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.

[Gastone]

A friend got turned down by Attig Law, too busy to Rep him at the BVA. Had a 5 yr ED & Hypertension BVA Hearing pending, already had a Docket #.  I think it was due to the low Retro $$ involved.

I pointed him towards the DC Pro Bono firm, Vets Legal Consortium. They Rep'd him and lost at the BVA, proceeded to CAVC and within a few months had a Remand Awarded. They got about $17K in Legal Fees Awarded, not a bad pay-day. 

About 7 months later, the Vet ended up getting an RO ED Award that paid aprox $6500.00, the Hypertension was still Denied. If it's ever added to the AO Presumptive list he can take another run at it.

[broncovet]

I have been where you are at!!!!   I lost my home in 2005 while waiting on VA claims and appeals.  In my case, I "won" at the BVA and the VARO decided to implement my "win" at zero percent.  Even with a win, I had to fight for another 3 more years, and I am still fighting them on the effective date.  

Dont give up because one or two attorney's say no.  Unfortunately, there are way more Vets, than there are attorney's to represent them, so you may have to contact 4,5, or even 10 attorneys.  They turn down your representation for various reasons, often a business decision, and sometimes because they dont have expertise in your particular type of case.  Keep looking.  Best time to hire an attorney:  BVA denial.  Worst time:  BVA remand, because the claim is not complete until the VARO implements the remand, and you cant appeal a claim which is not finished.  

When you talk to an attorney, be nice and understand he or she is fronting you hundreds or thousands of dollars of his own money, in hopes of getting more, sometimes 5 years down the road.  

Why its a good time to hire an attorney after BVA denial:

In short, better than half of the BVA decisions have errors, and the attorney can often get a "remand" on reeasons and bases and get EAJA fees paid.   This means YOU dont have to pay!

PERSISTENCE wins when other stuff does not.  

I have my 100 percent, and Im still fighting for SMC S and 2 more years of effective date.  Im looking for an attorney also, and am having the same problem you do.  

The last time I hired an attorney, I had to contact about 10 firms, while 2 offered to represent me.  

Once you understand you will have to contact a dozen or so law firms, it helps.  VA law is just not that lucrative.  Would you want to do all that work and not get paid, MAYBE, until 5 or so years down the road?

No wonder why attorneys dont "flock" to VA law helping Vets.  Go to NOVA website, and send your information to 10 or so of these attorney firms.  You can cut and paste it, and change the attonreys name.

Then follow up in a few days and call them and ask them if they got your recent decision(s).  They often have many many Vets sending them claims, so if you follow up and show you are motivated

the squeaky wheel gets the grease.  

https://vetadvocates.org/welcome/find-an-attorney/

 

Edited October 19, 2017 by broncovet

[broncovet]

Also:

    YOU need to work on finding those records.  A reopen due to 38 cfr 3.156 C, should win benefits once those records are found.  Alex Graham got shot in Vietnam, and had to prove it as VA did not beleive he went to Nam.  He was treated in a hospital probably no longer there.  But, he won benefits back to 1994, a massive payday which I estimate to be over a half million dollars.  How did he do it?  It had to do with persistence, just like I recommend for you, which worked for me.  

DO A HADIT SEARCH ON LOCATING LOST RECORDS.  Dont depend on VA to do that, YOU do it, as VA will almost always disappoint.  Its like having the enemy hire a representitive of his choice for you, and they get to pick the battle ground.  They have no idea how determined I am, well maybe they do after 15 years.  

     We used to have a hadit member named captain Contanimate, and his motto was "NEVER give up".  Alex\s is "Win or Die".  Once you understand that VA is gonna fight you, you can hunker down for the biggest fight of your life..VA benefits.  

     Im still in battle with VA, but, I see the light at the end of the tunnel.  In fact, I can even throw the white flag and keep my benefits (100 percent) back to 2004.   However, I lost my home due to VA and I want it back, so Im taking it back!!!!!!!!!!   SMC s and the last 2 years will be enough for me to buy my home back.  

     So, now, Im no longer the rookie that VA can lie to me and I will beleive them.  Im hardened like wood from battle with VA, and I dont put up with their BS.  I have answered THOUSANDS of questions from other Vets, with over 3000 "likes", so VA has no idea who they are dealing with.  As long as I live long enough, I will win, and will keep fighting until I do.  

Edited October 19, 2017 by broncovet

[john999]

Marty

 

                  I know you think I don't understand your situation and am judging you.  It took me 30 years to go from 10% to TDIU P&T. I was homeless.    I had a lawyer represent me for over 6 years on a CUE we both thought was a sure thing because I had the medical evidence and so did the VA at the time.   I lost and the lawyer lost a 6 year investment.  I think he quit representing vets after my case.   The VA pulled every trick in the book in my claim to deny me.  I got my TDIU , but I did not get the money I still believe they owed me for 30 years of retro.   If you want that retro pay you will need a lawyer or a guy like AskNod  to jam it through and avoid the miles of red tape and booby traps.  I know you earned your pension and your other benefits, but you must jam in down the VA's throat because they don't want to pay years of retro.  I had a lawyer and I still lost,  so it is not a easy and there is no justice in the system only a payday if everything falls just right. 

 

               John

[Navy04]

Totally agree with the guys above. We did not ask to be sick, but also the VA will not willingly give us anything. So many of us Vets lose, even when the Evidence is right in front of the VA. Or they low ball or issue a ton of 0%s, which is bull crap. How can any disability big or small, only garner a 0%. You give the VA hell, and keep on trucking bud. Good luck

[john999]

As soon as you go beyond the "Benefit of doubt" and get into "reasonable minds and the concept of your evidence being "debatable" you are in "Plan Nine from Outer Space" .  The BVA and CAVC can twist a case that is obvious to a high grade moron into a denial.  I often think that if you cannot get your claims done at the VARO level you are in serious trouble because it just gets worse.  The opposition gets more fierce and your representation gets more impatient for a pay day.  If you can't win at VARO level good luck spinning your wheels between BVA and CAVC.  I spent years on the "Forbidden Planet" of the space between the BVA, CAVC and Federal Circuit.  Evidence is all and a NOD is second.  I lost a strong, strong claim because I did not file a NOD in 1973.  I regret being so crazy I did not somehow track down the appeal rules for my original claim even though the VA did not supply me with them at the time.