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Feeling screwed

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Black3018

Question

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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File the notice of disagreement. Never give up. All the veterans on this site can help you. Many of them have already been through similar situations. Please continue to go to treatment for your PTSD.

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When you fill out the NOD, be sure to state you request a DRO Review Hearing!  If you do not put this on the NOD they can review the NOD and evidence w/o you present.  You are your own best advocate so the hearing is what you want!  

Most importantly....STAY in TREATMENT for the PTSD!

Edited by Navy4life
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My appointment today is at the same location that I did my c&p. I'm gonna get a copy today. I will post everything tonight when I'm done with my appointment. Not working a double today so I have the time to do it. Thanks guys!! Very informative and some of the stuff I have no idea what you're talking about lol

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It should not take long to get it if it was done at a VAMC. The Records release/Privacy Act FOIA officer should even have a simple form you could sign to get it.

I am thinking now that the new C & P will garner a new decision...thus one more NOD year time frame.....does anyone agree?

Still that current NOD  deadline looms close....but the VA could call a CUE on it and you would then hopefully get a better decision and a year NOD time frame on that newer decision..if it still isn't right....... does that make sense to anyone here?

 

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On 4/23/2016 at 4:44 PM, Black3018 said:

It took me 10 years to file because I honestly thought I didn't have any issues and that the things I was experiencing were normal for a combat vet. The nightmares, paranoia, trust issues, and memory loss. I filed after talking with my former platoon Sgt and not remembering some of the actions I did while I was in iraq( I don't remember several fire fights and an ied attack). After I talked to him for several hours I realized how big of a problem I had. I still struggled to file and get help because I didn't want to feel weak. In grateful for my therapy because it's helping. The whole situation is frustrating. I haven't had more then four hours of sleep a night since my c&p. I told the examiner everything that happened to me. Every fire fight, losing marines in my squad, watching my best friend die and not being able to save him. Nightmares every damn night since the exam. It's a struggle but it could be worse 

Black,

Vets like you are the main reason I avoided ever mentioning MH issues during my regular VA appointments over the years.  That is, nearly a year ago when I nearly blew it all.  You see, I'm not combat experienced or anything, and I knew if Marines like you felt weak, and you been there and done that, I certainly had nothing to speak about.  I've been in therapy 9 months now, and yet have not come to terms that I deserve any of this. 

Semper Fi, my Marine brother. 

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