ptsd Too Broad Mental Hygene Claim?

[reelnrod]

I found out in 2005 I had issues, and assumed they were just depression. After a lot of group therapy I decided to file a claim for it. The VA denied the claim, but suggested I had been treated and diagnosed with a differently named mental condition (I used the wrong name). Upon receiving my medical records I learned I was diagnosed with “adjustment disorder with signs of stress.” Over the years VA labeled me with a lot of mental issues, so I filed a new claim for non-combat PTSD, Chronic Adjustment Disorder, Anxiety, Acquired Psychiatric Condition, and TDIU. The reason for TDIU is because I was granted a non-service-connected pension, and lived on this meager amount until SSDI benefits were granted. Currently I am 10% service connected and for purpose of pension the VA rated other conditions at a totality od 90% to grant the NSC Pension. NEXT: I selected on eBenefits to “decide claim now” the rationale was I had a Nexus Letter, Military treatment records indicating adjustment disorder with signs of stress, and VA records. QUESTION: eBenefits changed status a few times, after the C & P I feel the examiner rushed me and did not give full consideration of everything; impossible to do in one hour. The claim was filed September 2014 indicating a decision to be made between September 2015 and March 2016. Needed from me 1 with a green dot; needed from others Birmingham VA with a red dot and due date 9/18/2015. Can anyone look into a crystal ball and let me know what to expect? I filed the claim with no help, but later joined the American Legion. The service officer said I made a mess of the claim and to never-never-never communicate with VA without going through him. Am I screwed?

[reelnrod]

https://www.dropbox.com/s/vzakq0u0cnjrekz/rated_pending.pdf?dl=0

Drop Box link to what I see on eBenefits.

[reelnrod]

https://www.dropbox.com/s/vzakq0u0cnjrekz/rated_pending.pdf?dl=0

 

Drop Box link to what I see on eBenefits.

Checked eBenefits today and it said pending decision approval; notification letter sent. It went back and forth from preparation  for decision to gathering of evidence a few times, and now hopefully this means I was rated pending approval.

 

[reelnrod]

Pete, I know that happened as you said, to many.

 

I wonder if the Hagel Memo would apply to this veteran ,although that was specifally for Vietnam Vets I think, who got bad paper discharges or PD diagnosis.

 

I think this vet can turn this all around ...if the SSDI is solely for the claimed SCs, he should apply for TDIU.

 

I cant copy and paste links here (got new PC yesterday and trying to figure it all out) -

 

The Hagel Memo is here....could help others if not this vet.

 

Can someone here find it and post the hadit link to it?

 

Thanks

eBenefits indicated claim complete today 8/20/2015 notification of decision -or- award sent U. S. Mail; no other information under any tabs indicate award Ab8 or Letter of proof of benefits still says 10% and the amount effective as of last month of last year; as always. I will keep everyone posted when package arrives.

[reelnrod]

eBenefits indicated claim complete today 8/20/2015 notification of decision -or- award sent U. S. Mail; no other information under any tabs indicate award Ab8 or Letter of proof of benefits still says 10% and the amount effective as of last month of last year; as always. I will keep everyone posted when package arrives.

Berta Well, the big envelope came and it was bad news. I filed myself using VBA findings etc... My county Veterans service office is not effective as an advocate, and frankly I felt I knew more than they did considering they claim to have no knowledge of this site. I joined the Legion, and quickly learned "this claim is a mess!" That service officer has not got with me since getting the denial almost a month ago. I cannot understand how the Navy diagnosed adjustment disorder with signs of stress, VA notes support the military diagnosis, and a had a nexus letter from a psychiatrist stating that my condition "more likely than not" was more likely than not related to the Military diagnosis.

 Can one appeal "de jure" meaning as a mattaer of law RE: previous VBA remands allow such? Really confused with access to much help.

[Berta]

Can you scan and post the Reasons and Bases part of the decision here, and include the Evidence List?

Cover your C file#,name and address prior to scanning it.

Based on what evidence you had I am surprised they denied the claim.

Do you now receive SSDI solely for the adjustment disorder?