claim Reopening a PTSD claim

[bc0311]

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!

[bc0311]

Hey guys
Just an update...
So I had my new C&P exam yesterday. It went kind of like the old one did. I gave them all my stressors and other evidence but I feel like the examiner asked a lot of tricky questions to avoid my symptoms...Such as, talking about my girlfriend and how that's evidence I'm fine with people, when in reality my anxiety in crowds and avoidance of communication has been severely detrimental to my life and work. 
I did my best in being forward and honest, but I remember now the VA is going to work against you, and not in your favor. I didn't leave the office feeling like they had a solid case for me. The woman was actually kind of condescending and ignored much of what I said. 
I also don't have much evidence to support PTSD beyond my records and my symptoms. I had seen a therapist a couple times but stopped, and that's it. They were looking for DUI's and hospitalizations. 

I don't know if there's much hope for my claim anymore. I can't file a CUE and I don't really have anything new for an appeal. 
I guess I'll just wait to hear the decision. 
 

[bc0311]

Sorry to keep bugging you guys, I just wanted to run something by you as I think I found more evidence that might help with repeal or even a CUE for PTSD.

As I mentioned a week or so ago, I was involved in an IED incident which blew up my vehicle. I was hospitalized for this event, however because of lack of support at the time, they couldn't conclude any TBI. The thing is that the Drs at the time instead told me that my symptoms were all due to stress. There was never any official diagnosis of TBI or PTSD, however I have several dozen records showing that Dr's observed stress symptoms since before I was discharged. 

Does any of this help in appealing for an effective date as the end of my service, like my first claim? Or do they need an official diagnosis of the disorder? 

I need to know before I start the process. Of course, that's if they even SC me now anyway...

Edit:

I have all my records coming in the mail, but for now this is what I found in my files. It shows that the Drs who exam'd me in Afghanistan could find no cause for my heart issues and passing out beyond stress. 

I'm assuming there will be more in my records, but what do you think of this?

Edited March 14, 2018 by bc0311

[Berta]

We can help more when you get their decision-was the C & P exam done at a VAMC?

If so you can contact their records access officer to get a copy of it. 

I asked before-----do you have the CAR  (or CIB ) on your DD 214?

You stated:

 "although I did tell her most of my traumatic experiences, she gave me 0% for "Combat PTSD not related to military service" this was from the other C & P exam......

Do you have documented proof of at least one of the stressors you related to the examiner?

As I recall the last examiner said you do not meet the criteria for PTSD. There was more to that exam than you posted here....

I have no idea what rationale they used  to state that-

then again PTSD does have a unique criteria....

 

[Berta]

They also ruled out any other MH disability.

I think that "0" PTSD is a NSC"0", not a SC "0"

but that examiner did acknowledge " fear of hostile fire" (PTSD regs)

I assume that you did not relay to them the  many symptoms that are usually found in PTSD veterans.

The decision will tell more.

[bc0311]

Yes I have a CAR, with plenty of citations to boot. I gave them every record with my name on it, plus a few gigabytes of pictures. 

My stressors were not a point of contention. They are fully aware of the breadth of combat that I experienced. 

My issue now is it appears they overlooked about 2 feet of paperwork from Bagram hospital Afghanistan which show I was admitted, for two weeks, and my symptoms were consistent with none other than combat stress. The examiner appears to have completely ignored not only that, but everything i said about my symptoms. My notes from that C&P are almost completely blank save for my stressors. 

Does this not constitute an error?

[Berta]

Something is wrong here----I don't know what it is......

" My notes from that C&P are almost completely blank save for my stressors. "

That seems to indicate to me that some of the PTSD questions were  either never asked or never  unanswered.

Maybe the newer exam will have answers to those questions.