Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Claim denied with favorable private & c/p exam DBQs

Rate this question


FlyboyLeRoy

Question

  • Answers 19
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Posted Images

Recommended Posts

  • 0
  • Moderator

Well, yes, you have to have an "in service event", but documenting that can be done several ways.

1.  In service medical records.  But that is not the only way!

2.  Buddy letters.  Did one or more of your buddies witness the "stressor"?  

3.  Were you in combat?  The Va is required to ease the stressor verifications for Vets in combat.  

    Do you have a PTSD diagnosis by a VA doc?  This already suggests an "in service event", because the doctor would have probably had to ask you about it prior to a diagnosis.  They Va can not simply dismiss your testimony "based solely" upon the fact you are an "interested party".  

    Was this a HLR or SCL denial, or BVA denial?

1.  If its a BVA denial, I suggest you hire an attorney to appeal to CAVC.  EAJA will likely pay your attorney fees.  

2.  If its a HLR or SCL denial, then I suggest you appeal to the BVA..perhaps also submit buddy letters or other documetation of your "in service stressor".  

Link to comment
Share on other sites

  • 0
8 minutes ago, FlyboyLeRoy said:

Statements also explains why issues weren’t mentioned in service for fear of losing secret clearance and being kicked out.  

FF221914-0895-4212-90B1-F1D73F6493B1.png

So, if they want an "in service event" perhaps you could obtain a buddy statement to support that, if you have someone you could contact who knows details to your circumstances.

They are also looking for a Nexus, from your VA doctors (PTSD needs to be verified by VA doctors - which you stated you have some medical evidence for)

I find it strange that they examined you and yet an exam was not warranted, anyone know why they would do this, and then NOT issue exams for other contentions when there IS medical evidence, etc?

They said your statement is not corroborative because maybe it doesn't provide enough detail, or has conflicting timelines, or something else, without seeing it we can only guess.

(SC 70% PTSD myself) Hope I can help!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Well not knowing what all the evidence you turn in its hard to help you?

Who wrotr that about  

The VA screwed you around ''it looks like they denied your claim for PTSD 2/02/2020 and stated the following;;   was this your VSO? 

You know you need a VA PTSD Diagnosis and you need to prove your stressor , unless your a combat vet and you have a CIB on your DD 214.

if not then you may need buddy statements to help you with the stressor and a VA PTSD Diagnosis    and possible lay statements from family and friends that have know you for years  to comment on your behavior as to how you were before military and to the present after you got out   ect,,ect,,,

It looks to me they denied you for all these reasons?

if you did submit all the Above  then Appeal this decision

Link to comment
Share on other sites

  • 0
23 minutes ago, awgv001 said:

So, if they want an "in service event" perhaps you could obtain a buddy statement to support that, if you have someone you could contact who knows details to your circumstances.

They are also looking for a Nexus, from your VA doctors (PTSD needs to be verified by VA doctors - which you stated you have some medical evidence for)

I find it strange that they examined you and yet an exam was not warranted, anyone know why they would do this, and then NOT issue exams for other contentions when there IS medical evidence, etc?

They said your statement is not corroborative because maybe it doesn't provide enough detail, or has conflicting timelines, or something else, without seeing it we can only guess.

(SC 70% PTSD myself) Hope I can help!

Thank you. I start therapy with the va this month. I submitted a buddy statement and also statements from my fiancé and coworkers. I also don’t understand why they’d give me an exam if it wasn’t warranted.  Which tells me their response is bullshit. 

Link to comment
Share on other sites

  • 0
27 minutes ago, awgv001 said:

So, if they want an "in service event" perhaps you could obtain a buddy statement to support that, if you have someone you could contact who knows details to your circumstances.

They are also looking for a Nexus, from your VA doctors (PTSD needs to be verified by VA doctors - which you stated you have some medical evidence for)

I find it strange that they examined you and yet an exam was not warranted, anyone know why they would do this, and then NOT issue exams for other contentions when there IS medical evidence, etc?

They said your statement is not corroborative because maybe it doesn't provide enough detail, or has conflicting timelines, or something else, without seeing it we can only guess.

(SC 70% PTSD myself) Hope I can help!

I had a nexus from my private and the examiner also agreed it was 50% or more likely from service. 

Link to comment
Share on other sites

  • 0
31 minutes ago, broncovet said:

Well, yes, you have to have an "in service event", but documenting that can be done several ways.

1.  In service medical records.  But that is not the only way!

2.  Buddy letters.  Did one or more of your buddies witness the "stressor"?  

3.  Were you in combat?  The Va is required to ease the stressor verifications for Vets in combat.  

    Do you have a PTSD diagnosis by a VA doc?  This already suggests an "in service event", because the doctor would have probably had to ask you about it prior to a diagnosis.  They Va can not simply dismiss your testimony "based solely" upon the fact you are an "interested party".  

    Was this a HLR or SCL denial, or BVA denial?

1.  If its a BVA denial, I suggest you hire an attorney to appeal to CAVC.  EAJA will likely pay your attorney fees.  

2.  If its a HLR or SCL denial, then I suggest you appeal to the BVA..perhaps also submit buddy letters or other documetation of your "in service stressor".  

Thanks. It’s non combat. And I meet with the va doc this month. I’ve only had the orientation part for mental health. I included buddy statements and some from my fiancé and coworkers too. This was a fully developed claim. Now I am not sure what else I need to submit since I had everything needed, or so I thought, to prove connection.  

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use