Jump to content

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

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

PTSD due to MST claim

Rate this question


Jojotupelo

Question

I am filing a supplemental claim this week and have had absolutely no help from my VA whatsoever in 3 years, and have can not find a VSO that has experience with a claim like mine so was looking for help.  A little background....

Originally filed 2017.... denied.. reviewed due to mishandling by the VA and subsequently denied again for "no new or relevant evidence" (even though it was reopened by the VA, not appealed by me, and the burden of producing any new evidence was not mine because it was a review) Within my Cfile the review officers found errors, just small ones like overlooking evidence, not giving me a c and p exam,  and they wrote in there if they had not committed these errors the decision would have been different. But even with all of this,  when I file the claim is going to be put right back in the hands of the morons who have f***ed me over twice already!! So..... hope do I have my claim moved to a different regional office, and I'd there someone I could present my evidence to to get an opinion of my claim and what I might need ? Thanks for any advice

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

JoJo This is totally my opinion and you may get others that will disagree, but  when the VA makes errors and if you are correct, don't correct them when given the chance on appeal, I would strongly consider getting a good lawyer. They often don't dig very hard when it is already denied on appeal. If you submit a supplemental claim, it has to have NEW evidence, not what already has been reviewed. You might consider a lawyer and go to the BVA on appeal. Yes it will cost you 20%, but if you talk to a few, they will give you a good indication that you have a case just by saying they will take your case. Otherwise, you really have to dig in to 38CFR and know how to present your case. 

Link to comment
Share on other sites

  • 0

Well, not sure about this claim. When the claim was filed, what type of evidence was filed? Did you have a police report? Buddy statements? Emergency room records? If you had any records that were filed, was it considered in your decision letter? Look at your decision letter and see why you were denied and what records did they reviewed. They may have missed something.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

PLEASE PUT A REDACTED COPY OF YOUR DENIAL UP SO WE CAN READ IT AND HELP YOU OUT.

COVER NAME (BLAOCKOUT) CLAIM # PERSONAL INFORMATION,

WHAT DID YOU USE FOR  EVIDENCE?  ON THE FIRST CLAIM?

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

My initial claim wad extremely weak. I wad in treatment when I filed, and or was extended by 90 days so by the time I'd gotten out the VA had already made a decision on the claim. I was preparing to appeal the decision when I received a letter stating they were reviewing some 6000 claims that were mishandled in 2017. 

So as it is now I have a nexus letter, several dsm5 diagnosis and I feel as though I have addressed all of the reasons for denials that were stated. But I've seen so many strong claims denied that I don't feel good about any of it and my year deadline is fast approaching. December 12

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

As suggested then, remove your personnel info from the decision letter and forward so we can see why you were denied.  What is the date of that letter?

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Jojotupelo

IF YOU HAVE NOT DID THIS YET?

Have you seen a VA, MH MST COORDINATOR?  IF SO DO NOT MENTION A CLAIM TO HER/HIM  THEY DO NOT WORK CLAIMS. ... ASK FOR TREATMENT AND READ YOUR TREATMENT NOTES (IN MYHEALTHEVET NOTES AND MAKE COPIES) to simply read what theses Dr's and therapist are saying about you...but please know its the veterans responsibility to show evidence to prove your claim ,  medical records is the best evidence   and of course prove the incident happen  and it don't  matter where it happen at  on the base or outside the base,,,please know that.

Your more than likely be diagnosed with more than just PTSD ..in MST Cases that would have a lot of other mental issues involved and they use the word unspecified MH Disorders The MH Doc's Will break each one down and specify the mh disorder  MDD AS WELL AS OTHER MH DISORDERS.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use