ptsd Denied- Simple Error I Can Prove Wrong...help With Best Way Forward

[burn2learn]

Hi All, thanks for any advice!

I have claim for PTSD that was denied. The stressor was not combat related, it happened during the Cold War while I was deployed in a submarine under the artic ice. I gave the VA an approximate date of stressor and was off about 3 months. I was denied only because the submarine was docked at the approximate date I provided in 1991. I have evidence to support the stressor date now in 2/1992. VA acknoleges PTSD just the stressor date is the issue.

I've read about reconsideratiions. But not sure it's a real VA process. I can file NOD...

When denied and you have a simple issue ( improvement on date stressor ).whats the best (fastest) way to get this reviewed? I'm a homeless vet and have that flagged on my claim so it helped a little with speed, but not care or quality. I'm a little disappointed I gave them an approximate date of deployment of 11/1991, and when they pulled my records from the USN they took it as absolute and could not see the deployment in 2//1992.

[Buck52]

burn2,

If you can scan and attach the reason and basis for your denial & put it here on your post

members on hadit could advise you better!

Please black out your name and sssn and any private information that Identifies you.

...................Buck

[Buck52]

The VA always finds reason to be denied & yes since you have a denial you can send NOD.

you have a year on the NOD, You can still ask for reconsideration if its whats best....but we need to know what they stated in your denial.

...................Buck

[Berta]

I've read about reconsideratiions. But not sure it's a real VA process. I can file NOD...

You can certainly file for Reconsideration:



So many of us over the years have filed for Reconsideration that VA finally developed a criteria in M21-1MR for those types of claims.

"I gave the VA an approximate date of stressor and was off about 3 months. I was denied only because the submarine was docked at the approximate date I provided in 1991. I have evidence to support the stressor date now in 2/1992. VA acknoleges PTSD just the stressor date is the issue."

It is unfortunate that dates of stressors can often be difficult to pinpoint, and/or misunderstood by the VA.

Do you have buddy statements or Morning reports that would prove the stressor?

Was this a :"Holy Stone" Operation?

Were you on the USS Baton Rouge? February 1992?

If so ,you sure might not any buddy statements etc....and I can link you to what I found.

But you might already have it too.

Edited July 13, 2015 by Berta

[burn2learn]

"Were you on the USS Baton Rouge? February 1992?

No..same mission, different boat and story. I walked past that boat in Norfolk while it was in dry dock in that timeframe...what a mess.

A scanned not sure how to post. Here is a copy / paste of scan...sorry for format

you reportedan eventon a deploymentto the North Atlantic at a top secretlocation off the coast of the USSRunderthe Atlantic lce while aboardthe USSKey Westin 1991. The recordsfrom the shipslocation carneback to verifu this incident andthe logs indicatethe ship was in port Norfolk, Virginia for upkeepduring fhat time-

We did not find a link betweenyour medical condition andrnilitary service.

3. Serviceconnegtionfor fdzures" grand mnL

Serviceconnectionmay be grantedfor a disability which beganin rnilitary serviceor was caused by someeventor experiencein service.

A disability which beganin serviceor was causedby someeventin sewicemustbe considered "chronic" befbreseryiceconnectioncanbegranted.Althoughthereis arecordof treatmentin servicefor seizures,grandmal, no permanentresidualor chronic disability subjectto service connectionisshownty theservicemedicalrecordsordemonstratedbyevidencefollowing service.Therefore,serviceconnectionfor seizures,grandmal is denied.

The evidencedoesnot showa currentdiagnoseddisabilify. 4. En6tlement tq nonservice-connectedpension.

The Deparffnentof VeteranAffairs grantsnonservice-connectedpensionto veteranswho have
a permanentdisability that preventsthem from securingand maintaining substantiallygainful employment.T[e havedeterminedyou aredisableddueto your left elbow strain , but you do
not haveapermanentandtotal disability, which is generallyrequiredfor nonservice-cotulected pension.A permanentandtotal disability existsif you havea singledisability ratedat 60 percent ormore,ortwoormoredisabilitiesth'athaveacombinedratingof 70percentwith atleastone disabitity ratedat 40 percen! andyou areunableto follow a substantiallygainful occupation

asaresultofyourdisability.Disability ratingsarenotadditive,meaningthatwedonotsimply addthe disability ratingsfor your disabilities to reacha $umtotal. Instead,we considerhow a person'soverallabitity is affectedfirst by themostdisablingconditionandthenby theother, iessdisablingcondition.Wethenroundthecombinedpercentagetothenearest10%-Wealso consideredyour disability with other factorssuchasyour age,andeducationalandoccupational backgroundto determinewhetheryou areunemployableasaresultof your disability under

the eiception to the rating requiroments.However, we determinedthat you arenot entitled to pension.

[burn2learn]

My proof is from this link, it shows the deployment history of the U.S. Key west. The key dates for me are the dock in holy loc Scotland ( disappear) then show up in Norway. I also have a copy of my performance review that talks about my performance while on deployment in this period....pretty solid...I was there.

I don't have buddy statements,

http://www.uscarriers.net/ssn722history.htm

From Feb. 7 through June 10, 1992, the Key West was deployed to northern Atlantic. Port calls to Holy Loch, Sctotland (Feb. 18); Bergen, Norway, (April 13-17); Rotterdam, Netherlands, (April 20-24); Brest, France, (April 27-30); and Port Canaveral, Fla., (June 1-3). Participated in French National Exercise SUROITNORMINEX '92 from May 13-22.

Edited July 13, 2015 by burn2learn

[Gastone]

No such thing as easy to prove, when it comes to SC claims.

The "Official Request for Reconsideration of a Recent Denial" is supposed to be Recognised by the VA. However, requesting it, does not stop the 1 yr count down for filing your NOD.

Keep in mind, any New & Material Evidence supporting your recent Denied issue, received by the VA post Denial; should trigger the VARO Automatic Review of your claim. This review is conducted by a VA Sr Rater or actual DRO, giving Deference to the original Rater's Decision.

No matter what you decide to do, don't let the NOD Clock Run Down snd allow your Denial Decision to become FINAL.

PTSD from Cold War Era and your just getting around to filing?? Why the wait?

Semper Fi

Gastone