a few weeks ago:

"Sorry if my questions sounded dumb....this is a new one for me to read here.

I am surprised the AL rep didn't look into this for you."

From what I see, if you have the PTSD diagnosis from VA and your stressor has been confirmed, and the SSDI.FERS is for the same SC disability, regardless of what the Voc Rehab documentation says, . the AL has a winner here and

I feel the AL should get their thumbs out of their butt and really look into this.

Is your mailing address the same as it was when you filed this claim?

"The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011"

I am assuming the VA has no intention at all of giving this claim a DRO review based on that statement.

Your AL Rep needs ,in my opinion, an electronic thump call by phone, fax or mail;

[MPsgt]

To add something here:

you posted:

" I received SSDI the first time through and was approved for FDR about the same time in FEB 2012. I've been unemployed and unemployable according to SSDI since SEP 2011. I've even tried VR&E more than a year ago with no success. I tried to return to college before the I was determined to be suffering from PTSD. Not once or twice but, three times. I could not concentrate and my anxiety levels are astronomical. The VA still expects me to go back to work or school. Yet, it is never going to happen. My History has proven this. I continue to seek treatment at the VAMC and VetCenter. I continue to take all my prescribed medications. I hope this clears up the muddy water and thanks for the input. "

Was the SSDI and Federal Disability Retirement solely for the same SC conditions? YES

You stated:

" I've even tried VR&E more than a year ago with no success"

Did the Voc Rehab counselor document in any way at all (these records will be separate from your Med recs) that your SC disability of PTSD prevented you from persuing the Voc Rehab program? Yes, due to the severity.

If your answer is Yes to either one or both of these questions, does the VA have this extremely critical information? YES

I dont think they do or they have it but never considered it.

I think this is the problem for your claim. I AGREE

"The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011"

So you were not eligible for TDIU then but have subsequently become eligible for TDIU consideration since filing the claim.....YES

Broncovet said "It sounds like your DRO review was denied." I AGREE. HOWEVER, I NEVER RECEIVED ANY ACKNOWLEDGEMENT FROM MY VSO OR VARO.

But I dont see any info here that it was and how, with the above evidence, could a DRO deny the TDIU claim? EXACTLY

(Then again I personally know the answer well, if the DRO has it and ignores it, the claim can go into the crapper-one of the reasons I got a double DRO review-by making the CUE themselves inas te BVA decision refers to (without saying what I did so no one else, as a claimant, gets that idea)

I stated here a few weeks ago:

"Sorry if my questions sounded dumb....this is a new one for me to read here.

I am surprised the AL rep didn't look into this for you." I HAVE TALKED TO HIM ON TWO OCCASIONS BUT, I HAVEN'T REALLY PRESSURED HIM TOO. HE DOES HAVE A LOT ON HIS PLATE. RANDALL FISHER IS MY VSO. HE RECENTLY SPOKE BEFORE THE HOUSE COMMITTEE ON VETERANS AFFAIRS. I HAVE A DIFFICULT TIME ASKING PEOPLE FOR HELP TOO. I TEND TO GET HOSTILE AND CONFRONTATIONAL WHEN I FEEL LIKE I'M GETTING SOME BS RESPONSE.

From what I see, if you have the PTSD diagnosis from VA and your stressor has been confirmed, and the SSDI.FERS is for the same SC disability, regardless of what the Voc Rehab documentation says, . the AL has a winner here and

I feel the AL should get their thumbs out of their butt and really look into this. THIS COULD BE THE PROBLEM. HOWEVER, IT'S JUST NOT HAPPENING A FAST AS I'D LIKE. I AGREE, I THINK MY SITUATION IS CUT AND DRY. GET MY APPEAL SETTLED AND OUT OF THE WAY.

Is your mailing address the same as it was when you filed this claim? YES

"The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011"

I am assuming the VA has no intention at all of giving this claim a DRO review based on that statement. WHY DO YOU BELIEVE THIS?

Your AL Rep needs ,in my opinion, an electronic thump call by phone, fax or mail;

To add something here:

you posted:

" I received SSDI the first time through and was approved for FDR about the same time in FEB 2012. I've been unemployed and unemployable according to SSDI since SEP 2011. I've even tried VR&E more than a year ago with no success. I tried to return to college before the I was determined to be suffering from PTSD. Not once or twice but, three times. I could not concentrate and my anxiety levels are astronomical. The VA still expects me to go back to work or school. Yet, it is never going to happen. My History has proven this. I continue to seek treatment at the VAMC and VetCenter. I continue to take all my prescribed medications. I hope this clears up the muddy water and thanks for the input. "

Was the SSDI and Federal Disability Retirement solely for the same SC conditions?

You stated:

" I've even tried VR&E more than a year ago with no success"

Did the Voc Rehab counselor document in any way at all (these records will be separate from your Med recs) that your SC disability of PTSD prevented you from persuing the Voc Rehab program?

If your answer is Yes to either one or both of these questions, does the VA have this extremely critical information?

I dont think they do or they have it but never considered it.

I think this is the problem for your claim.

"The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011"

So you were not eligible for TDIU then but have subsequently become eligible for TDIU consideration since filing the claim.....

Broncovet said "It sounds like your DRO review was denied."

But I dont see any info here that it was and how, with the above evidence, could a DRO deny the TDIU claim?

(Then again I personally know the answer well, if the DRO has it and ignores it, the claim can go into the crapper-one of the reasons I got a double DRO review-by making the CUE themselves inas te BVA decision refers to (without saying what I did so no one else, as a claimant, gets that idea)

I stated here a few weeks ago:

"Sorry if my questions sounded dumb....this is a new one for me to read here.

I am surprised the AL rep didn't look into this for you."

From what I see, if you have the PTSD diagnosis from VA and your stressor has been confirmed, and the SSDI.FERS is for the same SC disability, regardless of what the Voc Rehab documentation says, . the AL has a winner here and

I feel the AL should get their thumbs out of their butt and really look into this.

Is your mailing address the same as it was when you filed this claim?

"The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011"

I am assuming the VA has no intention at all of giving this claim a DRO review based on that statement.

Your AL Rep needs ,in my opinion, an electronic thump call by phone, fax or mail;

[MPsgt]

BERTA, I ANSWER YES TO ALL YOUR QUESTIONS. I BELIEVE YOU HAVE GOOD GRASP ON MY SITUATION. I THINK MY APPEAL IS CUT AND DRY TOO. THEY SHOULD MAKE A DECISION ON THE APPEAL AND CLEAR IT FROM THE PILE. I HOPE THE FINANCIAL HARDSHIP REQUEST HAS THEM MAKING SOME SORT OF DECISION VERY SOON. HOWEVER, UNTIL THEN I'M LEFT WONDERING. I'LL GIVE AN UPDATE WHEN THIS COMES TO SOME SORT OF CONCLUSION.

[Berta]

MP sgt,

I had problems posting the other day and saved and then posted my last reply about 24 hrs later.

Now I feel, after seeing the hardship request was filed, that this does not explain at all the BVA 'decision" matter but that

hopefully, your claim will be expedited.

You said:

"I HAVE A DIFFICULT TIME ASKING PEOPLE FOR HELP TOO. I TEND TO GET HOSTILE AND CONFRONTATIONAL WHEN I FEEL LIKE I'M GETTING SOME BS RESPONSE."

Me too!!!!

But maybe the AL, due to the Hardship Request, wants that resolved first and then whatever BS that showed up on ebenefits or IRIS, or via the 800 etc regarding a BVA decision, will not matter diddly squat.

Many of us here to include myself have gotten inaccurate info from the VA.I have gotten IRIS responses that contradict themselves as well as contradict statements in subsequent VA letters.

Widows arent allowed to use ebenefits so I dont know how that works.

When I used to use the 800# every month for a status, I realized they were saying whatever they wanted to sometimes.

I sent a complaint to VACO on one of the 800 people.After my claim had been in the system for sometime, a 800 operator told me that I had absolutely no basis for that claim.I had already been discouraged by my former vet rep but VA at that point VA had never told me,with any legal rationale, that the claim had no "basis".

I reminded this person that she was a telephone rep and not an adjudicator , and had no power to determine if my was claim was not valid and she got hostile so I complained to VACO about her because in those days they gave us their names at 800#.

But, I also did what I had learned to do with the 800# ,since the late 1990s. if I didn't like the info, I would get a second opinion.

I called back about 2 hours later when I had calmed down (I was really pissed off at her), and the next 800 rep gave me the full status of my valid claim, which in time was awarded.

We cannot depend too much on any of the VA contact sites.

As long as VA has the evidence you mentioned here, this should be a simple award that doesn't take much longer.

But please realize that many of us here had fully probative claims and evidence, and those awards took time.

VA isn't our enemy. Time is.

Edited September 21, 2012 by Berta

[MPsgt]

I checked ebenefits today. They added an additional post on my timeline. It's in bold lettering at the bottom dated 06/08/2012. No changes in letter generator or anywhere for that matter on my APPEAL STATUS.

11/30/2011 Local VA Office Decision RO

12/21/2011 Notice of Disagreement (NOD) RO

01/24/2012 Appeal Pending BVA

06/08/2012 Decision & Claims File Dispatch BVA

Edited September 28, 2012 by MPsgt

[MPsgt]

FYI....I recently received an SOC on my claim for IU. The VA conducted another gut wrenching C & P exam back in March 2013. The exam lasted four-five minutes. The examiner established a current GAF score of 55. They didn't consider any info from this previous year in their decision. However, the VA said my initial rating of 70% for PTSD is high, and even though OPM and the SSA rated me to disabled to work. Simply, due to the severity of my PTSD. They considered me capable of gainful employment. I haven't worked since Sep 2011. My American Legion Rep is trying to stop the claim from going to BVA. So I can have a DRO review my claim. I've researched many similar claims denied and sent to BVA. Where BVA found in favor of the Veteran. Many of this men and women didn't even have the documentation I've provided to support this claim. What gives?