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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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ArNG11,

Yeah, that guy is no fun, for sure.  It doesn't help when there are some in my life, that I can't avoid, who give me the least amount of credit possible.

So...I guess what I'm getting at is...that jerk in the mirror has a cheering squad.

  I had written several paragraphs in between the first line and this one, but then deleted it.  Why vilify myself publicly? I already struggle with feeling like everyone else, in general, agrees with the guy in my mirror.

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  • Moderator

I looked at this and suggested you file a NOD even if the old one was previously withdrawn, and there was Chris Attig, saying the same thing, but better than I could.  

I will add, when you do (re)file the NOD, do so within a year.  And, if possible, have the decision with you,

and, refute the reasons and bases for the decision.  I also like the DRO hearing idea, and this may be a good time to look into legal representation.  

In all cases, get a copy of your Cfile. 

Finally, dont expect much from your congress critter.  

Someone once said if "Pro" is the opposite of "Con", the what is the opposite of Progress?  

Answer:  Congress.  

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There was a change in the law for a request for Reconsideration at the Regional Office level dated July 2015, however your claim is too close to the one year cut off for filing a NOD and it is better for you to file the NOD before the one year is up.

 

 

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  • HadIt.com Elder

Commander Bob got his foot blown off in Vietnam and the VA denied his PTSD claim the first time.  He prevailed in the end.  The VA said he never complained about PTSD while he was in the Army.  He went straight from Nam to the hospital to ETS.  When did he have time?  They call it "Post" TSD which means after.  There are WW11 vets who have PTSD and are still dealing with it.  The VA just wants to save money off your back.   Since you are a smart guy and came to hadit you will win in the end.   Pity the poor dumb azzes who take the denial and just go away.

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