ptsd Confused...

[Jamezam]

I've noticed whenever I file a NOD and it ends up as an appeal on eBenefits, the contentions I disagree with from the VARO's decision letter end up being listed as new claims.

So for example, I filed a NOD for my denial of Chronic Pain Syndrome, Fatigue, Sleep Disturbances, and Spondylolisthesis. And, now all of the disabilities are listed as New under my Pending Disabilities list. Can anyone tell me what's going on here?

In adding, why in the hell is the VA continuing to treat some of my disabilities as PTSD? I clearly marked "NO" in eBenefits when the Claims process asked if you want to file a claim for PTSD!

Thanks...

Edited June 25, 2016 by Jamezam

[jbasser]

The nod starts the appeal process.That is how it works.

 

J

[Buck52]

On  Your  denied  letter

it would help to put the reason & bases   

of WHAT WE DECIDED''on here to help you better.

Block out all personal information claim # and your name.

I would suggest to file NOD soon and ask for a DRO Hearing, you may need to go get a private IMO  For further evidence  if the VA Medical was not favorable to your claim's

In my opinion its better &faster to do all you can to get your claim adjudicated at the RO Level

I believe once an appeal process starts your claims is considered new claim's   with the exception of your EED.

[Jamezam]

jbasser,

I understand the appeal process, I've been working with the VA since 1998.

What I am curious about is the fact that whenever I file a NOD the contended issues then end up being listed as New Disabilities on eBenefits. So for example, if you look at the image below, you will see that the disabilities I was originally denied on, are now listed as NEW disabilities. It's like the VA are treating them as new.

My concern is that the VA in ALL of their infinite wisdom are turning contested disability denials into new claims and then denying them again, as they were already previously denied.

The other thing I've noticed, is that whenever I file a NOD the original disability type gets changed slightly. It's like the VA may be saying if we call the original disability something else, we can now classify it as NEW and keep the Veteran on the merry go round forever...

Nah, the VA wouldn't do that, would they? They wouldn't try to figure out new ways to screw, I mean circumvent the process in order to make approving claims more difficult. I think that VA employees should be treated like soldiers. If you're not doing your duty then we will take away half your pay and assign you extra duty. If only making veterans suffer for years and decades was a criminal offense.

[Buck52]

I am not sure why your still being treated for PTSD.

Unless you been diagnosed for DSM 5  PTSD by VA?

If so it don't matter if you file a PTSD Claim or not  if the VA Diagnose you with the DSM 5 PTSD they are going to treat you for it!

but if you said NO on your Claim form that you were not filing PTSD and they continue to want to add this as one of your claim contentions.

This could possibly be CUE on the VA.  others may chime in here   like Ms Berta or broncovet, Alex (asknod)

jmo

...............................Buck

[Jamezam]

7 minutes ago, Buck52 said:

On  Your  denied  letter

it would help to put the reason & bases   

of WHAT WE DECIDED''on here to help you better.

Block out all personal information claim # and your name.

I would suggest to file NOD soon and ask for a DRO Hearing, you may need to go get a private IMO  For further evidence  if the VA Medical was not favorable to your claim's

In my opinion its better &faster to do all you can to get your claim adjudicated at the RO Level

I believe once an appeal process starts your claims is considered new claim's   with the exception of your EED.

Thanks Buck52,

Believe me when I say I am well versed in U.S. Code Title 38 Veteran's Benefits.

The number one reason for denial is usually Not Service Connected, even though there are a lot of BVA citations stating that a disability doesn't have to be originally service connected to be service connected now or in the future. This is the VA's way of fighting claims. "Oh, a complaint about xyz is not in your service medical records sir, so your disability is not service connected. Thank you for your service we really appreciate it." FU

So far I've only had would NOD that I received an SOC on and the BVA sent it back, I'm pretty sure telling the VARO "What the *uck is wrong with you? Give this solider his claim, he's giving you 26 years of evidence and two very strong Nexus letters. And, I ALWAYS request a DRO hearing.

The VARO's new trick now is to deny a claim, so that their claim number are really low. However, all of those denied clams have not become appeals. The backlog of appeals are now a major issue.

So, if read what you are saying right, the contested disability denials become new claim's, however you still retain your original filing date?

[Jamezam]

23 minutes ago, Buck52 said:

I am not sure why your still being treated for PTSD.

Unless you been diagnosed for DSM 5  PTSD by VA?

If so it don't matter if you file a PTSD Claim or not  if the VA Diagnose you with the DSM 5 PTSD they are going to treat you for it!

but if you said NO on your Claim form that you were not filing PTSD and they continue to want to add this as one of your claim contentions.

This could possibly be CUE on the VA.  others may chime in here   like Ms Berta or broncovet, Alex (asknod)

jmo

...............................Buck

Thanks again Buck52,

I was diagnosed with Chronic Pain Syndrome last year. However, the PTSD claim was created by the VA years ago. I did contest the PTSD claim. As I said before the appeals backlog is now an issue and now instead of waiting for ones claim to be processed, it's waiting time for appeals to be processed. I have one appeal going on 730 days, but I guess that's normal these days.

I have three solid years of continuous in an out of hospital's in my military service records and have been battling with the VA for about 31 years now. Even though I have a pretty great education about the legal aspects of the VA. That's not enough. I've been trying to get my congress people to change the laws to make the VARO's responsible, criminally for negligence in truly doing their duty and helping veterans.

I still haven't figured out why some attorney hasn't filed a nationwide civil suit on behalf of all veterans. It can and should be done and the VA and the VARO's should be forced to work for us not against us!

I'm pretty sure there are absolutely no CUE"s in any of my claims... 

Edited June 25, 2016 by Jamezam