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.

[burn2learn]

Thank you on the info Gastone. I understand the NOD requirements, and yeah I know simple and VA don't belong in the same sentence.

I just started searching the forum on how to complete a ROR, not sure of the right form to request or submit new evidence. Im lucky (as you can be) I live 30 miles from the VARO, I plan to personally go and submit.

I have one thing working for me (supposedly), I'm homeless and flagged for it in the system, so any fast lane that might exist, I may be able to take advantage of it. I know enough to keep my VA system expectations very low...although my health care has been very good and the people are good, can't complain

Edited July 13, 2015 by burn2learn

[FormerMember]

One thing most Vets ignore is that you have a year to file the NOD from the date of initial denial. A rush to file it guarantees a long wait-something a homeless person can ill afford financially. The proper method to solve this is to take all the evidence showing the correct time of your deployment to the VARO and sit down with the rater who made the initial decision. You have the ability to correct the problem without beginning a substantive appeal. Appeals are a last resort when it becomes an issue of case or controversy over the evidence of record or an interpretation of 38 USC/38 CFR. Here, it is merely a defect that can be cured by introducing the right info.

You have created a time disparity that tends to show you are not a reliable witness. You need to immediately show them the error. They will promptly (in VA time) correct the decision to comport with the new information. You do not need to file a NOD or ask for a DRO review. You have a year to fix this without resort to appealing and chances of getting it straightened out sooner are far better right now. If the decision is "fresh", they tend to want to complete it promptly. If you file the NOD, it heads to the back burner for 16 months. Being homeless merely cuts that in half.

I had the same thing happen to someone I helped. A Vietnam Vet cited his stressor of an attack and the firebase being overrun during the monsoon in May 1967. The problem was obvious. Monsoon begins in September and ends about January-February. He lost and didn't appeal. When he reopened in 2008, we caught the error and he won. Unfortunately, VA was unwilling to grant his earlier date due to the prior failure to appeal.

Many is the time that classified missions are not accessible to ascertain dates like this. The repair order is attached below. Use it if necessary. If it was during peacetime service and more that 20 years ago, chances are it's been declassified. If I were you, I'd be anally compulsive about making sure of the date this time. A buddy letter would not be necessary as the Navy knows where every one of it's boats were on any given day. Put yourself in the right place at the correct time and let them confirm it pronto. If they are taking too long and endangering your one year window to file the NOD, then and only then would you be forced to file it to protect your claim.

Best of luck, sir.

VA Special Ops document.pdf

Edited July 13, 2015 by asknod

[burn2learn]

"The proper method to solve this is to take all the evidence showing the correct time of your deployment to the VARO and sit down with the rater who made the initial decision. You have the ability to correct the problem without beginning a substantive appeal."

I like this approach. It takes me some effort to get to the VARO although close (transportation, print capability of docs, ect), I want to show up prepared. Ive been a few times in Phoenix and speak to the reps downstairs. The raters are somewhere on another floor, Ive never spoke to one. Can I just ask to see the rater that worked my claim? I believe in face to face, solving issues on the lowest level. I think my information to the rater would be good. I just never knew I could interact with the rater.

Baton Rouge went bump in the night...I saw this up close...

Edited July 13, 2015 by burn2learn

[Berta]

"VA acknoleges PTSD just the stressor date is the issue."

Do you mean you had a MH C & P exam and/or VA treatment records in which VA diagnosed you with PTSD?

Regardless of when it occurred,although that can be narrowed down, it still has to be proven.

Maybe these links here will help you

[burn2learn]

Yes I have PTSD c&p exam to support PTSD, I also spent time inpatient at VA for PTSD. All agree and diagnose me with PTSD, that's not the issue. The rater just needed to tie my stressor to and event. I was not combat related ( Cold War) so they just checked if my sub was at sea when I indicate the stressor occurred. I gave an approximate date that was off 3 months, they used the approximate date to literally

I have va domiciliary dr diagnose me with Cronic PTSD, I have a c&p exam indicating I have PTSD. Va docs are on hand and not an issue. Confirmation of stressor is the issue. I was told that confirmation was not required but mine is not combat related so maybe has to be Confirmed.

I was at sea I'm a top secret location, so I omly need to prove the boat was at sea and I was on it. The location will never be disclosed. I got that info.

Edited July 13, 2015 by burn2learn

[Notorious Kelly]

My heart is with you in your homeless struggle Burn - I hope you're taking advantage of any and all social and vet assistance available (which I know can be piecemeal).

Please post any difficulties you're encountering with your attempt to climb out of The Hole and maybe we can help.