PTSD repeatedly denied

[MartyL16]

Here is an example of my ongoing problems.
Filed PTSD in 2004 stressor letter, hand written submitted
VA says 2006
Ratings from 2006, 2009, 2011, 2013, 2015 SOC all deny
Why: “no records found in the VAMC”; “you do not have a combat ribbon”, in the 2015 SOC, after submitting 127 pages of VA mental health records from 2008-2013 with my NOD, with ALL diagnosis made by a VA Psychiatrist (MD), and a VA Psychologist ( PhD ), diagnosis PTSD, depression, anxiety, other acquired, i.a.w. DSM IV, GAF 40. All of which has continued thru today.
With my NOD of 2015, I again provided 9 fully documented stressors, plus crash records.
The Phoenix RO said in the 2015 SOC, “we have received your documents discussing your symptoms” and denied still and permanent.
My SPR, under COMBAT, says TET Offensive 1969. I was in combat occasionally while at Phu Bai in 1969
Fact: the Air Force never had a COMBAT ribbon until about 1984.
Fact: I have been under the medical supervision for DEPRESSION since 1985 (still in USAF) while on very high dosage PREDNISONE (100 mg per day, for my SC Sarcoidosis (now on the presumptive list) rated at 0, and again ‘92-95.
Yes, I have diabetes mellitus II SC rated at less than 40% presumptive from AO
Still taking VA anti-depressants since 2008 thru today but since 1985 (USAF) thru 1987, then CIGNA, and others since.
I need help, I am tired of being turned away.
Also always turned down for TDIU with statements “records indicate you are capable of employment”
I am on oxygen since 2014. I ride my motorized VA wheelchair since April 2016
Up to my DRO video conference in June 2013, I was 20% total.
I did almost 2 hrs and November 27, 2013 I got 50% depression with PTSD open again.
Total SC became 70% and approved for 100% P&T TDIU
I have never received an award from the Phoenix RO.
My only increases were from Albuquerque VA and the DRO St Paul MN.

My 2012 Appeal is now on the docket but NOT scheduled yet.

The RO ‘certified ‘ the package and sent it to Washington. I have no idea what they sent as I don’t trust them.
I am so scared of this Appeal as I have no idea what to prepare, or present. I have only requested a hearing, on that one.
Help.

[john999]

Get a lawyer who does VA claims.  You should claim depression instead of PTSD I think.  Do any of your SMR's show DX or treatment for any mental health issue?  You have DMII so if I could not get depression as main claim I would try for it as secondary to your DMII.  You need help because the VA has you on the Merry-go-round and means to keep you on it until you expire.  You need someone on the ground to help you do your appeals and your hearings.

[MartyL16]

20 hours ago, john999 said:

Get a lawyer who does VA claims.  You should claim depression instead of PTSD I think.  Do any of your SMR's show DX or treatment for any mental health issue?  You have DMII so if I could not get depression as main claim I would try for it as secondary to your DMII.  You need help because the VA has you on the Merry-go-round and means to keep you on it until you expire.  You need someone on the ground to help you do your appeals and your hearings.

Thanks for your comments.

you may have missed it but I got my 50% depression in November 2013. The main problem is this RO taking my confirmed PTSD by the VA Psychiatrist and VA Psychologist 2008-present and ignoring that diagnosis by stating “no records found in the VAMC” and then in the SOC after all mental health records were supplied with the NOD, by stating “we have received your documents that discuss your symptoms”. They are not symptoms, they are a confirmed and ongoing diagnosis plus by ignoring that for all those years, they don’t have to pay retro pay back to 2006. Then there is the even greater problem for them because the rating could have ‘hit’ 100% all the way back to 2006. Yes,  I would love to find an Attorney and over the last 4 years I have been turned down by 3 different Attorneys stating, in one case, that my case was very complicated. Really! What a surprise!

Because I was on very high dosage (100mg) prednisone, while still in the Air Force, put on antidepressants because it makes you depressed, thru my honorable discharge 2.5 years later, and continually since then, thru today, I have SMR and VA, and CIGNA, and others, continuous record of prescribed antidepressants because of severe depression and the VA ignored it until my DRO video conf. In 2013 and 6 months of retro Pay. So I want it back to discharge thru today as SC. That would be a ton of money.

i have also been denied for depression for years before as secondary to DMII. I also have DDD and cervical stenosis, peripheral neuropathy in both legs, nerve impingement in both arms from my neck. Severe daily pain in my lower back but the examiner wrote “mild pain on motion”.

Now I am up for Appeal on the docket with no date set and really need some help from a reputable VA certified Attorney. 

I apologize for not stating my case clearly as that is a byproduct of my meds.

[john999]

So you do have TDIU now?  You don't need a PTSD DX since the VA will only pay you for one mental health disability.  If you want back pay with a complicated claim you must continue to seek a VA lawyer to help you.  If there is large possible retro pay you should be able to get one of them to take you.  I had many attempts to get a lawyer to represent me on a retro issue.  It took eight years and I still lost.  If you have TDIU now thank your lucky stars .  You want a ton of money.  You get retired pay and you get concurrent receipt?  You have not been turned away.  You just want an EED.  OK you situation is not dire.   Are you getting social security? You won the game but just not as much as you wanted.     I wanted back pay to 1973 and I think I deserved it.  I didn't get it but I have enough to pay my bills just like you.  I am not picking at you but consider you are lucky to have gotten what you got.   Many get nothing and you got it all just not the all you want.

[MartyL16]

2 hours ago, john999 said:

So you do have TDIU now?  You don't need a PTSD DX since the VA will only pay you for one mental health disability.  If you want back pay with a complicated claim you must continue to seek a VA lawyer to help you.  If there is large possible retro pay you should be able to get one of them to take you.  I had many attempts to get a lawyer to represent me on a retro issue.  It took eight years and I still lost.  If you have TDIU now thank your lucky stars .  You want a ton of money.  You get retired pay and you get concurrent receipt?  You have not been turned away.  You just want an EED.  OK you situation is not dire.   Are you getting social security? You won the game but just not as much as you wanted.     I wanted back pay to 1973 and I think I deserved it.  I didn't get it but I have enough to pay my bills just like you.  I am not picking at you but consider you are lucky to have gotten what you got.   Many get nothing and you got it all just not the all you want.

Thanks John for your reply. You are right, I am lucky to have gotten this far but bitter all because I have been screwed by the local RO for years. Since 1987 to be exact. I lost my home $440,000 that I had worked hard for since the early ‘90s but after 2006 my employment capability was almost non-existent and  back then between my USAF pension of less than $1000 per month, and my VA comp. of less than $500, the VA kept turning me down for everything.

Plus the fact that I was so depressed that in 2007-2008, I came close to “turning the light switch off”.

All of my claims were of facts that the VA had “constructive possession” of and in most cases actually listed all the medical records that applied but they would come back and state,  no records found, or no diagnosis.

I was Stage 4 Sarcoidosis in the last 2.5 years of my 20 years of active duty. When I retired I was still Stage 2 and on prescribed prednisone, with PFTs below 65% predicted. I received 0% SC. Had another 3 years from 92-95 on 60mg per day and diagnosed Stage 4 Sarcoidosis.

Because of the high dose prednisone for all those years, I had “Cushing’s Syndrome” including the “moon face” and “elephant hump” on my high back. These are very noticeable by everyone and should have been by the VA during 1 exam without any PFT, or labs.

Also documented osteoporosis from the prednisone and other obvious, visible symptoms.

I do know that the VA won’t rate you for multiple mental conditions except they will combine them. Which came first, the chicken or the egg?

As I stated, my original PTSD claim with stressor letter was 2004. Because I did the DRO video conference in 2013 with resubmitted documents originally from VRE contracted psychologists and masters degreed physical therapist in 2009-2010, I got my 1st depression rating of 50% with a deferred PTSD, but re-opened claim.

Also, my SPR states under COMBAT, the TET in 1969. My VA ‘shrink’, an MD, and VA Psychologist,a PHD, 2008 diagnosis of PTSD, depression, anxiety, and other acquired mental, was ignored ALWAYS.

Don’t forget the July 2010 change of the actual VA law concerning PTSD rating, which actually identifies COMBAT as an ‘automatic PTSD’  rating  ‘without the need for a C&P exam’ or ‘water boarding’.

i also have fully documented stressors, 9 to be exact that we’re ignored and the 127 pages of VA mental health records from 2008-thru today even.

My points are: fully SC depression from active duty (beginning 1985)thru the present on a CONTINUOUS prescribed antidepressant medicine thru today.

Medically diagnosed PTSD and reconfirmed chronic depression by the VA since 2008 thru today with prescription doubling in 2008 and 2016. 

Then the VA SOC of 2015 with the 127 pages, the SPR record, the 9 fully documented and record supported STRESSORS (that were the basis of the VA PTSD) diagnosis), they VA stated, I am quoting, “we have received your documents DISCUSSING your symptoms”. They just changed a medical mental diagnosis to a DISCUSSION, and they have nothing to support that change.

That and other RO illegal changes are what makes me livid, so yes, you say I can pay my bills but you don’t know that I am on permanent oxygen devices, 24 hours per day, ride in my VA motorized wheelchair because of my lungs, DDD and Cervical Stenosis with nerve impingement and severe pain that never  ceases and if it wasn’t for my now wife, another Air Force veteran, who VA qualified to buy this house 6.5 years ago, I would be another homeless veteran, with nothing!

So being satisfied with my rating and income means that you believe my continuing efforts to get “retro Pay” should not be fought for.

it is “not the all that I want”, but rather “the all that I deserve and earned”.

All the RO employees that fail to award disability compensation that is fair, accurate, and legally and medically supported is a crime in itself because they have deliberately violated and ignored laws that they are required to adhere to.

They get paid bonuses for the number of claims they “push out the door” every day. That means they are getting paid more for violating the law, their sworn oath, and professional responsibility.

i also am not trying to “single” you out or “pick on you” but you”hit a nerve”. All veterans deserve the appropriate disability compensation! It is not a “wish list” for “Santa Claus”. It is a LEGAL right!

Oh, by the way,

I EARNED my Military Pension,

I EARNED my Social Security Entitlement, and

I DESERVE my VA Disability Compensation.

Marty

Edited October 15, 2017 by MartyL16

[Gastone]

What reason did the (4) VA Law offices give for not accepting your case for representation?

Did you ever contact the Pro Bono Legal outfit, "Vets Legal Consortium" in DC.

If you could post redacted copies of your ongoing Denial Letter and SOC's, that would be very informative.

Semper Fi

[MartyL16]

On 10/16/2017 at 10:49 AM, Gastone said:

What reason did the (4) VA Law offices give for not accepting your case for representation?

Did you ever contact the Pro Bono Legal outfit, "Vets Legal Consortium" in DC.

If you could post redacted copies of your ongoing Denial Letter and SOC's, that would be very informative.

Semper Fi

Hey Gastone, thank you for your reply. Two of the law offices called on the phone and just stated ‘our team has reviewed your case and has decided not to pursue representing you’. The most recent letter, 2 weeks ago said basically the same thing. I assume they won’t state a reason as that might be a ‘legal issue’ (no pun intended). One Attorney in Fla., whom I gave a POA to solely, stated he never received my entire C-File in 4 years and cannot understand why but in email msgs. Tells me my case is very complicated and he did not want to offer advice that might not be correct.

Either way, I end of with the same thing....nothing. I will scan a copy of the last rating with a copy of the SOC. Will have to be within a week though. My wife has been in and out of the hospital twice this month and now home.

thank you