Denied On Depression.

[Scout Swimmer]

Just got off the phone with my DAV POA, in which he informed me I was denied. He explained they looked at it as a single traumatic event or diagnoses from the military, not as a secondary to my TBI, in which my mental health practitioner clearly stated and which I have 45 pages of supporting evidence stating exactly that. The rep from the DAV told me it was written up wrong. He is talking with the rater as we speak to change it. I'm pretty upset.

[Scout Swimmer]

Ok, received my unofficial copy of my denial. Based on no treatment records found during military service. They didn't even consider it as a secondary of TBI/ migraines as my VA medical records clearly state. My DAV rep informed me that it will be reconsidered and addressed properly. Do I trust his word? Do I personally send a statement of reconsideration and if so, where do I go to learn how to write a good one? I truly believe now that my rights where denied. Thanks.

[63SIERRA]

Be very careful at this stage. This is curtain number 2, where they try to let you hang yourself with statements that could harm your claim because your upset.

I would stay on the Service rep and try to get a date where you, him, and the rater could meet for an un official " fixing " session.

If they wont give you a date, then it looks like they are putting you on the garbage truck with the flat tire and weak engine to claimsville.

can u post the actual denial here with blocked out personal info. I would like to see what an UNOFFICIAL denial looks like. never heard that term before.

Also maybe ask you DAV rep to obtain the CODES they used to rate your claim,. this is future ammo for you,.

You can start pulling thier denial apart with thier own admissions. When they try to justify a claim that should be approved on paper it seems to contradict itself in most instances that ive seen. When they quote the regulations and laws they are supposed to follow, then say what they actually did or didnt do, they dont jive.

also were you service connect for TBI at the time your claim was filed for depression.

Edited January 9, 2014 by 63SIERRA

[Scout Swimmer]

Good info. And yes I was service connected at the time. 40% TBI, 50% mixed headaches caused by TBI.

[63SIERRA]

Tell them stupid SOBS that the Taliban doesnt allow time outs to go see a shrink while your trying to run 5.56mm ball ammo up thier ass on a daily basis. Some things just have to wait. who would not be depressed with a TBI.

Edited January 10, 2014 by 63SIERRA

[Scout Swimmer]

So my denial letter is actually "official". My DAV rep said it wouldn't be. What the hell is going on here?

[Berta]

Do you have a copy of the exam results?

Your DAV rep is wrong to use the term "re open" because you are still in the appellate status....

One or two vets here have used my GCY tactic with some success.....

You might try that and get a faster resolve ...but that depends on a legal error in the decision so best to wait for that to arrive.

I got a SSOC once decades ago that sent me into a very deep dark place ...I had some very negative thoughts.

But I pulled myself together and developed a war plan and went right after those mothers....

The RO had deliberately withheld Probative evidence (actually my prime piece of evidence) from the C & P doctor..who was devastated himself when I told him what they had done.

GCY Go Cue Yourself VA

The claim in that post is still pending 'with a specialist' so the VA says.

The actual Nehmer claim of 2010 I had ,resulted in my using this same tactic and they reversed an erroneous denial on that claim in a few weeks.

You can ask for a reconsideration too but that does NOT stop the NOD clock.

Sierra 63 is right..... the codes they use often are CUEs

But your best ammo might well be the actual results of the C & P exam.