ptsd 9/11 PTSD - Not Service Connected

[R762]

Are there any other Veterans on here that were at the Pentagon 9/11-9/30 for search and rescue/recovery? I was denied PTSD in 2005 (VA said it wasn't service connected), I appealed it, but never received a letter that the appeal was denied, at that point I said f-it and gave up on the VA. I created an ebenefits account recently (December 2015) and it says that appeal decision (denied) was made in March 2006. I am still having issues. I am reopening the claim for PTSD. I have the VA ROI from 2005 that shows all the VA Psychologist and LCSW notes on file chronic PTSD and GAF:40. I was going to that VA clinic 2004-2006. went back in 2009 to get prescription for nightmares and flashbacks. shit is still not going away.

[Berta]

 "He was surprised that the compensation ruling was denied back then."  You bet. I am stunned by the denial."He said he would look and call me back asap.

Here lies my understanding (please let me know if this is correct):

1. If the mil. medical report is not on file, my paper work would be "new evidence".

2. IF the mil. med. report IS in their files, would this be CUE?"

 

1. yes

2. Yes too or basis for a 38 CFR 3.156 claim....or both....

If that older denial shows they received your inservice records , it means they didn't know how to read them or maybe that form was in their possession and they ignored it.

If a vet says the wife pays the bills, they are quick to decide the vet is incompetent. You know as well as I do that wives all over the country handle the bills and probably even a C & P doc's spouse could probably pay all their bills as well, but for PTSD claims, that could led to a finding of incompetence.

I am sure you discuss the bills before your wife pays them and certainly you have probably directly paid some bills your self.

But since you are still employed they probably will not even suggest competency on the C & P exam, as this is not a TDIU claim.

I just don't trust the b--turds ,so  just keep this in mind if at some point you apply for TDIU, because you can no longer work.

Their response to the re -open will determine what they had as evidence when they denied.

They could even realize they did have that paperwork form when you filed the past claim and even call a cue on themselves as to the past denial.

That would be great!

I hope the regional office man calls you back......with more info

 

 

 

[R762]

On 4/14/2016 at 9:44 AM, Berta said:

 "He was surprised that the compensation ruling was denied back then."  You bet. I am stunned by the denial."He said he would look and call me back asap.

Here lies my understanding (please let me know if this is correct):

1. If the mil. medical report is not on file, my paper work would be "new evidence".

2. IF the mil. med. report IS in their files, would this be CUE?"

 

1. yes

2. Yes too or basis for a 38 CFR 3.156 claim....or both....

If that older denial shows they received your inservice records , it means they didn't know how to read them or maybe that form was in their possession and they ignored it.

If a vet says the wife pays the bills, they are quick to decide the vet is incompetent. You know as well as I do that wives all over the country handle the bills and probably even a C & P doc's spouse could probably pay all their bills as well, but for PTSD claims, that could led to a finding of incompetence.

I am sure you discuss the bills before your wife pays them and certainly you have probably directly paid some bills your self.

But since you are still employed they probably will not even suggest competency on the C & P exam, as this is not a TDIU claim.

I just don't trust the b--turds ,so  just keep this in mind if at some point you apply for TDIU, because you can no longer work.

Their response to the re -open will determine what they had as evidence when they denied.

They could even realize they did have that paperwork form when you filed the past claim and even call a cue on themselves as to the past denial.

That would be great!

I hope the regional office man calls you back......with more info

 

 

 

No call back from the regional office.

Edited April 18, 2016 by R762

[R762]

On April 14, 2016 at 9:44 AM, Berta said:

 "He was surprised that the compensation ruling was denied back then."  You bet. I am stunned by the denial."He said he would look and call me back asap.

Here lies my understanding (please let me know if this is correct):

1. If the mil. medical report is not on file, my paper work would be "new evidence".

2. IF the mil. med. report IS in their files, would this be CUE?"

 

1. yes

2. Yes too or basis for a 38 CFR 3.156 claim....or both....

If that older denial shows they received your inservice records , it means they didn't know how to read them or maybe that form was in their possession and they ignored it.

If a vet says the wife pays the bills, they are quick to decide the vet is incompetent. You know as well as I do that wives all over the country handle the bills and probably even a C & P doc's spouse could probably pay all their bills as well, but for PTSD claims, that could led to a finding of incompetence.

I am sure you discuss the bills before your wife pays them and certainly you have probably directly paid some bills your self.

But since you are still employed they probably will not even suggest competency on the C & P exam, as this is not a TDIU claim.

I just don't trust the b--turds ,so  just keep this in mind if at some point you apply for TDIU, because you can no longer work.

Their response to the re -open will determine what they had as evidence when they denied.

They could even realize they did have that paperwork form when you filed the past claim and even call a cue on themselves as to the past denial.

That would be great!

I hope the regional office man calls you back......with more info

 

 

 

I just checked eBenefits and it has me marked at 50% PTSD, my total Disability is 60% now.

My battle buddies are telling me that I should be at least 70%

also, the DAV rep said that I wouldn't have had a C&P exam if the VA originally verified the stressor (which as far as I understand), they never verified it, and I was denied; to which I appealed and it said stressor not verified. Since it is now verified, this time with a bunch of buddy statements, private practice counseling letter, and my medals with recommendations as proof, would my case be applicable for retroactive pay? 

[Berta]

They will give you retro back to the date of this re-open, but they could have made an error in the older decision and you could claim that as CUE or under 38 CFR 3.156......hard to say yet....

Congrats ion the award. If you can scan and attach the Reason and Bases Part and Evidence here of both the older denial for PTSD and the new award when it comes, we can help figure out if they owe you more cash...

"the DAV rep said that I wouldn't have had a C&P exam if the VA originally verified the stressor"...I think he is wrong on that but others will chime in... 

 

cover C file # prior to scanning it....

The foot is in the door now!!!!!

[R762]

On 5/16/2016 at 3:47 AM, Berta said:

They will give you retro back to the date of this re-open, but they could have made an error in the older decision and you could claim that as CUE or under 38 CFR 3.156......hard to say yet....

Congrats ion the award. If you can scan and attach the Reason and Bases Part and Evidence here of both the older denial for PTSD and the new award when it comes, we can help figure out if they owe you more cash...

"the DAV rep said that I wouldn't have had a C&P exam if the VA originally verified the stressor"...I think he is wrong on that but others will chime in... 

 

cover C file # prior to scanning it....

The foot is in the door now!!!!!

The DAV rep I was going through is not there anymore... I figured he was ignoring me. I am about to pull my POA and pass it to Nevada Department of Veteran Services. I received a call from Congressmen Amodei's office yesterday (08JUN16) and they are more than helpful, His staff is on point. She suggested I get in contact with NDVS. FYI, I received in the mail the decision last month. I will be appealing the effective date.

To all that have commented, Thank you for sharing your knowledge and experience via Hadit.com.

[TSmith1974]

On 4/11/2016 at 3:52 PM, R762 said:

Are there any other Veterans on here that were at the Pentagon 9/11-9/30 for search and rescue/recovery? I was denied PTSD in 2005 (VA said it wasn't service connected), I appealed it, but never received a letter that the appeal was denied, at that point I said f-it and gave up on the VA. I created an ebenefits account recently (December 2015) and it says that appeal decision (denied) was made in March 2006. I am still having issues. I am reopening the claim for PTSD. I have the VA ROI from 2005 that shows all the VA Psychologist and LCSW notes on file chronic PTSD and GAF:40. I was going to that VA clinic 2004-2006. went back in 2009 to get prescription for nightmares and flashbacks. shit is still not going away.

I was there for 9 days with Honor Guard Company (The Old Guard), pulling body parts out and pulling security in the corridors and on the roof.   We saw some pretty gruesome stuff and even had our asbestos alarms going off before we entered the Pentagon.   The VA gave me 10% with no pay.   Thinking about filing for an increase.   Should have done it years ago.