ptsd Need help on continuation of my PTSD claim

[MudHugger71]

Gonna try to make this short as possible.

I'm in need of pointer's on the " proper sequence or arm myself w/ the right ammo! THANK YOU!

1. My claim was FUBARD BY two VSO's. First VSO, she didn't fax the attachment. Second VSO seemed knowledgeable But, I figured out on my own that he uses old forms " which makes the VA people puke. In the end, he went narcissistic on me. Third one said, " too much paper work!

2. The POA said that she'll take care of my PTSD claim after I get the rest of my records from St. Louis.  (which I'll be getting really soon according to the NPRC). And what do u guys think about...that the 3rd VSO said " Too much paperwork ".

3. Since I've researching all this stuff now, I backed off my claim, I havn't done an appeal/ NOD.  Still trying to figure out the order/"best-sequence" of things to con't with this. DAMN! I love a good fight, but a super-soaker to a " gun fight " LOL.

Like toddt said-  " be your own advocate  - Get smart on things -  Use the heck out of this site, use other reference sites such as the Board of Veteran's Appeals site and get smart on what is needed to support your claim".

Most importantly. I APPRECIATE EVERYBODY'S help ON HERE!!!

 

 

 

 

 

 

Edited April 10, 2016 by MudHugger71
got rid of uploaded files

[broncovet]

Mudhugger:

Lets review:

1.  You apparently have a PTSD diagnosis.  (Part one of big 3)

2.  You need an inservice event or aggravation. (called stressor for PTSD)  (Part 2 of big 3).  Apparently the docs statement that your 
"PTSD was secondary to blanket party" was insufficient to suit the decision maker.

3.  Dont forget the "nexus" statement that links your diagnosis to the in service event.  

    I recommend:  

a) fax, or remail your stessor, along with a statement you wish to reopen due to N and M evidence, noting it was not included per the decision.  

b)  If your "stressor letter" is insufficient, you may need an IMO/IME to document the stressor.  Now, here is the crazy part:  If you notice in the criteria for PTSD, this diagnoses seems to indicate a "stressor".  Other things could stress which are not related to military, but rememeber you have a VA docs PTSD diagnosis, so this indicates the doc is convinced you have a stressor.. 

  But your doc did not state that, or stated that poorly in that "PTSD secondary to blanket party" is insufficient.  He should have said the blanket party is the stressor in that you woke up to blood.  

[MudHugger71]

8 hours ago, broncovet said:

Mudhugger:

Lets review:

1.  You apparently have a PTSD diagnosis.  (Part one of big 3)

2.  You need an inservice event or aggravation. (called stressor for PTSD)  (Part 2 of big 3).  Apparently the docs statement that your 
"PTSD was secondary to blanket party" was insufficient to suit the decision maker.

3.  Dont forget the "nexus" statement that links your diagnosis to the in service event.  

    I recommend:  

a) fax, or remail your stessor, along with a statement you wish to reopen due to N and M evidence, noting it was not included per the decision.  

b)  If your "stressor letter" is insufficient, you may need an IMO/IME to document the stressor.  Now, here is the crazy part:  If you notice in the criteria for PTSD, this diagnoses seems to indicate a "stressor".  Other things could stress which are not related to military, but rememeber you have a VA docs PTSD diagnosis, so this indicates the doc is convinced you have a stressor.. 

  But your doc did not state that, or stated that poorly in that "PTSD secondary to blanket party" is insufficient.  He should have said the blanket party is the stressor in that you woke up to blood.  

The RX's statement : "PTSD was secondary to blanket party" 

(resulted from me engaging them over an assault on a homeless couple in NY - the man was a Vietnam Veteran (Dan yang) - & this the way the two idiots were preventing me from ratting them out)
   

 

PTSD diagnosis was assessed after the claim was  done. My psych doctor did some evaluation " ?? " something or other. What the heck was that?
   
The stressor statement(s), that was suppose to be sent in the Second fax,  some how only one was received and the second must have been misplaced or lost. TYPICAL. The second page which had details as to dates, names, etc on it. Which " Berta mentioned.
   The Article 15 and the rest of my decline in performance and other factors documentation should be in my personal records. Right?  
Which I will be having in my possession shortly. " Hopefully " NPRC won't fuabar my records order.
    I'll know by Monday or Tuesday of next week if  "it's in there".  Just like the spaghetti commercial back in the day.  " IT'S IN THERE!" Lol.
 
 I still cant wrap my head around the idea that " why didn't any of the VSO's mention to me that I should get all personal records and c-file  before filing?" Would've saved allot of headache.
    
In regards to the "nexus" statement that links your diagnosis to the in service event, I've heard that the VA RX's don't/wont make one out for the veterans. What should I do then?
In regards to " Reconsideration Letter  " ....I've read that to stay away from it. Instead make out a letter with list of - who, what, where, when, and how. Is this correct?
In regards to " Reconsideration Letter", isn't that the same thing as to what I'm asking in the above line?   (statement of " new and material evidence")

BTW.  
My counselor stated This Veteran was seen for 55 minutes of individual counseling. Service connected for Service Connected: 10%: IMPAIRED HEARING (0% SC);
TINNITUS (10% SC). Veteran is diagnosed with and seen for treatment of Major
Depressive Disorder and OCD.

Steps: " To Make Things Happen "  (in regards to my Ptsd claim)

1. )   Obtain " The Article 15 and decline in performance"  documentations because of the assault       ....and constant fighting (protecting myself from two individuals which in turn took away my military career and one of the reasons I couldn't a job anywhere for yrs).

 

2. )   Sworn Declaration Form/ AKA Lay Evidence
  (if I can't obtain the Article 15 and decline in performance"  documentations)The sworn declaration – according to 28 USC § 1746 – carries the same weight as a notarized affidavit is what I've read

 

3.)    "nexus" statement (psych doctor)

 

4. )   fax "second page" (of course) &  highlight certain "portent" facts on certain documents (draw the attention too)5. )   NOD (VA claim papers mentioned it is necessary?)

 

5.)    putting any and all "NME" together  (is this for a DRO Appeal?) vs  need "NME" for the BVA Appeal?

 

 

6.)   Submit VBA-21-526EZ-ARE file separate for MDD ?

 

7.)   VA Form 21-0781a

 

 

Can some, if not all, be uploaded to ebennie site?

All I want to do is to get my issues squared away ASAP.  Some are getting worse than others. After so many yrs,  they're almost equally the same.  Just wanna get this over with so I can afford an outpatient Derm and some serious dental (bruxism)help. Tired of the SC RSS (awefull skin condition) &  the dental game.

 

[TALON II FE]

You can load anything you want on ebennies with an open claim.  I would recommend that you both upload and send it with a green tracking slip to the appropriate intake center.

 

"3.)    "nexus" statement (psych doctor)"

THIS IS YOUR #1 PRIORITY!  Without this, none of the other items matter.  You need a Nexus and you will probably need to pay for it.  I am not a 'Nexus Expert', I served over 20 years with 2K in SMR's, so no Nexus issues, but I know enough to know that should be your priority.  Your best line of attack is to work as many items concurrently as you can, but getting an appointment with a Doc willing to write a Nexus for you should be numero uno on your to do list..

[broncovet]

Dot's right.  You will drive yourself crazy if you rely upon an unreliable ebenefits.

That decision maker decided that "Ptsd is secondary to blanket party" is insufficient as a nexus.  They want them in the form of "PTSD is at least as likely as not due to a blanket party while in military service".  

They teach GS7 rating specialists to "deny" anything that does not say pretty much that.  And, they wont connect the dots between "PTSD is secondary to a blanket party", even tho we know that is what they meant.  

In order to get your benefits you need a clarified nexus statement similar to the one I mentioned.  

You can either ask your doc to clarify (he might), or else you will have to get a new doc.  

"New and material evidence (NME) reopens the claim, per 38 CFR 3.156.  Its not the same as an appeal.  

[MudHugger71]

7 hours ago, broncovet said:

Dot's right.  You will drive yourself crazy if you rely upon an unreliable ebenefits.

That decision maker decided that "Ptsd is secondary to blanket party" is insufficient as a nexus.  They want them in the form of "PTSD is at least as likely as not due to a blanket party while in military service".  

They teach GS7 rating specialists to "deny" anything that does not say pretty much that.  And, they wont connect the dots between "PTSD is secondary to a blanket party", even tho we know that is what they meant.  

In order to get your benefits you need a clarified nexus statement similar to the one I mentioned.  

You can either ask your doc to clarify (he might), or else you will have to get a new doc.  

"New and material evidence (NME) reopens the claim, per 38 CFR 3.156.  Its not the same as an appeal.  

Thanks brother! And thanks to everybody else. I'll go this route. I'll update my progress as I go. Thanks again. :)