ptsd Prep For Notification - Effective Date

[Billielea]

Hi Everyone, I am a first time poster. I have been reading this site for a few weeks now and have found it very helpful. This is my story. I served 9 years in the Army National Guard. I deployed to Iraq in March 2003 until March 2004 as a truck driver and witnessed many things. I received the Combat Action Badge (a year or two later when it was created). I was on several convoy's that were attacked with IED's and small arms, including one IED that hit my truck directly. I was not wounded, but was very dazed afterward. It took me several years to come to terms with the fact that I was suffering from PTSD. I was also afraid to seek help due the stigma that I felt it would have created in the Military at the time. In 2008 I ETS'd from the Guard. In 2009, My husband ( a combat vet as well) finally convinced me to seek help from the VA. I went to all my initial appointments, but was very disappointed with the level of care I received. Especially in instances where I would have to drive 3 hours to Oklahoma City, just to be told that one or more of my appointments would have to be re-scheduled. I was told that I have PTSD and TBI in some of the appointments. Later that year, I filed a claim for PTSD, TBI, and gall bladder residuals. (I had to be flown to Germany July 4th 2003 to have my gallbladder removed, then returned to Iraq. ) In my 2009 claim, I was denied PTSD, received 10% TBI, and 0% gallbladder residuals. I did file a NOD for the PTSD, but after that I did not follow thru on anything else concerning the VA. The C&P examiner for PTSD acted like it was impossible for me to have been in combat because I was a woman, and blamed everything on my hormones. I was done with the VA after that.

Fast forward to 2013. I was still dealing with PTSD. After years of pleading with me, my husband finally dragged me back to the VA. Since we live on the Oklahoma / Texas line, My husband enrolled me in the North TX VA system. I started receiving treatment there and I was very impressed. I have even started to feel like I am making some improvement. In March 2015, I filed a Re-open PTSD claim and TBI increase. My ebenefits has been bouncing back and forth from "prep for notification" to "prep for final approval" to "gathering evidence" and up and down for three weeks now. It sits at "prep for notification" today. I called the VFW VSO a few days ago and they said that they can see where I have been awarded 50% for PTSD effective March 2015 but my TBI was decreased to 0%. I can see my C&P exam notes in blue button, and the PTSD examiner states that it is the same symptoms that I presented with in 2009. I am very elated that I am receiving 50%.

While surfing the web doing some research on VA claims in the last few days, I discovered an article about the OKC C&P mental health examiner (Dr. Gail Poyner) being dismissed in 2010 for not following guidelines and performing test for malingering and pretty much denying most PTSD claims. After more research I discovered that it was the same examiner that I had. She has also written an article stating this out right. While I'm sure that malingering does happen, I wonder if she just assumes that everyone is faking. Although it took me a long time to come forward for help, my symptoms are real and her out right dismissal just made me feel like no one could help me and I just had to suck it up and drive on at the expense of my mind and my family.

Does any one feel that I might have a case to appeal the effective date, or should I just leave well enough alone? All advice is appreciated.

[spearhead91]

Welcome and glad you're getting some help now. We all hated the "suck it up" or "have some motrin" return to duty while we were serving. But now afterwards not so much and years later when he need help we expect it to be there and not put layers upon layers of red tape. It's getting better I hope across the board with streamlined enrollment process etc. but I'll have to wait and see this myself.

Best of luck to you and your family. And thank you both for serving!

[broncovet]

You are going to run into difficulty overcoming the finality of previous decsions you did not appeal. Dont make that mistake twice and file a NOD within a year of this decision disputing the effective date. Just filing the NOD, however, is not good enough, you must timely file the I9 within 30 days of receipt of the SOC to "perfect" your appeal .

However, all is not lost. What you need to do is order a copy of your cfile. Then, this needs to be reviewed by someone experienced who can spot "CUE". It is also possible the VA did not have all your evidence, and you can reopen by 38. CFR 3.156.

People think the VA complies with regulations, when, most of the time they do not. If you did not receive a SOC, or if you submitted more evidence after receipt of the SOC and did not receive a SSOC, this tolls the time period for appealate review.