ptsd Dro Timeline?

[Prospector]

I served from '68 to '72. I filed for severe hearing loss, tinnitus, and PTSD in 2007. I received 30% on the hearing and tinnitus. They denied the PTSD for lack of proving stressor incident. At that time I had no idea where to get copies of my ships logs as I had assumed they would get them. I did not file a NOD. I continued to be treated for PTSD by the VA for the next few years. As my condition seemed to be worsening, my Dr. asked why I was not receiving compensation so I could retire and alleviate some stress? In June 2012, I found the official logs of the incidents and re-filed. After a C&P exam they awarded 50% PTSD for a combined rating of 60% in September 2012. I filed a NOD immediately and had another C&P in June 2013. In July they raised the percentage to 70% PTSD and a total of 80%.I then filed for IU and also another NOD on the original claim. In Jan 2014 they denied the IU. They also showed I had withdrawn my NOD to the original claim. (I contested this and in August they put the NOD back as active) I also have a rare cancer that was stage 4 when found in 2010 by the VA (not Service connected) Unlike most cancers, this is very slow growing but has no FDA approved treatment here in the US. (When found the VA told me to go home and get my affairs in order as they had no treatment for it)

I went to Germany for 3 treatments in 2012 which halted the progression of the cancer. It did not cure it, but bought me some time.

When I filed with SS for disability retirement, I filed for PTSD and when asked did I have any other conditions, I told them about the cancer. They looked it up and told me this cancer was on their automatic list and they could grant it immediately.

The VA in their IU denial stated that I was IU, however since SS granted disability on the cancer, it was not service connected so they had to deny. I filed a NOD explaining I did not file with them or SS for disability on the cancer, but for PTSD. Along with the NOD I submitted a letter from the chief VA psychologist who was treating me who explained the severity of my PTSD and the added depression from the cancer diagnosis aggravated my PTSD symptoms and according to his treatment notes he advised retiring to alleviate stress for the last year before I actually retired. October 8th, I received a phone call from the DRO. She asked if I would take another C&P exam and then a hearing. I agreed. I had the C&P exam on Monday October 27th and the DRO hearing was scheduled for the following Thursday October 30.

The C&P examiner volunteered at the end of my exam "you have taught me something today. I had an earlier exam today claiming depression and I could not see it. Yours is real. I feel it."

Her words, I seen no reason the VA to deny you benefits.

When I met with the VSO prior to the hearing, he was not even aware the DRO had scheduled another C&P exam. He tried to see if they had received it yet. They had not. We explained what the current exam Doctor had quoted and pointed out on the prior C&P exam June 2013 which raised it to 70% the Dr. had said I had already retired due to the Cancer at the time of the exam.

This was incorrect. I did not retire until the month after that exam and retired due to my service connected disability PTSD.

He went next door and spoke with the DRO and came back and asked would I settle for an informal hearing. I agreed.

The VSO introduced us to the DRO and then went mute. My wife presented the case to the DRO explaining the above info and showing her the letter (which was supposed to have been in my file along with the NOD) to the DRO. She asked who this Dr. was that wrote the letter (It was on official VA letterhead and showed his official capacity with the VA and his credentials)

My wife explained who he was. It was obvious she had not reviewed my file prior to the hearing.

She said this would depend on what the C&P report said (we did not tell her what the C&P exam doctor had quoted to us)

She also stated it was good this hearing was informal as she could move forward with her decision and notification should be forthcoming sooner since she would not have to wait for a transcription of the hearing.

Does any of this mean anything?

[Prospector]

Berta, Thank you.

I guess I have been so involved in trying to stay alive as long as possible, I have not given an FTCA or 1151 enough consideration. I had actually found a IMO source which will write an opinion for $2500. If court appearance is required you have to negotiate with that Doc for those costs.

I never backed down from anything in my life till now. From your encouragement and info I will go back and make this work. When I explained the facts of my tort case to the one attorney I got to speak to personally, he said the malpractice on the part of the VA was clear and evident in my case.

From the very beginning not doing the correct tests on the biopsy samples to determine the type of cancer I had (the same tumors they said were probably benign when they did the first biopsies, lit up on the Octreoscan a year later showing they were not benign but in fact Carcinoid)

They would have known this had they ran the right tests on the biopsy samples. Even after finding out what they were, part of the determination of how to treat them is doing a Ki-67 or mitotic index (shows how fast the cells divide and grow) At the visit 10 days after the original Octreoscan the Doc offered me the pill chemo that is not recommended by the manufacturer for this cancer. I asked what the Ki-67 results had shown, as according to all of the specialists, that determines which tumors have any chance for chemo to help. The lower the Ki-67 the least likely any chemo would affect them, but would certainly damage your immune system and other parts of your body. He replied he guessed they had not ran a Ki-67 report. I requested one. The next month at my next visit I saw another of their docs. His first question was I willing to start the chemo pill. I asked what were the results of my Ki-67, I explained I had requested one. He looked on the computer and said it appears they have it up in pathology. He would go get it. When he returned he had a senior oncologist with him who he introduced and remarked he had been told no one was allowed to see me without a supervisor present. I asked the result of the Ki-67. He replied 5% (extremely low - almost no chance any chemo would work on it) He asked again if I would take the chemo. I responded that would be like trying to shoot a fly on the wall with a shotgun. You may or may not affect the fly but you are guaranteed major collateral damage. The answer is no.

The young doc commented "You know an awful lot about this disease." I replied " Only because you and your bosses don't."

When waiting as the Dallas VAMC for an Oncology appointment another Vet began talking to me. He had just won a TORT case (settled with an offer) the month before. Come to find out we both had the same primary care Doctor. She had forgotten to order a colonoscopy when he had a test that showed blood in his stools. This was the same Dr. who had forgotten to order my Pet scan from January till May at my next visit. At that point, I only had on my mind getting some sort of treatment for my cancer. I probably should have filed then.

Unlike most cancers (which have a higher Ki-67 index where I would have already been dead) this cancer does not show any symptoms. That is how I was able to continue working. I had been treated for PTSD for the prior 3yrs at that point, and found it increasingly hard with the VA to understand I had been fighting the PTSD much longer than the cancer, but they continued to go back to the cancer as why I had to retire. It did increase the symptoms of PTSD but it was not the reason I could not continue working.

Again thank you for the advice and help. I am now going after them "Big Time".

[justrluk]

First, your post reads as though you've been through quite a bit. I truly hope you are getting support (other than from family) as the extent of what you are dealing with can be a bit much for a loved one to handle. Not that she can't, but you may need to talk to a professional psych to help you deal with all of this. Second, It sounds as though the DRO is trying to fast-track this issue (a good thing) as long as there are no corners being cut. Stay in touch with your VSO. They can get busy, so keeping their attention is a bit tough at times. Agree on a period (weekly, biweekly, etc.) that you should call and touch base. I wish you all the best.

[Prospector]

Has been three weeks since DRO hearing. So much for the "expediting mentioned by the DRO". I was able to get a copy of the C&P exam. They did a very good job. The C&P was completed 4 days before the hearing. I would upload it, but can't seem to figure out how to do it.

My VSO is being true to form. He will not return phone messages inquiring on the status of the decision. (His desk is 50ft from the DRO's desk) Once again it is wait till someone decides to open the folder and complete it.

[Berta]

WOW .lots here and I cant always take the time to read every post....glad I found this one today.

"They denied the PTSD for lack of proving stressor incident"

"In June 2012, I found the official logs of the incidents and re-filed" I assume you mean re-opened the claim...

You sure might have a basis here for a CUE or a 38 CFR 3.156 claim for more retro.

Did the VA even consider the older denial and cite 3.156?

On the past denial did they put PTSD NSC but give you a rating at least at ten percent at that time?

"I also have a rare cancer that was stage 4 when found in 2010 by the VA (not Service connected) Unlike most cancers, this is very slow growing but has no FDA approved treatment here in the US. "

If it was slow growing , is it possible the VA should have found it sooner?

(When found the VA told me to go home and get my affairs in order as they had no treatment for it) That sounds like maybe a defense statement if they thought you might file FTCA or 1151.

It sounds to me like you have presented a very GOOD claim and fortunately you have a proactive wife!

I think this will go very well for you...

Do you mind sharing the type of cancer with us? Did any doctor give you any cause for the cancer, that could be directly SCed? Where did you serve?

Years ago I found a BVA case whereby a widow was trying to get DIC for her husband's death. The cancer he died from was very rare,and they would not SC it.

The widow was very aggressive in seeking evidence. She found a Medical Treatise on the net that revealed the people in a small village right near where her husband served in Korea had developed a very high incidence of this type of very rare cancer.

She won her DIC at the BVA with that single piece of evidence and her husband's death certificate.

NOTHING is impossible.

[Berta]

What was the name of your ship?

[Berta]

forgot---

If you can scan the C & P (cover your c file, name , address first)into a word doc, you can then use the options button on the lower right hand side of the message area ( More Reply Options) and then the file you scanned can be attached here for us to read.

I cant wait to read the final decision you get!