I Will Attend That March 6Th Bva Hearing!

[Commander Bob]

Here are a few emails I exchanged with my NSO Rep last Thursday & Friday.

Dear MOPH NSO,

What happened? I have just received a BVA hearing notice, 9 days before the hearing date. This of course negates the two week window to reschedule. Even though I never received the FOIA/Privacy Act copies of my file we repeatedly requested over the years, and could not get an IMO, and never had that DRO hearing they were suppose to have for me. etc.

He emails back;

"Its worse as I too just got my letters, and I am working at BVA in Washington that week." etc.

So I email back :

I am sorry to hear you are not going to be in town and represent me at my BVA hearing.

As we discussed on the phone, this is just like the VARO's botched non- DRO hearing screw up, they once again failed to notify you or me in a timely manner. So, after almost five years of waiting and stressful bureaucratic delay, I will attend that March 6th BVA hearing, with or without representation and now will have to represent myself... etc.

Cmdr. Bob

P.S. Well, at least the weather forecasts a beautiful clear and

cool day!!! Thank God for small miracles...

Edited March 2, 2013 by Commander Bob

[Commander Bob]

Good Luck I am in your corner.

Thanks Pete.

Bob

[Berta]

John999 always makes some excellent points

"What makes it complicated to me is that in 1968 and years afterward there was no such thing as a DX of PTSD."

That is right.

The VA "invented" PTSD in 1983. But it has been part and parcel of all combat situations as long as time began.

John is also correct too in that the CAVC will not accept new evidence. Everyone should keep that in mind when they are docketed at the BVA.

You aren't at the CAVC point yet.But a good lawyer can clarify these issues for you and hopefully be at the next hearing with you.

Hell ----I think almost all you Vietnam War vets must have had PTSD in the 1960s or got it whenever you were in Vietnam.

Maybe if the VA had recognized PTSD sooner, good men like Lewis Puller (Vietnam)and even WWII vet

Audie Murphy ,might have lived longer then they did. I dont know though...Murphy died in a plane crash, no DIC benefits for his wife and the stuff about his so called alcoholism seems to be an urban legend.He was never known to drink or smoke.

He did say from time to time that making war movies excerbated his mental state of mind.Sure it did.

He had PTSD and the VA had no idea how to treat something they didnt even recognize then.

[Commander Bob]

John999 always makes some excellent points

"What makes it complicated to me is that in 1968 and years afterward there was no such thing as a DX of PTSD."

That is right. ...

...Hell ----I think almost all you Vietnam War vets must have had PTSD in the 1960s or got it whenever you were in Vietnam.

Maybe if the VA had recognized PTSD sooner, good men like Lewis Puller (Vietnam)and even WWII vet

Audie Murphy ,might have lived longer then they did. I dont know though...

...He did say from time to time that making war movies excerbated his mental state of mind.Sure it did.

He had PTSD and the VA had no idea how to treat something they didnt even recognize then.

Thank you, Berta. As always, your help and insights are priceless.

I made sure to make it a point to use the word "type", when I posted .."My medical records truly reflect a PTSD type condition in 1968. " Yes, PTSD was not recognized as a condition back then, however the symptoms are well documented in my mil./VA med records.

With the insights of today, 2013, I would hope that a professional could read my old records and see the condition, way back then.

Yes, Berta, I agree with you, this must plague many old combat wounded vets from wars, long ago. I am trying to resolve it.

How do we overcome this historical flaw?

Your wisdom is greatly valued,

Bob

[deanbrt]

Sadly, it gives the appearance they are making a PTSD dx harder to get.

[deanbrt]

It is all deja vu for me. Bob. I went through it all. I was in your boat. I should have tried to get an IMO in at BVA the first time in today's light. Instead I got a remand back to the VARO, a denial at the VARO again, an appeal to BVA, denial. appeal to CAVC, remand back to BVA, new evidence with two IMOs and a brilliant summation by Hoppy and an award. But years went by. If I would have had stronger evidence evidence at BVA the first time, who knows...

[john999]

What I think is that Bob was screwed with a NSC rating and then a 10% rating. There is probably a cue in there somewhere and a good lawyer might find it. I was 10% for 20 years because I would not go back to the VA for treatment. When I went back for treatment I got 30% right away, and 70% some years later. I had no idea how to fight against the VA and DAV,VFW and AL were worthless.

You look at those miserable decision letters from the 60's and 70's and there is just no question the ratings are arbitrary. Like I have said before the exam doctor would ask me if I has hearing voices or seeing things and if I said "NO" I would get a denial for an increase from 10%. I did not know they were just disregarding my doctor's notes since he was private. I spent a lot of money seeing a private therapist and I think the VA resented that and held it against me when I asked for increases. They wanted me to go to their quack and drink the cool aide. If I had known I would have told them aliens were visiting me from planet Uranus.

John