Service connected years later?

[DevilDog83]

This sounds complicated, and I may not have all the information (yet) to help answer.

I was discharged in 2006. I filed my first disability claim shortly after, for PTSD, knee/back/ankle injuries, and hearing loss. Everything was denied, as "not service connected".

Not long after, I moved to a new state.

In 2010 I filed a claim again, citing the same conditions. I was rated 30% for PTSD, with the other conditions still listed as not service connected. 

I moved again in 2012 to another state. In 2018 my PTSD was out of control, and I landed in the psych ward. I filed for an increase, and was rated for 70%.

My question is- how was the PTSD service connected in 2010 but not 2006? I've been trying for months to get my in-service records and c-file. I'm still waiting for both of those. But I've done some digging and found medical records and paperwork showing I was treated for PTSD while still in service. I did not have this information before, and I hope to have even more evidence when I finally get copies of my other files. Is it possible to re-open the 2006 claim with the new evidence? Would it make a difference? I'm fairly confident that I can prove service connection for most, if not all, the listed conditions once I can access my in service records showing I was treated for the injuries. But is it worth it to fight a 13 year old decision? 

[broncovet]

Yes, its worth it.  In a nutshell, you have to fight for it.  

Your weapons are as follows:

1.  38 CFR 3.156 C New and material evidence.  

2.  File a Cue on the 2006 decision.  

3.  You may need an attorney to fight for you, but its probably worth it to pay the attorney 20 percent and you get to keep 80 percent.

4.  Or, instead of hiring an attorney you can read up, improve your skills, and represent yourself.  

5.  Hadit member's knowledge and willingness to help.  

 

[doc25]

1 hour ago, DevilDog83 said:

This sounds complicated, and I may not have all the information (yet) to help answer.

I was discharged in 2006. I filed my first disability claim shortly after, for PTSD, knee/back/ankle injuries, and hearing loss. Everything was denied, as "not service connected".

Not long after, I moved to a new state.

In 2010 I filed a claim again, citing the same conditions. I was rated 30% for PTSD, with the other conditions still listed as not service connected. 

I moved again in 2012 to another state. In 2018 my PTSD was out of control, and I landed in the psych ward. I filed for an increase, and was rated for 70%.

My question is- how was the PTSD service connected in 2010 but no?t 200 I've been trying for months to get my in-service records and c-file. I'm still waiting for both of those. But I've done some digging and found medical records and paperwork showing I was treated for PTSD while still in service. I did not have this information before, and I hope to have even more evidence when I finally get copies of my other files. Is it possible to re-open the 2006 claim with the new evidence? Would it make a difference? I'm fairly confident that I can prove service connection for most, if not all, the listed conditions once I can access my in service records showing I was treated for the injuries. But is it worth it to fight a 13 year old decision? 

If you were being treated for PTSD, then there has to have been a diagnosis in-service for PTSD, otherwise you wouldn't have been treated for PTSD. Does that make sense?

Post one of the medical records that shows your treatment and the first page of your chronological history of medical problems, if you have that chronological history.In addition post your 2006 denial letter so we can review it.

***REDACT/Darken out all personal identifying information.***

 

[DevilDog83]

 

ok, I  think this is the right one. This is the first record I can find in the paperwork I have. I also have the referral form, but don't have the records from the actual counseling.

I do not have the 2006 denial letter, and nothing before 2010 is available in my online records. My FOIA request and RMC request are still processing, so hopefully soon I will have more information. I just gave up when I got the denial. I had 2 suicide attempts between 05 and 06, and I'd like those records. I don't think what I currently have is enough evidence. 

Is there anything specific I should be looking for? I want to have all my ducks in a row, but I have no idea what I'm doing. I'd like to have as much together and ready as I can before I get a lawyer.