Appeal Complete,no Notification Sent

[air1]

I just check my appeal and it shows completed on 06/19/2015. It also doesn't show notification sent and I check under letters and it show the same no service connection.Is it possible that they ebennie hasn't been updated fully.I cant access appeals review until September.I am waiting on Berta to call me back.Its been 40 months and I have an attorney.

[Navy04]

It is too soon to tell bud. Just try to be patient and see what happens in the next week or so. Good luck

[Berta]

"I am waiting on Berta to call me back"

I don't handle claims situations by phone or email, or PMs, or any other way than here at hadit.

Maybe you should call your attorney.

[RickH]

How did you find out about your claim being closed, the ebenefits appeal side is down until Sept.?

[air1]

UNDER HISTORICAL CLAIMS

Edited June 23, 2015 by air1

[air1]

Just Got Letter Denied All Claims. Stated Str Showed Psychiatric Complaint Though Chronic Disability Not Diagnosed In Military Or Within One Year (I Was Diagnose With Depression And Stated In My Discharge Papers That Due To My Depression And Disillusionment With Military Life I Can Not Be Remedied,My Last Performance Report Indicate Diffi Culty Working With Others)They Also Acknowledge I Was Assaulted In Military,No Mention Sleep Disturbance In My Medical Records- (2) They Also Stated Examiner Opinioned Depression Related To Recent Life Stressors And Record Did Not Show Continue Treatment (I Was Locked In Wilford Hall Medical Center For Three Days And Then Three Years After Discharged From Military Force By Cp Telepnone Company To Go To Group Therapy After I Had Panic Attack At Work And Went To Er,This Was For One Month Monday-Friday.After This I Refuse Treatment Just Kept To Myself)(3) They Aalso Stated That Because My Private Examiner Was Opioned Of Ptsd And Major Depression Was Not Supported By Clinical Rationale And Because Va Examiner Opinion Was Supported By Clinical Rationale And Credentials Were Doctoral Level Psychologist Compare To My Examiner Who Was Master Level Psychologist So They Assigned Less Probative Value.(4)(They Did Not Take Into Account My Psych Doctor I Saw At Mental Health Center For Over A Year Once A Week While I Was In House Group Therapy For 16 Weeks,Who Diagnose Me With Ptsd,Depression.)Also The Statement States The Private Examination As 04/13/2013 Which Is Wrong It Was 04/2014,The Va Exam Was The One Over 24 Months Old.Help

Edited July 9, 2015 by Tbird
�C�h�a�n�g�e�d� �f�r�o�m� �a�l�l� �c�a�p�s� �t�o� �t�i�t�l�e� �c�a�s�e� �f�o�r� �r�e�a�d�a�b�i�l�i�t�y

[Berta]

Can you scan and attach the Decision, as to their actual Reasons and Bases? (Cover C file, name, address prior to scanning)

And the Evidence list?

PTSD claims get denied mainly for 2 reasons.

If they dont fall under the 2010 regs, by virtue of MOS and incountry Iraq/Afganistan, there must be proof of the stressor

And there must be a medical rationale as to why the stressor caused the PTSD.

Your claim might have been filed prior to the PTSD regs and in that case the non VA MH opinion should have had some weight, but still it needed a medical rationalle, following the IMO criteria here at hadit. .

As to depression, this vet succeeded in getting a BVA award because his depression was re characterized, upon a re opened claim as an acquired psychiatric disorder.


"Service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder with anxiety features and agoraphobia, is granted."

There certainly could be something in that decision that might help you.

In part it states:
"When confronted with conflicting medical opinion evidence, the Board can favor one opinion over another as long as it adequately explains its reasoning. See Wensch v. Principi, 15 Vet. App. 362, 367 (2001). In this case, the Board finds that the positive nexus findings of the Veteran's VA treating psychiatrist outweigh the negative opinion of the November 2007 examiners."
and
"The Veteran has supported his petition to reopen his service-connection claim with letters from Dr. J.N.S., dated in April, May, and September of 2007, which attest to his struggles with major depressive disorder and anxiety and relate the underlying symptoms of those disorders "back to [his] time while on active duty in the Army." Dr. J.N.S. is a licensed psychiatrist whose training qualifies him to address the etiology of the Veteran's mental health problems. See Black v. Brown, 10 Vet. App. 279 (1997). Moreover, the Board presumes him to be credible for the purpose of determining whether his statements are new and material. Justus, 3 Vet. App. at 513."
And
"Specifically, the statements from Dr. J.N.S. suggest a nexus between the Veteran's current depression, anxiety, and related mental health symptoms and his active service. As noted previously, that was the particular element found lacking in the previous denial of the Veteran's service-connection claim. "

The veteran had also been "undergoing psychiatric hospitalization for 47 days during his period of active service, he continued to suffer from severe depression and related symptom" etc


http://www.va.gov/vetapp13/Files2/1312880.txt

NOTHING is impossible.And It does look like they missed some evidence that was probative to your claim.

Have you been in continuous treatment, whether private or VA, for either PTSD or depression?

One question, maybe I should have asked this question right away.....what does this mean:

"AND STATED IN MY DISCHARGE PAPERS THAT DUE TO MY DEPRESSION AND DISILLUSIONMENT WITH MILITARY LIFE I CAN NOT BE REMEDIED,MY LAST PERFORMANCE REPORT INDICATE DIFFI CULTY WORKING WITH OTHERS."

That shows a nexus of depression to service but we need to read the words of VA to see how they handled whatever the "discharge papers" and your DD 214 said about your discharge..
as it seems they might be saying the depression is solely due to 'disillusionment' with being in the military.

Edited June 23, 2015 by Berta