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

[Buck52]

Well maybe no CUE with your claim  however when you NEVER filed a PTSD Claim   and you  wrote it in writing that you do not and you are not filing a claim for PTSD  , and the VA Filed the PTSD to me that's an Error but it may not be  an  error  as a Cue has to have a bases, and they can say its ''DUTY TO ASSIST'' the veteran, When this happens its ( in my opinion)  its considered a statutory to be SERVICE CONNECTED. Rather or not its gets a % of compensation.

When a veteran is rated 100%  and files for another contention or increase and  as evidence shows  this veteran disability is indeed worsen or another S.C. contention shows to be at least 60%   that puts the veteran up to a 160% rating  (so to speak) and VA has a'' Duty to Assist'' and that rating becomes  statutory& Meets the Criteria for for them to rate the SMC

Some times they don't do that  & if the Veteran don't catch it &  they beat the vet out of compensation,  but later the Vet gets an attorney and then they make it right  with retro  or proved they did commit a CUE

I just never heard a Veteran with PTSD Or have a Diagnoses   that never wanted to file a claim?  unless pride or is still in the work force reasons?

[Jamezam]

I was being sarcastic about not having any CUE's on any of my claims.

I appreciate all of your feedback and I am fairly knowledgable about the claims and appeals process and rating schedules. My original question was about disability denials being turned into new claims once you file a NOD. It really doesn't matter, as the original claim filing date doesn't change unless you miss the appeal deadline.

I never served in combat, nor did I experience any traumatic incidents, so why would I file for PTSD?

[ADodge]

Quote

 

 

45 minutes ago, Jamezam said:

I was being sarcastic about not having any CUE's on any of my claims.

I appreciate all of your feedback and I am fairly knowledgable about the claims and appeals process and rating schedules. My original question was about disability denials being turned into new claims once you file a NOD. It really doesn't matter, as the original claim filing date doesn't change unless you miss the appeal dead

I never served in combat, nor did I experience any traumatic incidents, so why would I file for PTSD?

 

[ADodge]

Sorry about the above post.  I seem to be experiencing problems with my Surface???  Anyway you stated that you haven't experienced and traumatic incidents????  Well by the time the VA gets done with you, I am sure you will feel that statement no longer applies!!! 

[Buck52]

2 hours ago, Jamezam said:

I was being sarcastic about not having any CUE's on any of my claims.

I appreciate all of your feedback and I am fairly knowledgable about the claims and appeals process and rating schedules. My original question was about disability denials being turned into new claims once you file a NOD. It really doesn't matter, as the original claim filing date doesn't change unless you miss the appeal deadline.

I never served in combat, nor did I experience any traumatic incidents, so why would I file for PTSD?

Well I understand that  but why did YOU GET A PTSD diagnoses?

Maybe that is why the VA File the claim?....if you don't have PTSD and VA MH said you did.....something wrong with this picture?

Our claims are hard enough to prove.

DENIALS are  usually because the veteran  never had all the facts  and most of all EVIDENCE   filing a proper way  and never used the VA criteria  for proper ratings  AND some times they don't read our evidence OR WHATEVER they have a reason& bases as why the denial  or''What We Decided''

I agree with you if you never had any traumatic incidents  then your lucky that you don't have PTSD  because I have it &  it sux.

 

Edited June 26, 2016 by Buck52

[Buck52]

Ain't that the truth ADodge  if they don't kill ya first.