Ptsd claim

[DebbieS118]

Two years ago my husband was diagnosed PTSD from a veterans contract psychologist. Although he is 66 years old, and the Vietnam war has long been over for decades his symptoms did not appear until he became sober five years ago when he quit the alcohol. He never actively seemed help for his alcoholism because he was self medicating. The psychologist send him to a va psychiatrist for medication. Both doctors believe his ptsd was caused by the anxiety of being on standby to deploy to Vietnam for 5 months. He started drinking heavily while in Okinawa and by the time he  was discharged he was already an alcoholic.

To make a long story short, he filed a claim with VA. Of course he was denied. Did a reconsideration claim. Said he needed new/material evidence which was sent in. It was a dbq for ptsd. We received acknowledgment of the new letter stating it was indeed new evidence and claim would be going to rater. Got another denial of claim 2 weeks later saying they never received new evidence so reconsideration claim was denied.

Now what? This process is so frustrating makes you want to quit

[Buck52]

IT WOULD HELP IF YOU CAN POST A REDACTED COPY OF YOUR HUBBYS DENIAL'S??(black out name and claim # or SS # and any other personal information.

Why did they deny him? was it because they din't have the evidence that you sent in with his claim? or  all claims?

what is the evidence you have to send in?

as I understand it your hubby was not  actually sent to Vietnam but had fear of being deployed to Vietnam? 

knowing why he was denied will help hadit members help you.

Edited December 23, 2017 by Buck52

[DebbieS118]

Attached are the copies. First letter received 11/29 stating it is new evidence. The evidence was a dbq from his doctor.

second letter states they never received new evidence.

it also states on the letter his benefit amount remains unchanged. He doesn’t get any benefit

[broncovet]

Based purely on what you posted, VA is lying.  To reiterate, you said:

VA would reopen due to new and material evidence.  You send in new evidence.  They admit to reopening it (that they received your new evidence).  

(Note:  Reopening due to 38 cfr 3.156 assumes there is new evidence.   If they reopened it, "somebody" found new evidence sufficient to reopen.  And, it had to be "material" evidence, because this requires new AND MATERIAL evidence to reopen)  

Then they deny it saying they never received your new evidence.  

They contradicted themselves, saying they reopened due to new evidence, then they said there was no new evidence.  

You need to file a nod, and note this "discrepency".   And, of course, resubmit the new evidence AGAin, THIS TIME TO THE EVIDENCE INTAKE CENTER CERTIFIED MAIL RETURN RECEIPT REQUESTED.  

Dont call them a liar as I did, but be nicer and call it a "discrepency" or contradictory.  It wont help you to call one of their own a liar, even if its true.  

Or, try being "extra nice" taking the blame yourself, and say, "Oh yes, here is your new evidence, I must have forgotton to send it all in or sent it to the wrong place."  (Possible).  

Edited December 23, 2017 by broncovet

[Berta]

I see this differently Broncovet- and I do value your opinion, because I failed to see the word 're-open' in the scans but will re read it all again.

What I see here is this-

Claim filed 4-7-2016

Claim denied 6-6- 2016

You had one year after 6-6-2016 to file a Notice of Disagreement. I saw no NOD was filed by 6-6-2017.

On November 29, 2017 ,months past the one year time frame-they say they received the DBQ from Dr. Haynes, dated October 31, 2017.

But that letter says you requested “ reconsideration”. The claim was out of the reconsideration date range because no NOD nor any reconsideration request  had been filed within the one year appellate period from the June 6, 2016 denial.

Since they acknowledged receipt of the DBQ, I feel the claim can be re-opened with the DBQ from Dr. Haynes.

If you chose to re open, send them another copy of the DBQ,to make sure they still have it., and copy of anything from his VA medical records to support this:

" Both doctors believe his ptsd was caused by the anxiety of being on standby to deploy to Vietnam for 5 months." I assume maybe one of the doctors was Dr. Haynes, but anything ,documented in his medical records, to support this claim ,from a second MH  doctor should help.

Does your husband have a copy of his inservice Med recs and a copy of his 201 (Personnel file)?

 

 

[Berta]

One other thing- they said they had his VA treatment records from 6/28/2012 to 4/15/2016.

Were any of those treatment records specifially for PTSD and/or for any anti anxiety meds?

Was he ever in the 21 Day inhouse PTSD program?

[broncovet]

Berta..You are correct.  I based my response on the Op's own interpretation, assuming the OP had a letter that VA was reopening due to N and M evidence.  If the OP has such a letter, and did not just guess, then she should have them by the nutcakes.  Unfortunately, if the OP got a phone call from the VA/VSO, that wont do.  

The OP posted, 

Quote

We received acknowledgment of the new letter stating it was indeed new evidence and claim would be going to rater. 

Maybe the OP needs to scan and post this letter!  

Edited December 23, 2017 by broncovet