ptsd Feeling screwed

[Black3018]

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. 

[ArNG11]

I understand your folks frustrations, as I have been, still am, and probably will be, in the same boat.  You have to really prioritize and choose your battles, your strategies,and your countermeasures.  However most importantly though is knowing when to step out, this process is very consuming, the process takes a lot out of you.  Anyone on this forum can attest to that fact.  I am not discouraging anyone from fighting for what they are rightfully entitled to by no means, however, be careful not to let the process define and erode the strong caring individual that you are.  If you let that happen, what have you gained, even more importantly what have you lost?

Frankly I am guilty of this myself, I'm stubborn and I like the fight.  Something about truth and justice those are examples of terms come to mind. Sometimes in the fight I have become so engrossed and invested in  it, that I loose bearing on what is really important, things like friends, family, loved ones, enjoying the life that I still have and realizing what I have left can and should be fulfilling. 

I thought I should share this.  For the topic, yes I agree with the advice on to counter the BS the VA comp side has pulled.  An IMO can surely rectify this.  However, you have  to base your offensive attack on the weaknesses of the examiners conclusions.  Your evidence and IMO will do the job nicely.  Your attack will be based on the statements used in the C&P exam itself.  You need that in order to succeed. Until you have this information, relax, breathe, and get your bearings. Service connection was the goal. You got this.  Piece of cake, do it by the numbers and press on.

I will go now, but please consider the above.  JMO

 

 

Edited May 11, 2016 by ArNG11
point

[Andyman73]

Examiner is a VA MH Dr., the pill prescribing type, not the "how do you feel" type. So I think his creds will stand. But to ignore the physical evidence is outright malpractice, or very near.

The exam was last November, is it too late to challenge?

The claim is for depression secondary to chronic pain.  I asked my VA MH Dr.(the talk to you type) if he thought pain can cause depression.  He said it most certainly can and does. So then I filed for it.  He DXd me with MDD back in late May or in June of 2015. I filed the claim for secondary depression a few months later.

I fell down stairs on my 5th day of boot camp, injured knees and back. Both are SCd to my EAS of 11/98. I also developed issues with my feet, and ankles, and tinnitus. All of which are also SCd, L ankle and tinnitus date to my EAS as well.  So 23 years since falling down the stairs certainly qualifies as chronic. And the VA itself established the longevity by SC those issues back in 11/98.

[silverdollar22]

ArNG11, 

I love the way you put this!!! That's it !!!  We all get so damn caught up with this BS that it starts to erode us like rain erodes a mountain!!!  It eats at us until we can't bear the results that it brings along with what were dealing with already....... It's compounding the problems!!!!  We just need to step back every now and then and take a breather :-) 

"be careful not to let the process define and erode the strong caring individual that you are.  If you let that happen, what have you gained, even more importantly what have you lost?

Frankly I am guilty of this myself, I'm stubborn and I like the fight.  Something about truth and justice those are examples of terms come to mind. Sometimes in the fight I have become so engrossed and invested in  it, that I loose bearing on what is really important, things like friends, family, loved ones, enjoying the life that I still have and realizing what I have left can and should be fulfilling."

Well said my friend!!!!!!!!

[Gastone]

Black: Being "Hopeful" about anything regarding your VA Claim, only sets you up for disappointment. Plan for a negative Decision, then celebrate the Award.

From your posts, I'm "Hopeful," you no longer rely on your VSO for claims/appeals Decisions and that at some point, "Hopefully" you'll master being able to attach Redacted Copies of your C & P DBQs and Award/Denial letters to your posts. That would be very helpful to all of us.

Semper Fi

[Black3018]

I'm learning how to do it. I will have to find my printer/scanner and get it up and running. I still need to post my original decision paperwork as well. And I'm not using a vso right now. The one I used came highly recommended and I was not impressed. I could have done what they did on my own and honestly done a better job. I'm going to type up my NOD tonight and mail it off in the morning certified so they can't screw me on that aspect. Where can I find the address to mail it too? I'm in Georgia and I don't know who to send it to

[flores97]

2 hours ago, Black3018 said:

I'm learning how to do it. I will have to find my printer/scanner and get it up and running. I still need to post my original decision paperwork as well. And I'm not using a vso right now. The one I used came highly recommended and I was not impressed. I could have done what they did on my own and honestly done a better job. I'm going to type up my NOD tonight and mail it off in the morning certified so they can't screw me on that aspect. Where can I find the address to mail it too? I'm in Georgia and I don't know who to send it to

Black3018, this is the address I found when I google VA Evidence Intake Center for Georgia, I had thought they had two locations, but this is the address that popped up. Department of Veterans Affairs (line 2) Evidence Intake Center (line 3) PO BOX 5235 (line 4) Janesville, WI 53547-5235.  I noticed on the page they will NOT accept packages from ups or parcel services, everything needs to be US Postal Mail Service, (registered of course, with return receipt).