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I heard a ruckus went on some time ago at my POA's main office as a vet and his wife were livid over a decision they had just received.My POA

told the vet he was denied due to No diagnosis pf PTSD.The local vet rep involved (my former vet rep) laughed over this as he was the rep who handled the claim.

I didnt get much info however I believe this is his BVA decision.

Any I nuts? Shouldn't the PH have triggered a C & P and an apointment with a shrink?

He didnt get a VCAA Notice either from what I can see.

I have a list of many many of claims at the BVA that my POA screwed up.

If I dont get my Remand by Sept 21, Gov Pataki will get this list.

Any comments on this BVA decision?


Edited by Berta (see edit history)
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This just goes to show us that the VA will do anything to deny a claim. The Failurte to C@P this is absurd. This Vet needs to appeal and get to the court asap.

The PH is evidence of a stressor.

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John- this is one of many claims, in a brief period of time I spent today at the BVA site, that I found that the VARO buggered and my vet reps stood by and let it happen.

I have 17 BVA claims there so far (2006 first part and 2005) that were handled by New York State Division of Veterans Affairs that reveal an utter lack of basic VA regs and/or the VCAA on the part of the vet reps.There are many more to go.

If anyone out there feels their claim was improperly handled by NYSDVA send me a PM and brief reason you feel they messed up your claim.

At about 8 AM the division called me suggesting I drop my Remand demand-

the suggestion defied logic and I again stated very clearly what they will do by Sept 21, 2006.

The vet rep who called me said everyone at the VARO and Albany knows me and they all know I know VA regs-it seemed he was doing what I have heard from the division many times before-

they try to flatter me by saying what I know and who I know and what I have done for vets- but yet they attempt to continue the gang bang as they do it-

I made it clear that my demand for the remand is NOT negotiable.

I believe this above vet was screwed and I am adding this claimant to my list-there are veterans claims they were on the POA with at the BVA and I want them to look into these claims as soon as they do what I want in my case.

Edited by Berta (see edit history)
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Berta, I agree, I am so sick of this corrupt system. I cannot wait until VETS are allowed to use attorneys and start to nail these peple to the wall. They will never do it right because they have I am god syndrome. being a former employee, That is the attitude in allot of circumstances.

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As has been stated before a Purple Heart is evidence of a stressor, but it is not evidence of PTSD. One needs a Ph.D Psychologist or a Psychiatrist to diagnose PTSD and develop a nexus between the stressor and PTSD.

Having worked for the VA quite a while, one can sometimes conclude the VA is denying claims on a wholesale level. I tend to disagree.

First a veteran must have a clear diagnosis and a nexus to either the military or a secondary condition connected to the primary condition.

Second, I have read some pretty remarkable and very unbelievable reports vets come up with to make a claims case. My favorite is the Cpl who while driving his Division Commander down Highway 9 in Vietnam alone was ambushed by 30 or 40 NVA regulars. He stated his General was wounded and he fought off the NVA to save his life. Later he was recommended for the Medal of Honor, but turned it down becuase he "was only doing my duty." Now multiply that by several hundred such stories (especially the wannabee black ops vets whose records mysteriously vanished), and you can get a sense as to why the system is backlogged. The VA cannot refuse to process a claim simply because it sounds fishy.

Third, there are a number of veterans who have learned the system well and develop strategies to either supplement or plan their retirement based on receiving 100% awards. How many veterans worked for 20-25 years then retired and immediately sought and were granted IU based on their service connected disabilities? The VA Liberalization Act open the doors to 100s of thousands of veterans who by most counts have very marginal and oftentime weak claims. Yet, are given the benefit of doubt with their claims.

IMHO 20 years ago, half the current 100% population would not be getting 100% had they presented some of these marginal claims. If one thinks the VA will go out of their way to deny a claim today, you should have filed a claim in the late 60s or early 70s. We (Vietnam Veterans) were not welcomed by the VA then. There was no PTSD or Agent Orange to claim then. The best you could do with PTSD was Combat Neurosis, which was rarely granted. Actually, IMHO, it is we the Vietnam veterans who lobbied Congress for years to get to the point we are at now. So in a round about way, we bugged Congress and the VA to death so much, that what you see today is the end result of those efforts. So (we) the Vietnam vets are complicit in the quagmire that is the VA today.

I worked both in a Vet Center and also doing C and Ps. At no time during my tenure with the VA did anyone ever come to me from on high and tell me that I was not to do this or that, reference a veteran's claim. On the contrary, I was instructed to provide the best benefit to the veteran's claim even if I personally felt it was marginal. The rating employees are the ones that make the final decisison based on information furnished, and through medical or mental health examinations.

I am not trying to be pro-VA or anti-VA. I often use the court anaology vs the VA. What are you chances of being found innocent of a DUI charge in court, and how long will you have to wait for your day in court? If the evidence is there your going to be found guilty (or the claim approved), and the time frame for court is about the same for processing a claim with the VA. The only difference is that you can plead down your DUI charge, but you cannot do that with the VA. However, you can plead up your case with the VA!

As with any entity there are exceptions. I know police officers who should be in jail; I know doctors who should not be practicing medicine; and I know contractors who should be barred from using a hammer. Every institution has its 10%. Think about your days in the military. Were there not 10% of people you asked yourself, "How in the hell did they manage to get into the military?"

Good evidence, a good foundation, and a lot of leg work and patience usually pays off with the VA. And I hope every veterans gets all the compensation they can get.


Edited by Patrick428 (see edit history)
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And I agree with you guys- no diagnosis- and the BVA decision is correct-

but my point was- what if the vet had never gone to the VA before and files a claim to see how to get into the system and see a shrink----

When I worked at the Vet Center this happened- vet feels leary of a VAMC-there aren't any close by and goes into a Vet Center and files a fully probative PTSD claim-vet might well be encouraged to join the PTSD Combat group-I was in a combat group- I am a civilian- but I know this has happened-and the vet can begin to establish vet center records that might become important to their claim-the BVA and the VA and even a vet rep might not even ask if the vet goes to a Vet Center-and the vet might not know where else to go-

My husband went to Newark VA to get a business loan and came out of there many hours later diagnosed with PTSD and they had filed a claim on the spot.1983.

I agree you guys are correct- no diagnosis -no PTSD-

I just think this vet should have been sent to the VAMC right then and there because his vet rep is most probably my former vet rep-I heard a hoopla over a claim like this-

He could have enrolled into the VAMC the day he filed the PTSD claim-if someone told him how-I have walked from this office where he filed the claim over to the VAMC and it takes about 4-5 minutes.

Have another vet-VA employee- they filed a claim (the VA VSO) before he even saw a VA shrink.

He was scared to death-then again the VAMC had put him on some sort of sick leave-

to get help or else-

This guy was relentless on PTSD vets in the 1980s who worked there and here he is a vet with PTSD too-

My husband named him in an EEOC case and here years later- last year0-he called me up and asked me just what the heck PTSD was because the VA said he had it-and his initial apointment with a shrink was being set up.

Edited by Berta (see edit history)
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