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.

[Fat]

I agree with AskNod.

Visit the Regional Office and see if you can get a sit down meeting.

You are close, but further work is needed.

NEVER GIVE UP

[burn2learn]

I made it to the Phoenix VARO today and asked about the Reconsideration process. I submitted a 21-526EZ and new evidence. They were very helpful i like working with a guy named Dennis in that office. He guessed it will take 5 months or so, faster than appeal for sure. Also had the paperwork to request "C" file but was advised to wait on requesting it (they are using it, if I request they pack it up and ship to St Louis to copy and end out, then send back to VARO) I would be delaying my reconsideration.

Thanks for all the advice.

[FormerMember]

If you are certifiably homeless, VA has to give you the ultimate priority. At worst, that would be 90 days. It's the law.

[burn2learn]

I'm flagged homeless. "Certified" by the va ...great....sad...I hate Labels. They offered to setup me up in their program at a place in Phoenix for homeless....but just visiting made me run. I'd rather live in the woods. Not safe in my eyes ( I fight many demons. While they promote sober and safe environments my time spent in-patient at a domiciliary tells me otherwise)

The longest wait time for the initial claim was as I understand out of control of the VA. They have to request information from the USN. I took it they can't control the response time of the USN, there are things in their control and others where they rely on others that are not.

I've never used a vso or lawyer maybe time I should I might be more awear of these details, my initial claim would have been more exact on the stressor date.

Edited July 15, 2015 by burn2learn

[burn2learn]

Asknod - Can you point me to the law requirement. Where can I read about it?

[burn2learn]

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.

Please don't feel sad for me, Its a choice I chose. I had a bad week this last week. I had a job lead that paid $70/hr. My mind went from hopelessness to grand thoughts....wild swings not good for me. The job was mine, I know the hiring manager. I did not get it because I failed background checks. I had a divorce in 2012 that I didn't handle well, I had 2 back to back dui's I was broken at the time. Thats why Failed the checks, even though I disclosed them

The same week I got the denial from the VA, I was broken. It took me about two days of being flattened but I slowly got up and now fighting again. I have capabilities, I'm scared, even If I got that job, Id be scared. $150k / year....Im capable. I know in my heart I just chose to stay away from things and live my lifestyle right now. Someday I may change, This job came out of the blue, I wasn't looking for it, it found me. But even though I didn't get it, it gave me hope and to reconsider my situation, I had given up to some extent.....it told me not yet you still have fight.

So from that news gave me the courage to investigate the ROR. Im at peace and living exactly as I want for now. I have a huge debt and was hoping for VA closure...it didn't happen. So from there., it now looks like bankruptcy, extended camping. I think Im ok.

Im rambling but reflecting on my VA visit today. A few things are rattling in my head.

1. Its easier to deny than approve

2. The VA has timeframes they are trying to meet, they will sacrifice quality to hit metrics I had 2 instances that reenforced this,

A. Initially they were going to do a partial decision on the minor portion of my claim and defer the major portion. Key evidence I stated, they never requested docs from my Dr, and for the USN never followed up to get. ...so decided to make a decision wo this info. Sad. They were clearly just trying to hit a metric

B. I gave them a approximate date for my stressor ( I was off 90 days) they took my approximate date as literal and did not even look in a window of time around that date.

When I spoke to the VA rep today I was taken back by their opinion but since Im interested in the final result ignored my feelings. They said to applozie for my incorrect approximate date on my 21-0781 and please reconsider based on new evidence. I know the person was just helping (telling me to connect the dots and spell out the story so a monkey could follow). But that defense of the rater applying no effort to just look at a window around the approximate date irks me.

Im sorry all just very emotional, I needed this to come thru and thought it was a done deal. I was more worried that my direct deposit info was not shown on ebenefits than the thought of denial .Im still in the recoup mindset and recovery / response.

Im off camping for awhile so limited access.

Edited July 15, 2015 by burn2learn