ptsd Looking For Soc And Appeal Advice

[MartyL16]

Thanks again in advance.

I get a good rating in late 2013 (100 TDIU from SC), some RETRO pay. Sent a NOD in almost 1 year later and PTSD denial was #1 denial. Interesting because the VA Mental Health had me since 2007 as a diagnosed PTSD, GAF-40, with "loose marbles", anxiety and OTHER. The RO has been turning PTSD down since 2005, so along with the NOD, I attached all 8 years of more than 100 pages of "active" VA psychiatrist (MD) and psychologist (Phd) VAMC records, plus 14 pages of very detailed "in service" stressors and other stuff that contradicted their DENIALS for all those years.

They send me a letter in January 2015 stating they cannot read/understand what I am asking for, with a "copy of that Rating" I am disagreeing with BUT with a NEW entry listed in the EVIDENCE. Now it shows records from these years of MH records. (as if they knew about them all along).

Then I send them a "small words" version of the NOD and this past June 2015, I get a SOC that is an exact copy of their modified EVIDENCE version form January, and in the last few pages of the SOC they put:

We received your medical evidence from the TIMBUKTU VA medical Center which discusses the symptoms of your medical condition.

The available medical evidence is insufficient to confirm a link between current symptoms and an in-service stressor. Therefore, service connection for post traumatic stress disorder remains denied.

Wow, now they can change a DIAGNOSIS to a DISCUSSION of SYMPTOMS. Such power, such finesse, such arrogance!

I want to find a way to inform the judge during my BVA Video that this has been done. Can I???????? How????????

Lastly, My Form 9 lists all items I am appealing, but general explanations of my disagreements plus some M21, Title 38, and Court citations that are HELD. The local RO wants to see my Appeal first (don't like that idea), and when I finish my many pages of Appeal evidence, I want to send that directly to D.C. after the RO officially notifies me that they sent my C-FILE to the BVA.

I welcome your opinions, advice, and suggestions. Anybody want to see the SOC?

Marty

[Fat]

I wish you luck......

It seems the primary roadblock is the VA confirming the stressor for PTSD.

Make it "elementary" for them when stating the stressor.

Some raters are precise and attempt to connect the dots, however some raters are uninspired and wont look any further than the lettering on the paper.

I'm not a PTSD claimant, so my knowledge is limited.

However, HADIT has several knowledgeable patrons that will be able to give you further helpful insight.

NEVER GIVE UP

[MartyL16]

I wish you luck......

It seems the primary roadblock is the VA confirming the stressor for PTSD.

Make it "elementary" for them when stating the stressor.

Some raters are precise and attempt to connect the dots, however some raters are uninspired and wont look any further than the lettering on the paper.

I'm not a PTSD claimant, so my knowledge is limited.

However, HADIT has several knowledgeable patrons that will be able to give you further helpful insight.

NEVER GIVE UP

Thanks for your reply.

This RO has ignored so much stuff over the years it is painful.

I believe RATERS are IGNORING the laws, as Courts have stated many times, so in my APPEAL I am "enabling" them to "become aware" of these laws, and to show the Judge how arrogant they are to veterans.

The rules and the law regarding PTSD changed in 2010

Stressor Determinations for Posttraumatic Stress Disorder

Federal Register /Vol. 75, No. 133 /Tuesday, July 13, 2010 /Rules and Regulations 39843

DEPARTMENT OF VETERANS AFFAIRS, FR Part 3 RIN 2900–AN32, AGENCY: Department of Veterans Affairs.

…….‘‘fear of hostile military or terrorist activity’’ means that a veteran experienced, witnessed, or was confronted with

an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity

of the veteran or others,

Regarding EVENTS in STRESSOR DETERMINATION

In addition, an event does not have to be lethal. As provided in the rule, the traumatic event can involve actual or threatened serious injury, as well as death, or a threat to the physical integrity of the veteran or others.

Therefore, if a veteran experienced, witnessed, or was confronted with an event involving actual or threatened death, serious injury, or a threat to the physical integrity of civilians, the event would qualify as a stressor.

From the: July 12, 2010 New Regulations on PTSD Claims

A Veteran will be able to establish the occurrence of an in-service stressor through his or her own

testimony, provided that:

a. the Veteran is diagnosed with PTSD;

b. a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted

confirms that the claimed stressor is adequate to support a PTSD diagnosis;

c. the Veteran's symptoms are related to the claimed stressor; and

d. the claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service and

the record provides no clear and convincing evidence to the contrary.

Edited July 12, 2015 by MartyL16

[USN_HM_VSR]

What was the original reason for denial? Verification of stressors? No diagnosis? When was your claim for PTSD orignally denied?

Did you have any in service MH tx complaints in your records?

[MartyL16]

What was the original reason for denial? Verification of stressors? No diagnosis? When was your claim for PTSD orignally denied?

Did you have any in service MH tx complaints in your records?

I apologize. When I entered this topic, and saw one reply to mine, I just updated my reply back to FAT and now see yours. Thanks for your questions.

Original reason same as above, or no records found from 2004-2005, no help from anyone.

Of course I am claiming PTSD to civilian counselors and they say DEPRESSION, ANXIETY, "loose marbles".

I was on VERY HIGH DOSAGES of PREDNISONE since Sept. 1985 (active duty) for my SC SARCOIDOSIS. I retired in July 1987, still on prednisone but down to 10mg per day. Long term, high dosage prednisone makes you very DEPRESSED, mood swings, anxiety, and a really bad "speed dater".

All of which was listed in my MILITARY Medical records plus the fact that they had to put me ANTI-DEPRESSANTS to counter the PRED. effects.

All my civilian doctors records reflect continuous anti-depressants for depression, anxiety, "no sense of humor", etc. even thru TODAY. The VARO has stated in their "lists of evidence" in ratings back to 2009, they have all my civilian medical records but always ignore them.

Attached to my 11/24/2014 NOD, I again tell them the PROOF of PTSD is, and has been in the VAMC Mental Health records since 2007-2008 plus the 14 page ADDENDUM detailing all 9 STRESSORS, plus other denials that I disagree with.

I also include all those years of VA Mental Health records they say don't exist. More than 100+ pages and if you refer to my original post plus the other reply I just completed, I "cut and paste" the LAW changes these IDIOTS are ignoring regarding PTSD.

In the SOC they admit they received these RECORDS from me but state that these records only "discuss my symptoms". How arrogant is that?

I am sure you realize, I am not medically qualified to diagnose anything, neither is the RO. As courts have ruled now for many years. The claimant asks for what bothers him (or her) using terms that he knows. The VARO, according the VCAA laws, is required to provide medical examination to determine what that ailment, sickness might be and provide compensation for the SC "stuff". This RO where I live, never does follow thru on my "informal claim". Don't you wish you could take all their BONUS checks and put them into a "FUND" to pay for LEGAL assistance.

I joined the USAF in '67, was almost "flu less" for 17 years (I did not say "CLUE LESS"). How come we have to FIGHT for that which we deserve and if it NON-adversarial, why do they need HUNDREDS of LAWYERS who are not our ADVOCATES. After 20, I couldn't run, breathe, think, usually enjoy life. I am in my late 60s and can't put on my socks without help, or go out without my oxygen bottle. Venting------YES.

My years of claiming DEPRESSION, PTSD, periodic BRAIN DEATH should have been resolved less than 27 plus years it took to get me here.

SInce 2009 when the VA "shrink" doubled my 'brain meds' and my civilian doctors can treat the other stuff, my years of research has gotten me here, along with you guys from HADIT. I can repeat a lot of this "stuff" but cannot understand why the VARO will not follow the laws.

Tell me what you think? If I have quoted something wrong, or misunderstood what I have read, used the wrong terms, please CORRECT me, or explain that which would be correct.

I never ramble.......right

Edited July 12, 2015 by MartyL16

[USN_HM_VSR]

Marty,

I'm sorry to hear you had to go through all that and still are having issues with your claims. But you said you claimed depression before in the past? And it was denied?

Okay now if it were my claim I would drop the PTSD claim now. It is actually the more difficult conditions to get SC for unless you have a Combat Medal or have an in service dx from what I've seen.

Now the path of least resistance and the thing that sticks out to me the most is your in service tx for depression and the fact you say the Prednisone side effects are depression.

* You have a link to service your tx for depression

* You have a curren dx/tx for depression/anxiety

Now all you need is a nexus medical opinion to link your current condition to the in service tx/event

Thats not all I would also submit it as a secondary as well to your already SC SARCOIDOSIS.

You can submit it do a VA exam and get two opinions one directly to service and one secondary opinion.

Or take the private DBQ, take your VA MH tx notes to a Psych Doc outside have them do a DBQ and opinions.

[Fat]

_{MartyL16, don't give up.}

_{You seem to be a very educated man with a strong resolve to see this issue thru.}

_{You might have to go over everything with a fine tooth comb and adjust your argument slightly.}

_{I'm impressed with your knowledge of current VA law.}

_{USN HM VSR offers excellent advice.}