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Severd And Bva


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:rolleyes: : To all

I would like to know if this has happened to anyone else.

I was to go before BVA in Manila in JULy got a call fron the VA, they cancelled untill next year.

\MY claim were for Barrett's Esophagus and and reture of my PTSD that was served in 2005. a couple of day later i received an e-mail from my VSO in Washington asking why i had a claim in to get my PTSD back. he is telling me it was never severed as far as VA, Washington is concered i am still S/C for PTSD, it was never served, but i have a letter frim 2005 stateing that my PTSD was served. has this happened to anyone else, would like to know.

Patrick

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Patrick- are you still getting VA comp for PTSD?

As I recall the VA cued itself as they erred on a past decision to award you PTSD-

They said it was due to having no proven stressor-at that time I did all I could to find evidence you could use- and I

am at a loss as to what else you could do on the PTSD claim-

The email you got from your VSO-in DC - I forget his name- I contacted him in your behalf years ago-

that other email yu mention from him was from last year right?

What has your VSO said lately on all this?

Why did they (BVA) cancel your hearing in Manila?

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Patrick- are you still getting VA comp for PTSD?

As I recall the VA cued itself as they erred on a past decision to award you PTSD-

They said it was due to having no proven stressor-at that time I did all I could to find evidence you could use- and I

am at a loss as to what else you could do on the PTSD claim-

The email you got from your VSO-in DC - I forget his name- I contacted him in your behalf years ago-

that other email yu mention from him was from last year right?

What has your VSO said lately on all this?

Why did they (BVA) cancel your hearing in Manila?

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Patrick- are you still getting VA comp for PTSD?

As I recall the VA cued itself as they erred on a past decision to award you PTSD-

They said it was due to having no proven stressor-at that time I did all I could to find evidence you could use- and I

am at a loss as to what else you could do on the PTSD claim-

The email you got from your VSO-in DC - I forget his name- I contacted him in your behalf years ago-

that other email yu mention from him was from last year right?

What has your VSO said lately on all this?

Why did they (BVA) cancel your hearing in Manila?

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Hi Berta

I am finally able to get on hadit, My VSO in Wahington,[DAV} his name is James Mack. a couple of weeks ago he ask me what claims i had going to the BVA, i told him for Barrett's Esophagus and a heart claim and PTSD. i told him i received a letter in 2003 from VA, Manila stating that they were going to sever my PTSD due to error of the adjudicator who took care of my claim in 1997, Va Manila call a Cue on themselves, i had a hearing in Jan, 2004 and i presented evidence in the form of letters from family and friends and i fill filled out stresser questionaire, so all through 2004 i was ask for more evidence, i gave them more evidence. finally in 2005 i received a letter stating that my PTSD was served, i fild a NOD, and we went through all the SOC's and SOCC's and they sent me a form #9 i filled it out sent it in, i ask for a traditional hearing at the BVA, because that was what James Mack told me to do. and as i said he sent me an e-mail about three weeks ago asking me why i was putting in a claim to get my PTSD back, that my PTSD was never served. that as far as VA, DC is concerned i am still S/C for PTSD. i told him that can't be becaue i have the letter saying it was served. and my LOA's to see my Head doctor has stoped. Now while all of this was going on i had put in for an increase for my Arthritis, received the increase for my Arthritis of all joints and they approved my claim for Carpal Tunnell and Headeachs.

Now everytime i go to OPC, in Manila, that paper they give you, with all your disabilities on it, it still has me down as S/C for PTSD, i told the lady aat the clinic to get this corrected. she calls me and tells me, no where at VA, Manila does it say my PTSD was servd, so i dont know what is going on.

The letter dated July 19,2005 that states that my PTSD was severed, also states that .

Please be advised that this decision will have no effect on your monthly benefits since you hav been in receipt at the 100% rate since enitlementto individual unemployybility was established from May 9, 2000 to Dec, 14, 2004 when your combined rating evalution total 100%. you will continue to receive benefits at your current monthly rate of $2.523.00.

and my recent increace for Arthritis exceed the 100 % for Arhtritis, for Arthritis alone combined is 280%. and now the Va is giving me walkers and wheel chairs and shower chairs.

Now Mr. James Mack is telling me the VA system does not show that my PTSD was served, he want me to send a letter every month to VA, Manila stating that "YOU WAIVE ORIGINAL JURISDICTION REVEIW AND ASK THAT MY CASE BE SUBMITTED TO THE BOARD OF VETERANS APPAELS FOR AN INDEPENDENT REVIEW OF MY APPEAL, he want me to sent this statement every thirty days, untill i received a letter from the BVA saying they have my claim folder.

This is getting a bit confusing.

Patrick

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Well, I'm not Berta, so y'all excuse me for butting in, but, I wouldn't get all stressed out about it. You are TDIU and even if you weren't you still seem to have enough % to remain at 100%.

I'd just do as your SO has said and send in the letter each month until the VA gets tired of seeing them and does something, if for no other reason than to ease your mind about the situation.

just my $.02 worth

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Patrick's PTSD as I recall- is considered CRSC by the DFAS. Patrick Pleasse correct me here if I am wrong-

CRSC Combat Related Special Compensation

DFAS Dept of Defense Finance and Accounting

If Patrick loses his PTSD -then he loses the CRSC. as I recall-----

Patrick- as I also recall- haven't gotten out any past correspondence yet----

The VA CUED their initial PTSD decision due to the lack of proven inservice stressor.

I recall all we tried to do to combat this with more evidence-I still have the links and the attempts we made to stave this off-it was a lot of time consuming work-

The proposed reduction regs state that they will give a vet ample time to prove the severance should not take place-

You have appellate rights-the fact that the BVA has your appeal is part of your appellate rights-

As I understand this- the VA will continue to consider you as SC PTSD unless your appeals fail.

All the money they sent to you as comp for years- if any was for PTSD-will not be re-payable to them- they cued themselves-

Only if the VA can prove a veteran committed fraud- (USC 6103 ) can the VA attempt to recover compensation from any decision that they themselves cued.

I had personal experienece with all this-

Rod was 30%SC PTSD and got a lousy job at VA,in 1986, and they sent him a proposed reduction notice -

to reduce him to 10%.

They gave him a choice to elect the reduction take place immediately or wait until he appealled.

He was so afraid of any VA overpayment that he accepted the 10% for the next 10 months.

!0 months later they reversed on the NOD we filed and he got a check for the difference that they owed him.

As I see it you are still within the appealate process and can submit more evidence to the BVA-

I understand what Jim Mack is asking you to do -and now I understand what he means- your PTSD was not severed yet-it is still being decided-

it was a Proposed reduction based on their CUE ,that they called on themselves)and you are appealling in essence-their CUE.

I hope you have continued to attempt to find proof of your stressors-

this is what the BVA needs-

I strongly suggest that you do NOT send them the photo you sent me.

Patrick- this boils down to one thing- evidence as proof of your stressor- and then as I recall your case-the CRSC you get will not be affected.

and please correct me- if I am wrong on the CRSC or the CUE from VA-

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