PTSD Denied with a Not Service Connected but PTSD - Combat related description

[SHef]

I am currently at a 90% rating and have been fighting the appeal status for a PTSD rating for the last few years.  I just saw that my Higher Level Review was closed yesterday with no change to my E-Benefits.  What I am struggling with is that they have PTSD described in my disabilities and classify it as "Not service Related" but the "Related to" section it shows PTSD-Combat.  How can I have PTSD from COMBAT that came from incidents that happened while I was in COMBAT but its NOT service related!!!!  I have over 500 pages from my VA Psychologist showing that I have PTSD and they still denied it.  I haven't received my letter from the HLR to see what the appeal has stated but I don't see a change in EBenefits.  

Has anyone else had this issue?  If so, what have you done to prove your case?  

[broncovet]

Have you ordered a copy of your cfile so you can CONFIRM ALL your documents are there?  

Why do I ask this?  

Well, if your VARO is the same as mine or even another VARO, the VA's "favorite things" include losing our criticial documents.  Hopefully you have, or can obtain another copy.  I cant tell you how many Veterans have been denied because of "lost service records", but I can tell you it happens often enough that there is a regulation pertaining to just that!!  Here it is:

38 CFR 3.156 :

 

c) Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph (c)(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

[Berta]

Your initial post stated:

"has anyone else had this issue?  If so, what have you done to prove your case? "

MANY here have had to prove a stressor.

As Buck asked- do you have the CIB on your DD 214?

Do you have the CAR on your DD 214?

What was your inservice MOS?

The Convoy IED - how were you affected by that- did you know any service personnel who died in it?

Were you part of any retrieval of any KIAs in that incident?

Have you googled your unit's web site or any other site to support that your base was bombed?

Why did that bombing directly affect you? 

What unit were you in? and when

-Can you give me the entire designation of it?

Please read my article here on defining a  Stressor, what a buddy letter involves, and also the 2010 PTSD regulations are in that post too.

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[Berta]

to add---the 90% SC you have now- is that for combat related injuries?

Is any of it a rating for a MH disability?

We could help more if we could actually read the denial from the VA.

[SHef]

As soon as I am able to scan it in I will attach the denial.  I just checked VA.gov again and it’s reopened with “The Veterans Benefits Administration is correcting an error”. 
I found this website https://archive.defense.gov/news/newsarticle.aspx?id=29548 to show when the rocket hit the base.  During that time I was a jet mech on the flight line doing a TA.  I am working on getting buddy letters now.  I’m not sure I can submit them during the HLR though.  It says no new evidence is to be submitted.

Thank you guys so much for all the answers.  It has been so helpful reading everything.  I have been fighting this for the last 5 years.  It’s been pretty exhausting.  

[Berta]

The VA might have buggered up something very important- I feel this is GOOD News!

They make a lot of errors!!!!!!

I asked for the decision to see if they made a CUE- but it  looks like they did commit CUE and caught it!

Try to be patient until the " error" is resolved.

It is absurd what they put so many of us through. I often do not think literacy is a requirement to be a VA rater.

 

 

 

 

[kanewnut]

10 hours ago, SHef said:

 I am working on getting buddy letters now.  I’m not sure I can submit them during the HLR though.  It says no new evidence is to be submitted.

You can’t submit new evidence for the HLR. If you are in AMA you can submit another suplemental claim or go to the BVA.