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Ptsd & Appealing Claim


chriscshunter

Question

I have been going to a VA clinic for treatment of PTSD for sexual assault for 3 months now. Online I submitted for PTSD and on the 18th of March the claim was closed. I couldn't find any detailed information on the site of my claims other than what I submitted for, so I waited for the letter. In the letter it failed to make any mention of PTSD.

The same day I was contacted by a 'Veterans Claims & Appeals Officer' who discussed my recent claim's results. I asked about why PTSD wasn't mentioned. To dismiss me he said, "how can you be so sure you have PTSD?". I explained that I've been in treatment for PTSD for 3 months. Then again to dismiss he said, "well how can you prove it was in relation to your military experience?" In frustration I explained bluntly that I was sexually assaulted while I was on deployment. He then quickly explained that I can appeal and ended the conversation.

Do these people even read when you make a claim? This was insulting to me, and completely unprofessional. I shouldn't have to explain this to someone over the phone who should damn well know the sensitivity of the matter. The VA clinic has even diagnosed me with PTSD, and I still get denied.

So now I go online to ebenefits to appeal the claim and the option is gone and the site has completely changed. I spent the last 2 hours trying to figure out how to make an appeal. Is there a guide to this new system to appeal a claim???

Edited by chriscshunter (see edit history)
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  • HadIt.com Elder

Service-connection(SC) is the most important part of your claim. The VA may very well have diagnosed you w/PTSD but, to me, the SC part is the important part. And "no" they generally don't read the whole claim. They try to dispose of the claim as quickly as possible. They are not held responsible for their work, so there is no reason to do the job properly. It's sad but that's how it is.

Did they schedule a C&P exam?? They should have! It sounds like they did nothing on your claim. I would consider emailing VA Sec. Robert McDonald, otherwise I see a 2-3yr wait to resolve your claim. jmo

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Thank you for your response. I'd gladly take your advice if I could find his email, and no I never got a C&P exam for my PTSD. In terms of the new system on ebenefits, can someone elaborate on how/where I make an appeal?

Edited by chriscshunter (see edit history)
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I am no PTSD expert, but I think the most important issue is the "stressor".

The stressor is what the PTSD is founded from.

The VA has to be able to verify/document the incident (stressor).

They wont take your word of the incident.

You can verify the incident thru medical records, base records, buddy letters, newspaper clips (if you are mentioned), etc.

"NEVER GIVE UP"

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"In the letter it failed to make any mention of PTSD."

After you filed the claim, did they send you a 5103 letter advising you what evidence they needed to have?

"The same day I was contacted by a 'Veterans Claims & Appeals Officer' who discussed my recent claim's results. "

Gee, we all wish someone like that ,from the RO, would 'discuss' their decisions with us.

Can you scan and attach letter this 'letter' ("claim results") to this thread? cover C file number, name,, address prior to scanning it.

Email for the Secretary:

robert.a.mcdonald@va.gov

However, I strongly suggest letting us read the 'letter' first, before contacting the Secretary.

Edited by Berta (see edit history)
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You have to have ALL 3 things for service connection, if any 1 of these is shakey, then your claim will fail:

1 An in service event or aggravation.

2. A current diagnosis of PTSD.

3. A link, or nexus, betwee the 1 and 2.

You need to get your cfile, and see what it says. Does a doc say you have been diagnosed and are under treatement for PTSD? Dont "assume" the VA clinic will send you the VA the records, they may not even have them, or, you may not have been seen by a doc at the clinic, only some type of counselor who can not make PTSD diagnosis.

You may also need to see if your record includes reporting of the stressor, that is, the Sexual Assault.

To appeal the decision, you file a notice of disagreement and I recommend you give your reasons why. If your records are missing or incomplete, then you may need to try to locate them, or, you may even have a copy.

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