ptsd Confused And Could Use Some Tips And Advice

[LongTooth]

Hi,

I have recently started the claims process with the VA (I filed an informal claim on 04-Sept-2013

I see a private therapist and have a current diagnosis of PTSD, Bipolar II, poly substance abuse.

My therapist agrees with me that my disorders are SC

I've taken the initiative already to get copies of my DD214 as well as my private medical records. Currently I'm trying to track down my records from when I was placed on a 72 hr hold in a psych ward in 2000.

My prescribing Psychologist, who puts in time at the practice I go to, is also a VA doc.

I guess my question is this. If my therapist tells me that they have diagnosed me with the above disorders does that mean that my Psychologist (the VA doc) had to have signed off on the diagnosis and if so does this mean that I should have an easier time with the VA?

I'm also concerned that I may have to track down treatment records from the Army (I assume those would be in my DD214?) Where would I look for any SMR's that I may need? I also wonder if maybe I should try and track down any relevant records from my old Unit to show things such as an Article 15 and any evaluations done that would show the onset of my conditions.

Also if anybody could advise me of what else I should be doing at this early stage to present an effective claim please feel free to advise me.

Thank you in advance for any and all help

Jason

[LongTooth]

I'm probably not going to go to the VA until I have copies of my SMR's so I can prepare a solid case. Needless to say I won't be accepting any meds or doctor visits until I'm approved.

I've got some time to do an army discharge review hearing if I need to but from what I'm reading they don't often upgrade a persons discharge. I'm really hoping I can go the Character of Discharge route through the VA. Not gonna hold my breath though.

In the event that the VA denies me HC/Comp is there an appeals process?

Thanks.

[JT24usn]

RO's take a bit for cod. They go by the guidelines I posted. You can actually request a personal hearing to talk with the person making your decision. You have one year from the notification letter if they deny you to appeal. If you wait longer you will have to go dd293 route

The first letter you get from the RO will have three enclosures. 38 cfr 3.12 4138 statement in support of claim. And a 21 - 0789 regarding a hearing and representation. Due process, this letter, is 60 days. When employee gets to it?????? Jmho

Edited September 21, 2013 by T8r

[LongTooth]

Hey T8 thanks for all the insight. I guess I would have gone down this road years ago had I even know it existed. I guess better late than never. It seems the 38CFR link you gave me is just chock full of gotchas.

(d) A discharge or release because of one of the offenses specified in this paragraph is considered to have been issued under dishonorable conditions.

(1) Acceptance of an undesirable discharge to escape trial by general court-martial.

This seems to be one that might affect me.

I assume the VA can overrule this if they are so inclined?

much obliged for the help.

[jfarr22384]

LongTooth..... so there is a process to request a VA medical review for benefits without trying to get your discharge upgraded?

[LongTooth]

from what I'm reading on the web and from what people are telling me it does appear that the VA can choose to disregard the character of your discharge. Whether they will or not...well... I imagine if it where that easy there would be less horror stories about the VA floating around.

Take a look a few posts back in this thread at the 38 CFR links. Their full of whats called "mandatory language" words like "shall" "must" etc etc. If you fit the criteria for something then I believe they are obligated to adhere to the law/regulations. Of course I don't expect them to willingly roll over without being reminded of the law. I suspect that if you don't call their attention to things they'll be more than happy to play ignorant.

[LongTooth]

Also on a completely different topic. It appears that at least the ADRB (Army Discharge Review Board) is taking a more lenient stance on upgrading discharges that have to do with PTSD. They are still denying a majority of cases from what I've read but overall I suspect it's definitely worth a shot going that route. And if you get denied by the VA then it's probably your only route.

the DRB has two ways to go about doing things.

1. Requesting a records review. This is just the board going over your file without you having to be there. However they look at your discharge from the point of view that it is indeed correct.

2. Requesting an in person hearing, usually held in D.C. before a panel of 5 Officers/NCO's you have to convince a majority that the service erred in your discharge.

If you go with the Hearing then you cannot do the records review afterwards no matter what the outcome is.

There may be an appeals process for the hearing but I have yet to come across what that is.