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Feeling screwed

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Black3018

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I was denied for my fully developed PTSD claim as being not service related. I went to the DAV to file my appeal but they suggested I get treatment and counseling first to establish a paper trail and to get evidence of service connection. After about 6 months of treatment I went to file my appeal. They said to do the reconsideration based on new evidence ( treatment notes and a letter from my VA therapist plus copies of my Purple Heart award) and file a NOD at the same time. In mid March a representative of the VA called and said that reconsideration can go through but i have to drop the nod. I dropped it and I've had a new c&p exam on April 8 and it's still in the gathering evidence phase. My appeal time is over may 25th. After doing more research on my own I discovered that a reconsideration doesn't exist in the VA and I'm pissed at myself for listening to the DAV. Will This be considered a new claim or will my original date of 2-24-15 still be there? I'm also thinking I should file my NOD to preserve my original date but not sure what this will do to my reconsideration. Any advice would be helpful. 

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  • HadIt.com Elder

Can you put your denial on here?  ''WHAT WE DECIDED'' cover all your private info   name and SS #

If we can see what they based your denial on we all can help you better

 & you having your records of award of your PH & records of your deployment to fallujah how can they say your claim is not Service Related...That's Ridiculous.

 

jmo

...........................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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I'm at work right now and will try to do it when I get home. From memory it stated that there wasn't enough evidence in my records and the case was decided 2 days after my first c&p for PTSD. 

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  • HadIt.com Elder

If you have most of your SMR'S and your PH award  COMBAT BADGE having those  it is not required you prove your stressor's  just a Dr stating you have PTSD from past military service...TYhe VA MH PTSD Diagnose is good.

The C&P EXAM should have all this when you went to it  and if VA Had the exam report in just 2 days I'd say something is up with that.   even if it was done at your VA  iT TAKES THE EXAMINER LONGER THAN THAT TO WRITE UP HIS /HER REPORT. AND READ ALL YOUR RECORDS

Yes when you get time please post your denial.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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It was done by qtc and I had my exam on May 23 and a decision on May 25. The examiner said that she didn't have my records and I then had to have the VA resend my letter because it got lost in the mail. That wasted almost 2 months. Will filing the NOD screw up the process more?  The latest c&p was at the va center I go to therapy at and they had all my records (according to them). They also had access to over 9 months of therapy notes as well

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  • HadIt.com Elder

Call your RO let them know the C&P Exam you had on MAY 23 The examiner didn't have your records.

but you should have already file the NOD? f you did  you just have until next month on the 23rd  your NOD runs out of time...so do this ASAP

what letter are you meaning the VA SENT AND WAS LOST IN THE MAIL?

If you have no proof  then VA Considers it never happen.

they get veterans with this lost in the mail BS

Always get the green card....for your proof.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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