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

[MartyL16]

After you have received the last SOC (or SSOC) and are finished toying with the gomers at your local RO, you then have to file the VA 9.(but not at the BVA). Your appeal cannot move to DC without it. My favorite trick is to save some zinger, some incredible piece of evidence, that, when added to the claim at the BVA, tips the scales. This keeps it out of the VARO denial machine. No rebuttal equals a more equitable playing field with only your opinion as the salient item. That's appeals 101.

A VAF 8 is a certification form that everything was done legally and the preparations for the necktie party in DC are ready. It is stapled to the top of a cfile and sent to 810 Yellow Brick Lane NW. In this .pdf world we inhabit now, it is merged into the c-file. I have one somewhere if you want to see what it looks like.

I like your appeals 101 info.

Ok, the form 9 will have the items denied, the reason they are wrong with T38 and cites BUT will be the very "short" versions of my defense. My "big deal" items are that the DRO denied about 10 items, withOUT a formal Rating Examination.

They scheduled 4 exams I couldn't get rescheduled so I submitted a verbal excuse to the call center 3 days before the 1st appt. that the DRO listed as evidence but also said I had no "just cause". My medical excuse was I was having a VERTIGO event that lasted 9 months, from my SC Cervical stenosis. I was about 2 months into the VERTIGO when the appts. were scheduled. My doctor had already sent a PERMANENT waiver for Jury Duty that I had been notified of a month earlier. I have med. records, prescription records but "they" just "went their merry way". I had also sent a list of my doctors, years of treatment, specialty just prior to the video conference (also listed in evidence) and they sent me DBQs that the Amer.Legion said I requested. (I didn't). I was hoping the AL would get the DRO to reschedule the appointments(if needed) at a date TBD, use my doctor list to request records from these doctors (with signed releases by me) as I asked to AL to accomplish in my behalf. Anyway, I mentioned these laws (listed here) but everyone ignored them. Maybe the BVA won't:

Here is one: (my attempt to shed light on VCAA FAILURE) DEPARTMENT OF VETERANS AFFAIRS, Veterans Benefits Administration, Washington, D.C. 20420, September 16, 2008, Director (00/21), All VA Regional Offices and Centers, Fast Letter 08-26, SUBJECT: Vazquez-Flores v. Peake and New Veterans Claims Assistance Act, (VCAA) Notification Requirements

Another: (since 2009, no examiner looked at PRIOR exams, records, etc.) Rating Examiner: The examiners should have all pertinent medical records available for review, and the results of prior examinations must be carefully coordinated so that a comprehensive assessment with respect to the impact of the veteran's disabilities may be ascertained. Physician's Guide for Disability Evaluation Examinations (IB II-56), Section 1.8 (1985).

Another: (trying to reschedule 4 rating appts) Department of Veterans Affairs, VHA DIRECTIVE 1046, Veterans Health Administration Transmittal Sheet, Washington, DC 20420 April 23, 2014, DISABILITY EXAMINATIONS, (4) Addressing disability examination requests as follows: (d) If an in-person examination is to be conducted, the VA medical facility staff is responsible for scheduling the examination in a manner most accommodating, when feasible, to the examinee

Another: 38 CFR Sec. 3.655, TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF, CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS, PART 3—ADJUDICATION, Subpart A— Pension, Compensation, and Dependency and Indemnity Compensation, Sec. 3.655 Failure to report for Department of Veterans Affairs examination, (a) General. (My "JUST CAUSE" claim) “Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, death of an immediate family member, etc.

Another: (my PTSD Claim New/Material) from VHA DIRECTIVE 1046 dated: April 23, 2014, 38 CFR 3.156 - New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decision makers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

© Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

That is enough for now. I have much more. See what happens when "someone" locks me in a 'dark, cold, room', with food, water, a computer with high-speed internet.

Edited July 15, 2015 by MartyL16