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. 

[Navy4life]

1 hour ago, Black3018 said:

The claim that the VSO filed as a new claim instead of a reconsideration is at the preping for decision part of the claim since friday.  How long does it normally take for a claim to hit the decision phase in a case like mine?

Unfortunately there is no set time frame. All claims are different and unique. Just have to wait...

[Andyman73]

On 5/8/2016 at 11:49 AM, flores97 said:

Navy4life, thanks, I wasn't certain. (My worst symptom of MH issues is definitely memory loss, I often can't remember which posts I've responded to), be safe on your travels and have a great Mothers Day!!!

On my exam, they only listed several items, such as chronic sleep issues, alcohol abuse, and chronic depression.  No mention of memory loss or suicide ideation.  The SI is in the 70% bracket.  But I guess it's okay that the examiner didn't but that down, he opined against me, and my claim was denied anyhow.  Which was really good for my VA DXd MDD and SI, too.

[flores97]

Andyman73, I just don't understand how these examiners are allowed to continue getting away with incompetent and clearly biased examinations. You would think that with the scrutiny the VA has been under, they would at least attempt to be fair and consider all of the evidence, but I swear that half of the time, it seems the rater only reads the first few (if we're lucky) sentences on a page and moves on.

[Andyman73]

16 hours ago, flores97 said:

Andyman73, I just don't understand how these examiners are allowed to continue getting away with incompetent and clearly biased examinations. You would think that with the scrutiny the VA has been under, they would at least attempt to be fair and consider all of the evidence, but I swear that half of the time, it seems the rater only reads the first few (if we're lucky) sentences on a page and moves on.

flores, you Would think that because of the scandals of the last decade+ and the new ones coming to light every week, they would be jumping through burning hoops to correct the whole situation...but no, even that is not enough.

When I was speaking with the RO on the phone, she told me straight to my ear, that she cannot and will not go against the examiner, even when faced with a pile of documentation that clearly proves the examiner lied, ignored, or circumvented the plain and obvious truth. I asked her how can that be, when the VA itself already proved the medical part of my claim, for depression secondary to chronic pain, just by SC me for "low back pain/strain, and patella femoral pain syndrome, bilateral" since my EAS??? Duh! Chronic pain!!!

I'm almost ready to give up on the whole NOD thing and refile my claims as new, just to go through it again.  And then file NODs for EED once the claims are granted.  I just don't think I can hold out for 2-4 years for the NOD appeals to play out.

[flores97]

Andyman73, I would challenge the exam. Have you checked the examiners credentials, that could be crucial, heck, he could be an optometrist. Then, after you check the credentials and write up your statement, (check out the article "junk science invades the VA like ants at a picnic", I believe the article is by Chris Attig, for exact instructions on how to word your challenge of the incompetent c&p, next contact your congressman, provide a copy of the c&p, copies of your positive medical evidence, and copy of your challenge of the exam. Be detailed, the congressmans office will read it thoroughly. That could help, it should at the least, get you another exam pretty quickly. I wish you the best of luck, Andy!!

[Navy4life]

Andyman;

i know the frustration you are in. I've given up on several battles because I'm tired of it. My last pending appeal is it for me. If I don't get the favorable decision from the DRO I'm done!  So tired of the crap. But I know we encourage each other to stay strong and fight. I can't tell you to fight and not do it myself right?

if it were me, I would get another doctor's opinion. Can you remind me again of your situation?  I need a refresher lol. My brain is a bit old lol.