Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading


  • 2023-foeum-banner.jpg

     

     

     

     

     

     

     

  • red-rectangle-thin-bar.png

     

    Ask Your VA Claims QuestionThe LatestVeterans Crisis Line


     

     

     


    red-rectangle-thin-bar.png

  • Show Your Support for HadIt.com Veteran to Veteran - Wear With Pride - You are part of a 25 Year Tradition of Veterans Help Veterans through the VA Disability Claims Process.

     Check Out All The Ways To Show Your Support! 2022-11-16_06-22-29.png

  • Who's Online   0 Members, 0 Anonymous, 16 Guests (See full list)

    • There are no registered users currently online
  • 0

Nod Received, Should I Submit 21-4138?


SoldierMedic395

Question

Here's my SitRep. I filed in 2013 after a foiled suicide attempt (NY traffic saved me, go figure) and being assessed with PTSD and MDD at a VAMC. I never got a C&P exam and was denied exactly a year to the date of my initial filing. I got an attorney to assist my appeal but I got impatient and e-mailed Sec. Bob. He got the ball rolling and my case was sent back to the VARO. In the process I found that my attorney did not file a NOD and intended to wait until June 2015. I'm out of work and desperate so I filed a NOD myself. I just got the acknowledgement along with the Statement in Support Of Claim form 21-4138. My question is should I submit the form and just what should I say? I'm guessing that I should describe my stressors, service in country (ODS '91, Northern KSA) and how it has effected me afterwards but I'd like some feedback from those who have been there before.

Link to comment
Share on other sites

Recommended Posts

  • 0

You haven't dismissed your attorney yet? That could present a problem and should be addressed. Have you discussed any of this with your attorney?

What type NOD did you choose, BVA or DRO Review with or without a hearing? Have you been seeing any VA Mental Health Clinicians, what's their DX?

As for your NOD, not uncommon to take in excess of 2+ yrs.

SempermFi

Gastone

Link to comment
Share on other sites

  • 0

I kept the attorney because I think I need all the help I can get. I haven't contacted him yet but the letter says that he has been informed. I did get treatment at the MHC and I have a DX for MDD, not so sure about PTSD although I was screened and told I had severe symptoms. I really don't trust the whole system anymore so I haven't been to the MHC for a few months now. My feeling is to request DRO review but I don't know if I can handle a hearing. All I really want is a C&P exam so they can confirm what they have already assessed me for. I really see why people give up and I haven't been on this ride very long. I'm not quitting though. I just want to make sure I don't screw myself during the process.

Link to comment
Share on other sites

  • 0

"My question is should I submit the form and just what should I say? I'm guessing that I should describe my stressors, service in country (ODS '91, Northern KSA) and how it has effected me afterwards but I'd like some feedback from those who have been there before. "

'just what should I say'

The answer to that is within the denied decision.

Can you scan and attach here the Reason and Bases for Denial and their evidence list?

Cover C file # name and address prior to scanning it.

" I have a DX for MDD" The comp is the same amount for MDD as for PTSD.

Did you specifically claim both MDD and PTSD?

The 2010 PTSD regs are here in our PTSD forum.

You will most likely have to prove a nexus to your service with proof of a stressor, if the diagnosis iis PTSD but you dont fall into the fear of hostile fire, close proximity to hostile fire' part of the 2010 PTSD regs.

Is the KSA acronym for Kuwait?

I see you are USAR, can you prove the stressor happened while on AD?

Edited by Berta (see edit history)
Link to comment
Share on other sites

  • 0

I claimed PTSD, MDD, night sweats and chronic fatigue.

The denial statements:

When determining whether to grant service connection for PTSD, VA considers all potential in service stressors reported by the veteran or raised by the evidence. VA was unable to verify any of your in service stressors in order to grant service connection for PTSD.

The available medical evidence is insufficient to confirm a link between current symptoms and an in service stressor.

Chronic fatigue was denied as I expected since my GWI exam was cancelled before I submitted.

KSA is Kingdom of Saudi Arabia

I did write up a list of my stressors that I sent to my lawyer and the VARO.

Stressor events XXXXXXX USAR 395th Med Det at time indicated:

1) Repeated NBC alerts in Tent City Riyadh and King Khalid Military City (KKMC) 21 Dec. 1990- March 1991.

2) 17 Jan. 1991 2:30 am approx. Allied air campaign begins. The siren sounded and unit evacuated barracks and proceeded to underground shelter. During the wait for “all clear”, 2 soldiers from 251st Evac Hosp., locked and loaded weapons and took aim at other American soldiers entering the shelter. I feared a friendly fire incident. Witnessed by Maj. XXX XXXX, 1Lt. XXX XXXX, PFC. XXX XXX of 395th Med Det, among others.

3) 24 February 1991 Afternoon, Scud intercept by Patriot battery over KKMC. I was at 803rd Med Group HQ signing in at time. The entire HQ shook from the shock wave and I had run outside to retrieve my NBC gear from unit vehicle. Multiple witnesses from 803rd Med Grp

4) March 1991 accidental discharge of small arms from Allied soldier in Saudi PX area, round impacted HQ of 803rd Medical Group. Members of 803rd Med Group, 395th Med Det and all subordinate units of 803rd witnessed as we were assembled in anticipation of the mass vaccination mission

5) Ordered by 803rd Med Group to participate in mass vaccination for anthrax of entire AO, with no record of shots given and ordered not to let Allied forces know about mission or existing vaccine. Many soldiers resisted vaccine on rumor of untested vaccine. I inoculated thousand of soldiers and worried that I am the cause of their health problems.

6) Lived and worked in exposure area of Khamisiyah Pit Demolition March 10-13 1991

7) Late March 1991 ordered by Lt. Col XXX XXXX MD to assist civilian nursing staff in children’s ward at KKMC Hospital. We were asked to assist as changing burn dressings is very painful for the patient and the civilian staff did not want the children to associate them with a painful treatment. We changed dressings on 7-9 burned children ages 3-10. I had to restrain a boy roughly aged 9 as he screamed and resisted care. I went to observe the neonatal unit next door and as I approached, I heard my own voice in my head repeating, “No”. I then witnessed 12-20 infants wounded and burned by shrapnel. Maj. XXX XXXX ,395th Med Det, had to physically bring me out of a trance like state as I stared and repeatedly yelled my name to “snap me out of it” 1Lt. John Flynn, Spec. Jennifer Brown also witnessed

8) Soldiers from 251st Evac Hosp. Consistently mistook me for a Saudi or possible enemy as my fatigues had no markings. I feared a friendly fire incident or misidentification as an infiltrating enemy.

9) Possible exposure to depleted Uranium and other battlefield contaminants as result of treating wounded EPW patients who arrived in Operating Room fresh from the field with fatigues on.

10) Incident in KKMC Operating Room, treating Republican Guard EPW still in fatigues who had a live hand grenade in his pocket that was found after he was anaesthetized.
Maj. XXX XXX was present as were members of 251st Evac Hosp

11) On return to US, 395th Med Det and 808th Station Hosp. was disbanded and absorbed into 4220th USAH, officers noted my detachment and “tired” look, I often fell asleep in long meetings. I was advised to seek help during a transition briefing but declined and denied that a problem existed to avoid a negative impact on my career.

Unit Deployment:
395th Team Surgical-KA, Uniondale
395th Med Det(Orthopedic) was attached to 251st Evac Hospital (USAR, South Carolina)
803rd Medical Group served as higher command
Association of 3rd Armored Div. Service from 21 Dec 1990- 16 May 1991 in KofSA
Reference:
AD-A277 591 United States Army Reserve In Operation Desert Storm ( 94-09819, 94 3 31 79)
Performing Organization Report Number: MDA 903-90-D-033

Edited by SoldierMedic395 (see edit history)
Link to comment
Share on other sites

  • 0

"I claimed PTSD, MDD, night sweats and chronic fatigue.

The denial statements:

When determining whether to grant service connection for PTSD, VA considers all potential in service stressors reported by the veteran or raised by the evidence. VA was unable to verify any of your in service stressors in order to grant service connection for PTSD."

Buddy statements, that conform to what Buddy statements need , can help verify the stressors.

Explained here:



Units have web sites these days and that along with Facebook and google make it easier than it used to be to be able to find and contact buddys who can give the VA an eye witness account of a stressor.



"The available medical evidence is insufficient to confirm a link between current symptoms and an in service stressor."

Chronic fatigue was denied as I expected since my GWI exam was cancelled before I submitted.

"KSA is Kingdom of Saudi Arabia" -sorry I got that wrong.

The PTSD 2010 regulations are quite stringent -they are here in the PTSD forum.

Vets, uhless they completely fit into the 2010 regulations or have combat related decorations on their DD 214s,( CAR, CIB, PH) should never lock themselves in to just claiming PTSD.

What did they say about the MDD?

Did they raise any other reason for denying the PTSD claim? Like having no VA MH diagnosis????

Link to comment
Share on other sites

  • 0

We were a very small unit and I haven't been in touch with any of them for about 15 years. I think a lot of my problem is due to the fact that we were a 7 soldier strong detachment. It was very hard for me to find evidence that we even existed on the web, let alone that we were in country. I did manage to find some reports from the command that we were attached to and news reports on our mobilization and return and sent those to the VARO.

I do have a Southwest Asia Service medal and the report from our commanding unit placing us at KKMC during the SCUD intercept and inoculation mission for what it's worth (nothing it seems).

The letter lumped all of my conditions in one box. I do have a DX for MDD and was being medicated and treated. I was also allowed into a PTSD group program at the VAMC. I really don't understand why the MDD alone wouldn't be approved for an exam. I honestly think that my case was denied for performance stats since my treatment and dx were ignored and I was denied exactly 1 year after filing to the day.

It feels like I am beating my head against a wall and this process just makes me feel worse the more I fight.

Link to comment
Share on other sites

  • 0

3rd AD info here:

http://www.3ad.org/


some here:
http://en.wikipedia.org/wiki/3rd_Armored_Division_%28United_States%29

here is a Spearhead on Facebook:

https://www.facebook.com/A3ADV

he mentions the 3ADV reunion. (Reunioun rosters often contain possible buddys to contact).

803rd medical group info here:

with a 'Lookin for' part of the forum
https://www.vetfriends.com/units/index.cfm?unit=407181

more
http://www.desertstorm1991.com/files/MED/0803MED_GP.htm

Were you in King Khalid Military City ? ( is that the KKMC acronym)

Link to comment
Share on other sites

  • 0

That is King Khalid Military City and I was there. Our chain of command went from us to the 251st Evac Hosp to the 803rd Med Group. I found our unit in this document: AD-A277 591 United States Army Reserve In Operation Desert Storm ( 94-09819, 94 3 31 79) and on the 3rd Armored's site. I really doubt that any of these people would know us. We were a small detachment that mobed out so fast that we had no insignia on our BDU's. The members of the 251st often mistook me for a Saudi troop due to my hue and lack of identifying markers.

Link to comment
Share on other sites

  • 0

Have you obtained your complete personnel file and SMRs from NARA?

Link to comment
Share on other sites

  • 0

I've put the requests in myself and with my attorney. Neither of us have gotten anything. A Gulf War Facebook group tells me that many of our records were destroyed. I guess that's why I had a hard time proving wartime service earlier in the process. Truth be told, I'm pretty lost in this whole thing.

Link to comment
Share on other sites

  • 0
  • Moderator

You have one of the best advocates available with Berta. Im not kidding. Right up there with Berta is ASK nod. Berta knows more about widows benefits, while Ask nod is, indisputably, the hep c expert Veteran advocate.

Both these advocates have not only won many years of back benefits, they are realy well informed. Both have the "Veterans Benefit Manual"..that you should have...if you elect to go it on your own. The VBM consists of NVLSP lawyers opiniions on cases based on thousands and thousands of case law...no guesses..just what happened in court already. The VBM is a training guide for lawyers who represent Veterans. I think "virtually all" Veterans attorney's use the VBM.

Im not a PTSD expert..maybe YOU could become that expert and help other Vets win their PTSD claim as other ptsd vets have had extreme difficulties like yourself.

Only a little behind Berta and Ask Nod is PR...PR knows his stuff.

Edited by broncovet (see edit history)
  • Like 1
Link to comment
Share on other sites

  • 0

Thanks Bronco and especially Berta. I was lurking this site before I signed up and I always read Berta's posts. She is the bomb (as the kids say)! I absolutely intend to become an advocate for PTSD vets. I've also been trying to become an advocate for Native American vets through my connections within my tribe and through some editorial writing I've done in the Native press. For now though, I have to fight for the win or else my advice would be useless.

Link to comment
Share on other sites

  • 0

Well, the attorney has withdrawn representation and I am glad. Apparently filing the NOD on my own upset them because I didn't think that waiting for the full year deadline was a good idea. They completely disregarded the fact that I am unemployed and on my way to eviction and I needed help ASAP. When the rep from the Congressional unit at the VARO responded, they refused to speak on my behalf and told me to say what I wanted, now they are upset. It seems to me that this firm was willing to let my claim linger for as long as possible for their benefit and not mine. It's a happy divorce as far as I am concerned.

Link to comment
Share on other sites

  • 0

You don't suppose that attorney was attempting to drive a bargain at the RO and avoid a lengthy substantive appeal and two-year DRO review hold up? Attorneys move in strange ways that we don't always understand. I strongly doubt any would hang you out to dry for more retro. That's asinine. They work for 20%. Ever been out in the traffic with ambulance chasers? Their minimum is 40%.

There's method to the madness. For instance, if your impending homelessness is documented, he could get it done in less that 90 days based on 20.900© and an emergent situation. Over the years, I have yet to meet a VA attorney with ulterior motives aimed at "milking" Vets. That's some old VSO wive's tale that surfaces every two weeks over at Peggy's Pretty Pink Site and usually emanates from a reputed former VA employee with a fondness for bourbon and late night pontificating.

Ask yourself one question. Why would anyone go to law school and rack up $200,000 in debt from student loans (with a 4% interest rate) in order to find the least lucrative venue for making money from their Juris Doctorate? Were it me, I'd be hanging around the Emergency rooms of large hospitals with a wad of business cards. That's where the money is. J1VO.

\x/

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

{terms] and Guidelines