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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

Hello to all and thank you in advance. This is going to be long winded but I want to provide as much detail as possible. Back in Feb of this year I submitted my first claim for non-combat PTSD. I discharged in 2002 and I am a non-combat Vet. Prior to filing for PTSD in Feb of this year I had never been seen for mental health and did NOT have a diagnoses of PTSD. I submitted claim for PTSD as regional verified my stressor and scheduled me for a C&P exam. The "doctor" was a complete xxxxxxx (excuse me) and talked down to me for an hour.

When I finally read the report a few days later I saw that he remarked that I did meet all the criteria for PTSD and checked all the boxes that would have gotten me about 70% but then went on to say that because I waited so long to file, in his opinion, my PTSD was less likely than not to be from military service. He also sited a few incidents that I had after discharge that could have been the PTSD stressor..

I was floored when I read the report. I immediately disputed it and the VA denied my claim anyway. The denial letter basically said that they could not grant PTSD without a diagnoses of PTSD. Within a week of the denial letter I made appointments with the mental health clinic at the VA as well as booked an appointment with a civilian psych Dr for an eval. In total I have seen 3 different doctors since the denial and all 3 have confirmed a diagnosis of PTSD RELATED to military service. My civilian psych doctor also filled out a very favorable BDQ for me. He diagnosed me with PTSD and Anxiety related to military service and named specific events inn service including the already verified stressor.

So, I refilled a couple months ago via fully developed claim and a bladder condition which also occurred in service. I submitted a mountain of evidence for the mental health claim which was submitted as "mental condition to include PTSD" at the suggestion of my DAV rep. He said that way the VA could accept the DBQ from the civilian doctor since PTSD MUST be initially diagnosed by a VA provider and since he(my civilian psych dr.)  diagnosed me with PTSD AND ANXIETY, the VA could accept it on the anxiety alone.

Anyway, as we all do, I have been checking ebenefits and it has moved through almost all of the stages and is now sitting at "pending notification" it has been in this stage for over a week now. Here is the strange part...My C&P for the bladder condition isn't until January 4th of 2017. How can they be prepping for notification without having the results from my C&P for the bladder which hasn't occurred yet???? Also, there has been no C&P ordered for the mental evaluation at all.

Has anyone experienced anything like this??

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I replied to this same question in the other topic you posted it in.Maybe a few days ago?

I dont remember what topic or where.

I also put a link for you to a BVA decision.

but then went on to say that because I waited so long to file, in his opinion, my PTSD was less likely than not to be from military service. " (from the C & P doc)

Since that BVA decision did not even consider the fact that the veteran had not filed for PTSD for Many years after their service,it could be helpful if you need it, if they deny.

I have never seen any regulation that states a vet has some specific time limit in which to file for PTSD.

The BVA decision awarded PTSD in 2016, The Vet had been in Vietnam 65-68.

The appeal was on a 2011 rating decision. 

The decision contains citations and no where does it ever suggest the veteran waited too long to file.

Maybe you can find my reply and the BVA decision under a hadit search

 

 

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Berta, I'm just concerned that they denied the PTSD claim again. The not knowing is not helping my anxiety problem at all.... I have seen a lot of cases where some of the issues on a claim that a Vet files that get awarded with no C&P and the other issues get deferred to a C&P exam. But while they (the Veteran) wait for the C&P on the other issues, they get compensated for the one(s) that were awarded with no exam. My monthly amount has not changed and all my disabilities remain unchanged on ebenefits. If it gets denied again I don't possibly know what else I could provide to get it approved....I submitted a mountain of evidence and like I said, in the first go-a-round, the VA verified my stressor.

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There's not a time limit in which to file for PTSD.

 I am not that familiar with the Non-combat PTSD Regs?  but if the vet was traumatize with an event while in the military  I would think the Reg's would still apply...and VA Must use the DSM 5 Criteria the same as a combat -vet .

The only thing  Combat related or Non -combat  Related PTSD  Diagnose must come from the VA MH psychiatrist or M.H. MD and the Veteran provide his SMR'S AND A Detail description  & CLOSE to the trauma event dates /location and unit MOS, names of 1st Sgt  & CO. ..in his statment in support of claim as evidence & maybe a lay statement from the veteran  detailing what happen  so that it will help VA Raters  make a better decision favorable to the Veteran.

Veteran spouse also can write a lay statment detailing her hubbys Behavior over the years.

Remember if you can get a Qualified Dr to state

''ITS AS LEAST LIKELY AS NOT'' those  6 little words are what the Raters look for and they are a Veterans best friend.

Edited by Buck52

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Berta, Buck (or anyone else)

Here is another question regarding the above conversation. Again, I will provide as much detail as possible. When I first filed my PTSD claim in Feb of 2016 that was denied, I supplied regional with my stressor letter with several claimed stressors. What I DIDN'T know is that regional didn't use any of the stressors I had listed to get me my C&P exam. What they did was....they looked in my service jacket and found a award I received for aid I provided to a service member when we were deployed to Antarctica. Please keep in mind  that I did NOT list that incident on my stressor letter. Also please keep in mind that I had absolutely which stressor the regional office verified to get me the exam.

So when I went to the exam, I laid out all the details of my claimed stressors. I DID NOT mention the Antarctica incident because I never claimed it as a stressor. Long story short, on my exam report, the examiner stated that my PTSD was not related to service since I didn't mention the Antarctica incident during the exam, which is the specific incident the VA asked his opinion on, and that was the only one regional verified, all the other incidents I claimed and discussed with the examiner were considered "subjective" and therefore did not get awarded the PTSD claim.

OK...so I immediately enrolled in mental health service at the VA as well as the civilian psych Doctor that I mentioned earlier. All of them dx'd me with PTSD and anxiety and specifically mentioned the Antarctica incident. I turned in all that evidence when I refilled.

My question is this....If the Antarctica incident is the only stressor that the regional office verified, and the original examiner said I didn't have service connected PTSD because I didn't mention it, Should I have used it when I refilled? I figured that since the VA had already verified it, I would just stick with it.....Would it still be a valid stressor if I was already turned down once with it being the verified stressor?

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yes it is still a valid stressor, you should send in all your stressor's including the Antarctica stressor, I'm not sure why they only used the Antarcrica stressor? maybe that one was the only one of records when they looked at your SMR FILE?

Obviously they are only using the Antarctica stressor and when you never mention it in your C&P Exam and you mention the other stressor's and not that one...it don't look good for you.

However you can over come this with your basic evidence OF RECORD with your other stressor's

If you now have a VA diagnose of  DSM 5 PTSD  use that as evidence as well as all your military stressors and detail discription of the events.

it should say on your dd 214 you have a CIB or combat duty  usually they will concede the stressor's for those veterans.

Sounds like they are trying to snowball you my friend.

Edited by Buck52

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