hypertension Senseless Denial And Forced To Use An Attorney ! Unbelievable. !

[DocNyger]

Hello fellow vets, I hope all is well and still in the fight. I am new to the site and welcome any and all comments please... I served for 12 years , I've been involved in 3 wars. I separated in August 2003. In March 2005 I filled a claim for 4 contentions. I finally heard about my denial in Nov 2008. The reasoning that VA stated my denials were that even though the QTC doctors documented favorable statements , he didn't state it was from the military. ( I read the exact notes and he did state back issues, knee issues, hypertension, and depression were from my time in the military ). I also stated the locations on my original claims and sent in multiples documentation via hand delivery to my Regional office, faxing my VSO, and certified mail with Return Receipt. In the denial section the Va stated that there was nothing in my medical records. I filled a NOD in Feb 2009 and to date that appeal is still on phase 1...:(. I started to wonder if it's just me or does the Va really denies veterans for no reason..) So I'm waiting !!!!!

In Mar 2011 I filed for PTSD , and PFB (shaving). I've submitted documentation for both the same vehicles that I did before. I received countless messages from VA stating they need sudden information... The same info I sent.... So I called my VSO again, met with her and gave the same copies I sent in, she supposedly walked it up and personally put it in my C -file. Well later I finally got scheduled for a c and p for PTSD. Nothing for PFB. My initial exam was by a mental health doctor at the Va who verbally told my the she was new to the field and after the exam was over, she diagnosed me with major depression and hypertension, she stated that there were multiple symptom for ptsd but unsure if they meet criteria 1 for PTSD and referred me to a Va contracted mental doctor. My treatment started in the beginning of 2012. During his ignition evaluation, he diagnoses me with probable ptsd. He explained to me why, because he just met me and wanted to spend time with me. Well on Apr 25 2013 I was diagnoses with PTSD have severe symptoms. Now all my records were sent to Va and I once again hand delivered them and got the regional acceptance stamp. In the end of October I received a letter stating that the Va wanted me to go to another c and p for PTSD. I called my VSO and explained what was going on and she just stated " I guess you need to be there" ... Why do I have to go through four different evaluations.!!! I truly thought this was crazy. Well I reported to the c and p examination and I experience a very rude ,biased, and incompetent person I have ever dealt with in my 41 years of living. He asked me two question. Do I drink and how often? And how much do I spend on alcohol a month. That's it !!!! Nothing about PTSD symptoms or nothing. I filled out a form asking what are my symptoms which I stated everything from my treatment records. This guy didn't put anything that I verbally stated or written. He had this ( what ever attitude). Not even 10 min later he stated it's done. You probably won't get it... And left the room.

Well I finally left 5 minutes later when he didn't returned, later in Nov 2013 I received a denial letter stating I was denied because I don't have a current diagnosis of PTSD, even though my treatment notes states probable ptsd the recent ptsd exam did not diagnosis me with PTSD. I was floored !!! I ordered I copy of the exam to find out that the examiner diagnosis me with substance abuse... What !!! No one even looked at my records. I went to my regional office again and spoke to another VSO. I showed him the diagnosis from the contracted mental doctor for PTSD back in April and he supposedly walked it up to the raters. He came back and told me that they said there wasn't a signature from the doctor. I pointed out the electronically signature that many doctor uses, then the VSO stated that it does stated that it's a diagnosis, I stated and showed him in the right corner where it states Confirmed Diagnosis ptsd 309. Etc and severity of symptoms., then I was told that the raters said that they would challenge the diagnosis... At that point I said I'll get an attorney because this is not right and the VSO stated " why would you want to do that, they will take all your money" .. Of course I left and found a good attorney who took my case and was shocked how the Va handle my case. The attorney stated that the Va is famous for creating bad evidence to out way the good .. Is that true? What do you think about my case? I'm sorry for the long message .. Just need to vent and my wife is getting tired of the nightmares, isolation, and me talking about it... Thank all of you in advance for your comments and advice !!!

Edited May 19, 2014 by DocNyger

[john999]

As long as it is service connected they could have DXed you with depression and/or PTSD. When the C&P doctor asked you how much you drink what did you say? Since you were denied you file your Notice of Disagreement and start the appeal process. We have all been through it. Once you file the NOD you can hire a lawyer if you wish. The VA has set themselves up as the only entity that can DX PTSD. They don't want to DX PTSD and you found out that fact. There are many other emotional disabilities like depression and anxiety disorder that can be service connected however. When I was discharged neither the VA nor the Army knew what PTSD was, but I still got service connected. We have vets here who have waited since Vietnam for a PTSD diagnosis. Just hang in there. Do you have a CIB or Combat Action Badge?

John

[ArNG11]

A word of caution with other diagnoses that have similar symptoms to , or are in Addition to, PTSD, they like to lump multiple symptoms and problems into one, and try to connect it to a preexisting problem before service. A favorite as In My experience is a mixed anxiety depressive order which carries a zero % rating, even though evidence states otherwise. Also the denial of presumption of health. If it's not noted in your entrance examination then you are given 100% go, physically and mentally fit. The VA likes to forget that stipulation.

[john999]

Right, the military takes you as being 100% healthy, and fit unless it is noted otherwise in your entrance exam. If there is no anxiety disorder in your entrance notes, and when your are discharged you are found to have an anxiety disorder then it is service connected especially if you were treated or DX'ed with it in service. The one situation the army, and VA like to go for is the Personality Disorder. This is a constitutional abnormality that you are either born with, or develop as you grow into an adult. You cannot be compensated for a PD. It is funny that it often take the Military years to discover that the combat vet who begins to have problems has had a personality disorder all along since birth. The Army made the remarkable discovery that I had a PD after serving 6 months in Vietnam. According to the army shrink I was not fit to serve because of this PD. The Army decided to keep me in Nam anyway. It was after I embarrassed them by writing my congressman about drug use in Nam that they trumped up charges on me and threw me out as a PD. I had eight months left in my enlistment. Now I overcame that PD diagnosis, but it still shows up in my records from time to time when the VA wants to try and deny me some benefit. Since Vietnam the VA has DX'ed me with schizophrenia, depression and anxiety, bipolar disorder, PTSD, Major Depressive Disorder, schizophrenia and anti-social personality disorder, dissociative disorder, and now back to GAD and depression currently. Does it seem like they have any idea what they are doing?

[Pete53]

Welcome to Hadit. You have been given some good advice

[Guest]

Doc, unfortunately sometimes VA will force a veteran to get a lawyer. We have several veterans here that VA denied their claim all the way up to CAVC only to get it remanded back and then get a grant with a screwed up effective date. Keep on fighting. Never give up. I am sorry that you have to go through this, a lot of veterans do just keep hanging on.

Hope the best.

[DocNyger]

Update... Hi all ... Hope everyone is well !! I received a copy of my c file and all the evidence is right there in black and white. That made my blood boil !!!! ( all these years they had it right under their noises. I did notice the diagnosis of PTSD in my file with the RO received stamp, but all of my documents were not in there... It's like they kelp what they wanted to support there stand. Anyhow, I went to the records department and spoke to the supervisor who printed out every record sent from my treatment facility. I was very surprised to see statements like " member fits all criterias for PTSD, severe symptoms ( didn't put actually words) but I was shocked!!! My attorney set me up to see another psychologist and he did a very good IME and filled out a DBQ PTSD.. Now I'm curious , even though I requested a Traditional appeal route, will the DRO still look at the new evidence and possibly grant the connection or will they just send to BVA?