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Caluza Triangle questions

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Rootbeer112

Question

Hello everyone,

 

     I am seeing a lot on this site about having to have  the three steps of the Caluza Triangle to get service connected.

I have an NOD in for my PTSD and Migraines.

 

1.My Private psychologist diagnosed me with PTSD as did my VA Psychiatrist and Provider.

2. I sent in copies of stressors and the VSR even called an had questions about another Stressor that I didn't even have listed that I was involved in. The VA requested more information from my Psychologist and she sent in another 38 pages of treatment records for me.

3. My psychologist also sent in Nexus Letters saying it was more likely than not my PTSD was due to Military service as well as stressors, she also filled out DBQ's etc.

 

As it stands my NOD is out of Gathering of evidence and in review of evidence where it states initial review complete and my Appeal will be decided soon. My understanding is that if you meet the Caluza standards then you will be service connected, number one do I meet the standards with what I provided and number two is that correct that if you do meet the Caluza standards you will get service connected or no? thanks for the Help

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1 hour ago, Berta said:

Rootbeer -the VA is counting on us to get so fed up and frustrated that we give up.

When I finally got my first DIC award, I questioned it to the vet rep I had and he said 1151 DIC awards were different than other awards, and he thought that is why they didnt consider SMC. 1998

In 2003 my daugther, a vet herself, insisted I re-open my claim. She bugged me for months to do that. She wanted me to file for direct SC  death due to undiagnosed DMII.I didnt want to deal with them again.The 1151 claim had been miserable and the RO  even denied it after getting my FTCA settlement papers.They finally awarded because I raised hell with the OGC.( I called them and said they owed me more money so they got the RO to properly make an award.)

The DM11 claim , filed in 2003, took 6 years to resolve, and be awarded.It trumped the 1151 DIC and offered many ancillary benefits I did not have under 1151.

My daughter was right. But I didnt even want to file it at all. I was looking for more malpractice than I had found for the FTCA award.And I found more.

It was during the course of gathering my evidence for the 2003 claim, that I filed the SMC CUE and IHD CUE claims. The 1998 decision kept bothering me , the more I worked on the DMII claim.

My former vet rep (who didnt do squat for the 1151 claim), told me not to file a NOD on the 1998 claim.

He was wrong. I should have never listened to him.

I know how miserable and stressful all of this can be. Broncovet is right, to think about hiring an attorney.

Many vet attorneys will even assess the claim via email....

 

 

 

 

Thanks Berta

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