ptsd NOD / DRO or TARP?

[Billielea]

After almost a year of waiting on my C-File, I am starting my NOD without it. My question, which appeals method is better, DRO or TARP? Last year I was awarded 50% for PTSD reopened claim and had my 10% TBI rating decreased to 0% on an increase request. I originally filed in 2009 and was awarded the 10% TBI and denied PTSD. I filed a NOD at that time and wrongly assumed that they would call me in for another C&P and did not submit additional evidence. My appeal was closed in 2012 with no action. My last C&P notes on blue button state that I presented with same symptoms as 2009 C&P. Also, I realize the rules were different back then, but I had documented stressors (Combat Action Badge and serious incident reports). I plan on appealing the PTSD effective date and TBI rating. Please advise.

[Billielea]

Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments.  I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?.  Sorry, I can't be sure.

[Berta]

Sometimes I think I have seen it all and then VA surprises me.

This is a ridiculous decision. All I can think that happened was that they focused on the wrong thing as stressors.Not only is a TBI a stressor , but you have the CAR on your DD 214.

I feel you should ask for a new C & P.

The new 2010 PTSD regs focus on "fear of" and/or "close proximity to hostile activity".

It is as likely as not you were in fear of and in close proximity to that activity.

What did the C & P doc diagnose you with?

 

 

[Berta]

Have you googled the doctor who did the C & P?

He/she might have no background at all in MH issues.

 

 

 

[Buck52]

Aint that the truth Ms berta

I wounder some times if them raters even know how to read & count

[Gastone]

What did you claim as the PTSD Stressors in your 09 app for PTSD?

The 1st Denial, discussed "No Evidence of Personal Assault," MST?

You'll note on your 03/2011 SOC, only evidence reviewed by the DRO, was listed as Evidence Of Record," all from your 09 original claim. No indication of any "New & Material Evidence" being received post original Denial Decision. An Administrative Denial was a certainty.

Did you know anything about the DRO Process Requirement, for the N & M Evidence? Your DRO Review Decision, (3) months after requesting the Review option, would be considered  Warp Speed. Probably went that fast because of lack of N & M E.

Did you ever get a copy of your 09 PTSD C & P DBQ? It appears, from the Denial & SOC, that you have never actually received a PTSD DX pre or post 09 Claim. Do you currently have a VA MH Psychiatrist/Psychologist that treats you on a regular basis? Have they given you an official PTSD DX?

Your only recourse now, file a New PTSD FDC, attaching all New & Material Supporting Evidence, that is not currently in your VMC or Private Medical Records. A review of the VA's PTSD Rating Best Practices Manual might be prudent.

Semper Fi

 

[Berta]

And please read over the 2010 PTSD regulations here.

I didn't see PTSD claimed at all on the 2009 denial. If it had been, that would have put you into the pre 2010 PTSD regs...but Gastone is correct.

I thought at first you had been grandfathered into the older regs but I was wrong when I read the download.

I assume they sent you a 5103 waiver or something that indicated they needed info on your stressor.

If you consider filing a new claim ,I would if I were you, state every possible theory of entitlement, such as depression and acquired psychiatric disorder, as well as PTSD because that way you are not locked into solely the PTSD criteria.

I began helping vets with claim in around 1984...predominantly PTSD claims due to the Vietnam War.

I found at that time the VA wanted to read about Blood and guts.and detailed horror stories of Vietnam stressors, many of which were stressors the veteran and/or JSRRC  could prove.

The new regulations only account for "fear" and "Close proximity to hostile fire" as supporting a stressor description.

Still they need to have details on your stressor, that would support those above 2 factors.

"but I had documented stressors (Combat Action Badge and serious incident reports"

Did they have the incident reports?