ptsd Kkp Needs Advice

[kkp]

I havn't posted for a while, but read daily. There has been some topics I would like to comment on ,but don't really feel qulified, but I am learning, as like most of you I read every thing I can get my hands on.

As some of you might remember I am 50% ptsd. I have a claim for right knee injury (sc) I recieved a decision on 9/15/06 Of course it was denied. It was stacked from the start as some of you advise it could be,For example it's in my smr that the right knee was still swollen a year after the accident. This was not mentioned in their decision. However they made note that it was not mentioned my final physical, (da) I didn't have a final physical. I had a Doctor who came into the room, took my blood pressure,and commenced to checking x marks off on a form he had. At the time I was glad he didn't examine me or he would have seen my swollen knee and made me stay in that hell hole longer. I'm sure alot of you can relate.

I was in the 101st and wouldn't dream of going to war with any other outfit, but my commitment was up.

Now I'll quit rambling and get to the point of this post.I had an appeal for 70% on my ptsd in the pipe line My rep and I thought it should have been 70% without an appeal ;don't we all; but decided to go ahead and file for the right knee. The appeal was to go befor a panel of judges that travel from dc. When we filed for the knee the appeal for ptsd was set aside pending the claim on the knee. A couple of days after I got my negative decision I called the ro on the statis of my ptsd appeal. I was told by the rep I talked to that since I had sent new evidence it would be examined at the ro and a decision rendered there. If I wasn't satisfied with that decision,then I could reappeal

Meanwhile I had e mailed Dr. Bash about my knee. I never got a reply email so I went to see my rep yesterday( he's a month into his new ocupation) for advice.I had just came from the va and had copies of my progress reports for the last year on my ptsd and also the doctor that writes my prescritions (I take four meds for ptsd Alprazolam 0.5 x4, bupropion 100 x 1 1/2 twice a day, sertraline 100 1 1/2 twice triamterene 37.5). I told him I wanted to file a nod on the knee but it would be at least a month be for I would have imo. ready as new evidence. His advice was send in the progress reports on the ptsd to go with my other evidense they already have in case they looked at my case befor then, and to hold off on the knee until decision on ptsd. was made, because if I sent in an appeal on the knee a month from now my c-file would go to the begining again. I also asked him about a copy of my c-file and he said I didn't want to do that at this point because it would be sent to st louis for copies to be made and then sent back to this ro and

go to the back of the stack again.

(A FELLOW WITH A LITTLE LESS EDUCATION THAN ME ONCE TOLD ME "AS DUMB AS I AM AND AS SMART AS YOU ARE I'M AS SMART AS YOU ARE AS DUMB AS I AM" At the time I thought he was joking.

I through that in because as I mentioned befor Dr Bash didn't answer my e-mail. I decided to check my answering machine today an yes there was a message from Dr Bash. He had called me back the next day.

I called him this morning and after we talk awhile he said he thought I had a very good case and he would be pleased to help me.I told him all of the above,and this is what he suggested. Send him copies of all relavent materal. He would prepare a report and we should appeal it in dc. I could attend since I have a daugther that lives an hour away. He thinks we could have this resolved in a few months. I asked him about the ptsd appeal and he said as far along as it is, they may go ahead and make a decision befor they send my c-file to DC.

WHAT SAY YOU GUYS I 'm not the smartest or dumbest man in the world, but will be the first to admit my thinking is foggy (due to meds I hope) most of the time. PLEASE GIVE HONEST OPINIONS I appreciate all you Guys more than you know.

thanks KKP

[Pete53]

Dr Bash has a very good track record. I really only know one Veteran who complained about him but the bitch was about not being fast enough and from what I have heard from others he puts out the work pretty quick once everything is in place.

He is expensive but good. He is also very good in the area of your claim.

My recommendation is to forge ahead and paying Dr Bash is like an investment in your claim.

Good Luck

[Berta]

KKP-were you airborne? a Screaming Eagle?

"I also asked him about a copy of my c-file and he said I didn't want to do that at this point because it would be sent to st louis for copies to be made and then sent back to this ro and "

That is ludicrous info from your vet rep- the C file is copied at the VARO.

St Louis is where SMRs are.

"

If you are not working did he advise you file for TDIU?

Did you get a VCAA Notice for each of these claims that told you specifically what you needed in an underlined statement with a VCAA election Notice attached?Dr. Bash- I got two separate IMOs from him -one in 2004 and one last month whch totally knocked down a very deficient VA opinion (but the VA doc did actually support the claim- she had used only 3-4 records and Dr. Bash had used everything.

I too have only heard one bad report in years about Dr. Bash and that vet was an unconscionable liar anyhow. Dr. Bash got him the award he promised but the vet wanted 100%SC for disabilities he did not have nor did he have any nexus to service.

I have spent $4,000 on 2 IMOs so far from Dr. Bash which are both different and have absolutely no regrets at all.

They should make a decision on your PTSD caim before it gets docketed but should is a word the VA doesnt understand.

I hope you have a copy of your SMRs proving inservice problems- Dr. BAsh will want to see them and also- a copy of your c file might take 3-4 weeks to get but well worth it.

Dr. Bash also might sure want to see copies of their decision so far and any C & P results- do you have the C & P results for the knee problem?

Did you include any side affects of your meds as to how they affect your ability to work?

[Vike17]

kkp,

The VA denied service-connection for your right knee!?!? What was the exact reason they gave for the denial?

I do remember that the VA asked the C&P examiner for an opinion as to whether your right knee had caused damage to the left knee. Did the VA possibily interperate the C&P exam as saying the left knee, which isn't sevice-connected, had caused the right knee problem?

Is your right knee a chronic condition, meaning that you have continually received treatment for the right knee since discharge? If you don't have any documentation showing continuity of treatment, the VA has no choice but to deny service-connection. Like I've said before, depending how long you have been out of the service, being seen for a condition one or two times over a period of years probably wil not cut it. Without continuity of treatment the VA will probably need to see a IMO, such as the one you will be receiving from Dr. Bash, in order to grant service-connection. In a few instances I have seen where the VA was very liberal with the regulations and granted service-connection for a condition that really didn't have alot of treatment since the veteran's discharge. This becomes a judgmental call on the rater. Some are very liberal when applying the regulations and grant service-connection with maybe only one treatment of an injury over a period of say 6-8 years after discharge from the service, and some raters will want to see more than just that one period of ttreatment.

As far as your appeal on your PTSD, the new evidence that you sent them will promt he VA either to grant the benefits sought, or issue a Suplemental Statement of the Case (SSOC). Either way, the VA must decide all issues still open in a veteran's C-file before sending an appeal to the BVA So, if you send an NOD in for your knee, the VA will decide that before allowing your claims folder to go back to the BVA. The only way you can have the BVA make a decision on your PTSD with the evidence you sent in, is to waive the jurisdiction of your regional office. If you want to do this you must do this in a written request.

Your C-file is generally copied at the regional office. However, sometimes if a veteran's C-file has been inactive for a while, the VA may have sent the claims folder to a storage facility away from the regional office. There is an area in VA's jurisdiction where they keep retired C-files in St. Louis. So if your C-file is there, your regional office would request that file, and once it arrived at your regional office they would then copy it and send it to you.

Vike 17

Edited September 21, 2006 by Vike17 (see edit history)

[john999]

Vike

You know I use the St Petersburg RO. There must be hundreds of thousands of C-Files stored somewhere. There are millions of veterans in Florida and I think most use the St. Pete office. Are the C-Files ever put on disks or other computerized storage devices? I wonder about all that paper. I am going to St. Pete next week to look at my file. God knows what I will find this time? I will probably find Terry Higgins MMPI or Carlie's IU nexus hidden in my file.

[kkp]

kkp,

The VA denied service-connection for your right knee!?!? What was the exact reason they gave for the denial?

I do remember that the VA asked the C&P examiner for an opinion as to whether your right knee had caused damage to the left knee. Did the VA possibily interperate the C&P exam as saying the left knee, which isn't sevice-connected, had caused the right knee problem?

Is your right knee a chronic condition, meaning that you have continually received treatment for the right knee since discharge? If you don't have any documentation showing continuity of treatment, the VA has no choice but to deny service-connection. Like I've said before, depending how long you have been out of the service, being seen for a condition one or two times over a period of years probably wil not cut it. Without continuity of treatment the VA will probably need to see a IMO, such as the one you will be receiving from Dr. Bash, in order to grant service-connection. In a few instances I have seen where the VA was very liberal with the regulations and granted service-connection for a condition that really didn't have alot of treatment since the veteran's discharge. This becomes a judgmental call on the rater. Some are very liberal when applying the regulations and grant service-connection with maybe only one treatment of an injury over a period of say 6-8 years after discharge from the service, and some raters will want to see more than just that one period of ttreatment.

As far as your appeal on your PTSD, the new evidence that you sent them will promt he VA either to grant the benefits sought, or issue a Suplemental Statement of the Case (SSOC). Either way, the VA must decide all issues still open in a veteran's C-file before sending an appeal to the BVA So, if you send an NOD in for your knee, the VA will decide that before allowing your claims folder to go back to the BVA. The only way you can have the BVA make a decision on your PTSD with the evidence you sent in, is to waive the jurisdiction of your regional office. If you want to do this you must do this in a written request.

Your C-file is generally copied at the regional office. However, sometimes if a veteran's C-file has been inactive for a while, the VA may have sent the claims folder to a storage facility away from the regional office. There is an area in VA's jurisdiction where they keep retired C-files in St. Louis. So if your C-file is there, your regional office would request that file, and once it arrived at your regional office they would then copy it and send it to you.

Vike 17

[kkp]

To Berta, John 999, Vike 17, and Pete 53:

Yes Berta I was a screaming eagle and yes I will be till the day I die. After talking to Dr. Bash today, he went over with me what I needed to send him and I have it all on file except for the C file. He didn't mention the C-file but I agree it would be a good thing if he had it. I wish you would elaborate a little further on the side affects of the PTSD medication. Do you mean I should write the side affects down and take to my rep or have a doctor do it? I have read enough on hadit to realize he should have sent an IU form yesterday but he was ademate that I had to be 70% or they would not accept it. I argued the point that should I be granted 70% they would have the IU form there for their decision. Am I right in this assumption or should I contact the ro and get an opinion from them? I could use advice in this area. My rep argued even though the ro has my C files, they would bundle it up and send it to St. Louis for copies to be made and then mailed back to the ro and put at the end of the stack again. It sounds stupid to me but the boss may not always be right but the boss is always the boss. I am not working and have been on SSDI since 1985 (unservice related).

Vike, the VA did not rate my left knee afterall. The reason on their decision simply says "service connection for degenerative joint disease, right knee (claimed as right knee condition) is denied".

My right knee is chronic. However my family doctor that aspirated my knee many times in the 60's and 70's died and as hard as I have tried I cannot find his records anywhere. It is well documented in my private medical records in the mid 70's to date. I mean I did not go to the doctor every month for the knee but it is well documented many times through the years including getting braces from the VA for the last ten years for both knees. Dr. Bash said something about moving the PTSD to DC also but I really didn't understand what he was saying. Well get further clarification.

The situation with my green rep dictates that I am going to have to handle my case pretty much on my own. My plans at this point is to send the packet of material Dr. Bash asked for and go from there. Perhaps with any luck the PTSD claim will take care of itself before the appeal on the knee is docketed. If not, possibly I can get them both transferred to DC to be ruled on at one time.

Don't be bashful and please give me any input you might have. kkp