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.

[Berta]

Since you have a lawyer I would ask the lawyer if she feels you can CUE the decision,based on that evidence..

If she doesn't know that a decision can be CUEd in the appeal period, ( no regulation for that tactic, I made it up and it does work)

she can join us here and I will tell her how.

Without knowing exactly what the VA has stated on paper to you, I am at a loss for really giving any advice at this point.

With your permission she could attach a scan of the decision and attach it here as well ( she needs to cover the C file number, name, address prior to scanning it.

Or you can read over all of the info here on getting VA to CUE itself, and if you feel they made a legal error to your detriment, you can file this type of CUE yourself.

There just isn't enough info here to understand this entire situation and if your IMO was from an MD, you should correct that,with the VA because they are referring to him as "Mr."

As you know a PTSD diagnosis MUST come from a VA MH professional,these days, unless a vet falls into the 2010 PTSD regulation criteria.

I guess they gave no weight to his depression diagnosis either.

Edited June 28, 2015 by Berta

[air1]

Thanks ,I will ask her.I gave all the evidence on this thread about their rational for denying in case you didn't see it,but thanks you have been great with the advice to everyone.

[air1]

Since you have a lawyer I would ask the lawyer if she feels you can CUE the decision,based on that evidence..

If she doesn't know that a decision can be CUEd in the appeal period, ( no regulation for that tactic, I made it up and it does work)

she can join us here and I will tell her how.

Without knowing exactly what the VA has stated on paper to you, I am at a loss for really giving any advice at this point.

With your permission she could attach a scan of the decision and attach it here as well ( she needs to cover the C file number, name, address prior to scanning it.

Or you can read over all of the info here on getting VA to CUE itself, and if you feel they made a legal error to your detriment, you can file this type of CUE yourself.

There just isn't enough info here to understand this entire situation and if your IMO was from an MD, you should correct that,with the VA because they are referring to him as "Mr."

As you know a PTSD diagnosis MUST come from a VA MH professional,these days, unless a vet falls into the 2010 PTSD regulation criteria.

I guess they gave no weight to his depression diagnosis either.

MY DD214-UNSUITABLE-PERSONALITY DISORDER-EVALUATION OFFICER(under reason for separation) SPD--JMB (separation code) 2C (reenlistment code). MAYBE THIS IF YOU BETTER UNDERSTANDING OF MY CASE,NEVER MENTION DISCHARGE IN DENIAL.

[Berta]

This is first time I was aware of what the actual discharge was for...Personality Disorder.

Do you have a stressor incident you can prove? (that raises to the level of stressor per my post here on VA's definition of a stressor?)

Has the lawyer suggested filing any other type of MH claim?

Did you receive an Honorable Discharge?

Have you ever made any attempt (via the BCMR- Board of Corrrections of Military Records)) to get the spin code changed ,with proof of a different psychiatric disability?

Vets have done that.But it takes a lot of work.

[air1]

This is first time I was aware of what the actual discharge was for...Personality Disorder.

Do you have a stressor incident you can prove? (that raises to the level of stressor per my post here on VA's definition of a stressor?)

Has the lawyer suggested filing any other type of MH claim?

Did you receive an Honorable Discharge?

Have you ever made any attempt (via the BCMR- Board of Corrrections of Military Records)) to get the spin code changed ,with proof of a different psychiatric disability?

Vets have done that.But it takes a lot of work.

My stressor was personal assault by military police in my barracks with witness that was accepted in the reasons and bases decision that stated" Service record markers and corroborating statements support the description of the in service personal assault. My lawyer file : ENTITLEMENT SERVICE CONNECTION CHRONIC ACQUIRED PSYCHIATRIC CONDITION INCLUDE DEPRESSIVE DISORDER NOS,PTSD,PASSIVE AGRESSIVE AND SCHIZOID. I was HONORABLE DISCHARGED. Never tried to get spin code changed, but as I mention in the recommendation narrative that was from evaluation officer,the same officer and report that stated "due to depression and disilussionment with military and difficulty working with others recommend discharge,

Edited July 2, 2015 by air1

[air1]

Allison Hickey,RO Director.Email Allison Hickey got email back from her and then the staff assistant to RO director called me and explain that if I had anymore evidence that I could produce it when I filed my I9 appeal, the staff assistant sent me email stating what she said and sent to Allison Hickey also. I then proceeded to state the facts again as I have in this thread and forwarded to Allison Hickey again.I received a call from the RO director today but I missed it and when I went to check my mail I have a letter from the VA Evidence intake center,this letter is asking if I have anymore evidence and to submit in 30 days or sign notice of response saying if I want to go ahead and make decision without anymore evidence submitted in 30 days.This is after I already received denial of benefits for PTSD and Depression Acquired military.So why am I getting another letter stating they going todecide my claim again when I have not sent in my I9 appeal form I received with my original denial two weeks ago?