Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ptsd Claim Thoughts

Rate this question


Cavman

Question

This is my first post and would really appreciate some thoughts on my situation.

I am a Vietnam vet from 69/70. My M.O.S. was recon. I received 2 purple hearts and a c.i.b. badge. I filed for PTSD on Nov. 29, 2005 along with claims for the purple hearts, 3 times malaria and agent orange. I filed for the agent orange because I was diagnosed with stage 4 throat cancer that had spread into the lymph nodes in Sept. of last year. My U of Michigan surgeon says he thinks it was caused by agent orange sprayed in III corp/Nam/Cambodia and I was also sprayed on the DMZ in Korea in 69.

I was denied agent orange and anything for purple hearts (going on phone call to RO). I knew I wouldn`t get anything for malaria, but wanted them to know I had it with 2 relapses. I had a c & p for PTSD and was diagnosed with chronic PTSD/Gaf 48/serious employment and social impairment/suicidal ideation etc.

I called the VARO a month ago and was told my claim was done and I was awarded 50% for PTSD. I immediately called my SO and he said he knew nothing and I then told him what I just got from calling the 800#. He says, oh, let me look it up. He then says yeah, thats what you got...50%. He sounded like I should be happy.

I immediately emailed my state senator and they wanted info on my claim. They got it asap from me. The VARO had told me I would get my letter in a week at the most. Well, today I got a call from the VA and was told my claim had gone back to rating board again and was done and I will be getting the envelope within 10 days and they would be putting an IU form in it also.

Any thoughts on this mess. This old beat up Nam vet is about crazy.

Cavman

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

Who is your POA with?

And why did they deny-the specific reason- for the AO claim-

YES- if you have a STS or any other form of cancer on the AO presumptive list and are in country, Blue Water Navy,Korea-near DMZ- etc- etc etc

they should have awarded you for AO-

Are you working? Did your vet rep tell you to file a TDIU if you are not working?

If not I will attach one-

Tell them undser Remarks # 25 (that you are attaching additional page and tell them of the side affects of all your meds, and also if you get SSA disability tell them that too and check off yes on Question # 18.

How did they word the AO denial in the Reasons and Basis?

Based on your answers here I might suggest that you file for a Reconsideration-and that might go much faster than a NOD-

I was surprised how fast the RO began to handle my recent recon request-it seemed they reacted to it immediately-(my CUE on SMC) within a few weeks-

then again I sent VA regs, M21-1 and VA established case law-and my request was strongly worded.

Let me know

Berta

Berta:

I hope to get my rating letter by week`s end and I will post the wording.

I haven`t worked since 2003.

I did file for ssd and got it for my back when I got diagnosed with cancer. But I also quit going to work because of my PTSD before that. I was also told at my c & p hearing last June that I had filed for I guess what was called maybe combat stress disorder in 1980 and diagnosed with it, but awarded 0%. I don`t remember it and I don`t think I was ever notified of it. The doc wouldn`t let me even talk about combat when I showed up for c & p. He said he didn`t want to put me thru talking about it after reading my stressor letter. by the way, i belive the wording PTSD came out a couple months after I was diagnosed with Chronic Combat Stress Disorder in 1980.

I have read many of your comments over the weeks and respect you along with all the others on Hadit very much. You all are sincerely appreciated by me.

Link to comment
Share on other sites

Honestly, it has been my experience that if the veteran is comfortable with computers, and willing to do the basic research necessary they can file a claim in a more timely and complete fashion than ANY SO rep, or State VA rep. Here some of my reasoning:

1. State Reps, and SO reps receive little or NO trainng in their jobs. To my knowlege only the DAV provides any annual training whatsoever as far aso SO goes.

2. The reps are buried in claims. Absolutely buried, and they seldom do more than file for what is glaringly obvious, because they seldom even fully read thru a veterans SMR or any other documentation.

3. The reps seldom if ever request an SMR or VA records or anything. Basically, from what I have seen they fill out the forms without nay reguard to diagnosis codes and terms which match the VASRD, required testing etc.

Now I am not saying that these are not decent people, just that they are not trained, not staffed adequately, and suffer from an overall lack of concern about how swiftly the claim is delt with.

Personally, I trust my fate only to myself. I handeled my claim from start to now. I read the regs, I asked the questions here on Hadit. I researched my specific illnesses...everything. Now I have had a great deal of help from people here on Hadit, but the only person who has EVER typed or sent anything to the VA is me.

Sadly though, there are a great many veterans who are not comfortable with a computer, who despair when they are told a claim takes 12-18 months on average...etc. The only way to help is to become an advocate. While I can complain about the system, the only thing I feel that I can do to help is to individually help others with their claims. I am not perfect, and I screw up too, but at least its an honest mistake.

Yet, I have discovered that what was a part time occupation that made me feel like I was helping others has turned into a beast that takes huge parrts of my time. I'm not complaining (well yeah I am, but not really), its just that I am in the same situation that the SO's are. Currently I am handeling about 20 active claims, and about 20-25 inactive or sporadic claims (the vet disappears, then reappears 4 months later etc.). I type NOD's almost daily, and a PROPERLY prepared NOD with references to CFR 38 and case law is a job that takes more than a day...normally I spend 3-4 on each NOD, and some claims I'll file 3 or 4 NODs...so..

In the end the system is what it is, we have to deal with the reality and not what we wish it to be. With that in mind we need to remember that each claim, regardless the type requires:

1. Service Connection

2. Diagnosis of the Illness

3. Actually filing of a cliam for compensation for the illness.

Most claims falter and die simply because they are not filed. Not that they dont exist, just that so many veterans are so confused by the system that they dont file for compensation because they are afraid of denial, or simply unable to navigate the labyrinth of forms and documentation.

PTSD - well the hardest thing I have had is the stressor. I can almost always get the diagnosis, but proving the stressor is the faltering point, unless actual combat can be proved - then its easy.

Anyway thats some of my thoughts...sorry to be so long winded. I will say that I have noticed a large increase in active duty service members who are asking questions because they are being med boarded etc. The services are really rolling these people over, and most 80-90% will not be retired but simply severanced and left to their own fate. This after 15-16 plus years of service. It used to be that if you were medically discharged after 15 years you automatically were retired at 40%, but that regulation changed in Oct, 2002. So - the services are putting out people who deserve retirement, but instead simply get severanced with no benefits. These soldiers, sailors, airmen and marines need special attention now, while they are within the 1 year time limit for automatic service connection.

Bob Smith

Bob Smith

Link to comment
Share on other sites

Berta:

I hope to get my rating letter by week`s end and I will post the wording.

I haven`t worked since 2003.

I did file for ssd and got it for my back when I got diagnosed with cancer. But I also quit going to work because of my PTSD before that. I was also told at my c & p hearing last June that I had filed for I guess what was called maybe combat stress disorder in 1980

Thats because PTSD was only added as a diagnosis in 1980. Prior to that the term Post-Traumatic Stress Disorder was not officially recognized. . The disorder first appeared in the Diagnostic and Statistical Manual of Mental Disorders (DSM) in 1980, reference http://en.wikipedia.org/wiki/Post-Traumatic_Stress_Disorder. So, combat stress disorder was and is PTSD. SO, you were rated for PTSD, and I believe that if you actually get an increase you could argue for backpay on that issue. It'd take forever, but if you actually can get an increase, I think I'd fight for the back pay.

and diagnosed with it, but awarded 0%. I don`t remember it and I don`t think I was ever notified of it. The doc wouldn`t let me even talk about combat when I showed up for c & p. He said he didn`t want to put me thru talking about it after reading my stressor letter. by the way, i belive the wording PTSD came out a couple months after I was diagnosed with Chronic Combat Stress Disorder in 1980.

I have read many of your comments over the weeks and respect you along with all the others on Hadit very much. You all are sincerely appreciated by me.

Bob Smith

Link to comment
Share on other sites

Berta:

I hope to get my rating letter by week`s end and I will post the wording.

I haven`t worked since 2003.

I did file for ssd and got it for my back when I got diagnosed with cancer. But I also quit going to work because of my PTSD before that. I was also told at my c & p hearing last June that I had filed for I guess what was called maybe combat stress disorder in 1980

Thats because PTSD was only added as a diagnosis in 1980. Prior to that the term Post-Traumatic Stress Disorder was not officially recognized. . The disorder first appeared in the Diagnostic and Statistical Manual of Mental Disorders (DSM) in 1980, reference http://en.wikipedia.org/wiki/Post-Traumatic_Stress_Disorder. So, combat stress disorder was and is PTSD. SO, you were rated for PTSD, and I believe that if you actually get an increase you could argue for backpay on that issue. It'd take forever, but if you actually can get an increase, I think I'd fight for the back pay.

and diagnosed with it, but awarded 0%. I don`t remember it and I don`t think I was ever notified of it. The doc wouldn`t let me even talk about combat when I showed up for c & p. He said he didn`t want to put me thru talking about it after reading my stressor letter. by the way, i belive the wording PTSD came out a couple months after I was diagnosed with Chronic Combat Stress Disorder in 1980.

I have read many of your comments over the weeks and respect you along with all the others on Hadit very much. You all are sincerely appreciated by me.

Bob Smith:

Thanks so much for your comments.

Are you saying if I get the PTSD increased from 50% to 70 or 100% I should file for benefits from 1980 (when I was diagnosed with chronic combat stress disorder) for the diffewrence between 70 or 100%?

I have also completed my claims for tinnitus, gerd(secondary to ptsd and insomnia(secondary to ptsd) and have it ready to mail. Should I wait until this claim is completed until I mail the new claims? Should I wait until this claim is completed including the NOD part of it until I mail new claims? Should I mail new claims today?

Ron

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use