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Reopening a PTSD claim

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bc0311

Question

I'm new to this site, and somewhat novice with claims as I've ignored them since my discharge in 2012, but I have some questions that I've yet to find answers for that hopefully someone can help me with:

In a nutshell, my story is I did my four years, two hellish combat tours to Afghan, got out in 2012, immediately filed my claims for a few disabilities like back and shoulder issues and got a 40% rating total. I've since not looked back as none of that concerns me. My issue now is that I was sent to a mandatory PTSD screening during one of my visits that year, and the examiner kind of went about the thing blase, and although I did tell her most of my traumatic experiences, she gave me 0% for "Combat PTSD not related to military service" as it says in their justification, whatever that means. I don't think they even attempted to listen to me as my experiences were extraordinarily traumatic and have been a detriment to my mental health and quality of life since. And yet I now have an effective date of a PTSD claim from day of discharge 6 years ago for 0%, says it right on eBenefits. I think you know where I'm going with this...

After 6 years of dealing with a slew of issues related to PTSD, I decided this week to start looking into trying to re open the case. My questions for you are.... Would I be entitled to any back pay if I could prove that I've suffered from PTSD since then, and that they made their original decision in error? And if so, how could I go about receiving the exact paper work / medical records from that one specific screening I had in 2012? I've looked everywhere and I don't really know how to navigate either of these situations... 

Thanks a lot!

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  • HadIt.com Elder

''So back to my original question... If I re-open my original claim and submit all of my evidence, will this prove they made an error, and if so, am I entitled to actual compensation and possibly backpay''

 My Answer is

YES YES YES

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It says CAR on the scan.

Do you mean the Combat Action Ribbon is on your DD 214?

"Does anyone have any advice for me regarding my questions?"

We really need to see the denial for PTSD when you get your records.

If you tell me what VARO denied , I might have some contact info for them and you could call the director's office or one of the VSCMs they have , and see if they can mail you a copy of the PTSD denial decision.

Or you could request a copy of the denial via IRIS :

To get to IRIS, go to https://www.va.gov/, then click on the Contact Us thing, then click on Ask a Question, then VA will redirect you to IRIS ,fill in the info areas and then ask them if you could receive  copy of the PTSD claim you filed on  (date) and that was denied.Ask fo an email reply so they cant make something up by phone.

 

Obvious they made a PTSD decision because they consider this as a re opened claim.

 

"So back to my original question... If I re-open my original claim and submit all of my evidence, will this prove they made an error, and if so, am I entitled to actual compensation and possibly backpay? "

Maybe my initial answer was not clear:

"If I re-open my original claim and submit all of my evidence, will this prove they made an error, " not necessarily-

and dont depend on the VA to look for any past errors they made.

If they consider all of your evidence and diagnose you with PTSD from service (due to the results of a C & P exam with a MH professional)and they award the re-opened claim, then,depending on the rating, they will award you a retroactive payment back to the date you have re-opened the claim.

Then with that ammo ( the Award letter) you can file a CUE on their denial letter.

We have plenty of info here on how to do that.

Will that get you more retro? Yes, but only  if you win the CUE claim and the PTSD was at a ratable level when they denied it..... Ratable being at least at 10% when they denied, based on medical evidence in their possession at time of the denial.

Something is wrong here...but we cant figure this out until we see the actual words of the VA.

 

I have given this advise here many times, because I am a hardcore VA claimant.

Buy manila folders and make sure you save everything you get from the VA.I have 4 plastic totes full of tabbed manila folders describing  all the paper crap I have received from the VA since 1994.Also in those folders are my husband's VA stuff he got ,before he died.

My last award , about 2 1/2 years ago regarding my deceased husband, was based on a 1997 medical report and

I have his original 1983 award for PTSD in one of his folders.

I cant stress this enough because I know that  dealing with them gives anyone more stress, let alone a vet who already has PTSD and once you get  things organized it sure helps to find what you need.

Every vet needs a copy of their SMRS and inservice personnel records, also copies of their C file, and copies of all of their VA and private medical records.

 

 
 
Edited by Berta
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  • HadIt.com Elder

on the ebenefits status report he posted it says he is NOT service connected for combat PTSD.

Now this is obvious an error or typO.

He may need to call his R.O. And request they change that and put the correct rating  on  if he has been 0% S.C. for PTSD .

   Getting service connected is the hard part  even if its at 0%  he can always disagree and Appeal that decision  beings this is a REOPEN then the correct 0%S.C. Should Suffice .

or ask for increase present new evidence from  A QUALIFIED DR'S OPINE  as worsen & to show his Dx and his 0% S.C.  And request the correct rating according to his symptoms or rated to the highest % extent of the Law.

I have no doubts he has been S.C. for PTSD....but it seems the VA has made an error on his benefit status. they should produce these records that show he is 0%S.C. UNDER DUTY TO ASSIST.

Edited by Buck52
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Thanks for all the help everyone.

Based on what I've learned here from you all, I've requested my records and will begin getting things together to re-open the claim. If I succeed in getting the claim SC, I will file a CUE because they certainly made an error from the beginning. I'll start researching the best way to do that. 

Thanks again!

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So guys, some new issues..

I got my records from the VA today. I posted the relevant pieces from the aforementioned meeting. There's a picture of two of the several major stressors I explained, each one meeting the criteria for PTSD, as she noted. Then, the only other information shows that although I meet the criteria, her justification is that I don't have SC PTSD. There is no mention of any of my symptoms and they never followed up and asked me for additional evidence from further assessments. I think this is BS, however... this is probably built in deniability for the VA correct? Now they can just say their opinion was that I don't have PTSD because of her opinion? So a CUE would not work here?

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Edited by bc0311
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You Can't CUE this- you might be able to CUE their actual decision as to their exact rationale.

 

 

Edited by Berta
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