ptsd My Denovo Review Results...

[BoonDoc]

I had applied for a "De Novo Review" and was denied.

I went point for point as to their reasons for denial in the first place...they didn't even mention the original reasons they denied but came up with some new ones. Most of My evidence was not even listed on the SOC...they omited the secondary disabilities, and PTSD that I had asked for their consideration just 3 weeks ago...

I will appeal to the BVA...just have to figure how the best way to do it is

I will open a new claim for secondary conditions

I will open a new claim for PTSD. This way it can't get lost in the paperwork as it deems to have done.

It gets harder to stay sane the seeper I get down this rabbitt hole....maybe I'll come out better taking the "red" pill, or maynbe the "Blue" is better...go ask Alice when she's ten feet tall....

FTVA

BoonDoc

[Pete53]

Doc:

Please don't give up on this. Rest up and come back and lets work on your claim.

[Vike17]

Boondoc,

As I have said many time here on Hadit, your secondary claims may be out of the jurisdiction of the DRO and may need to be resolved by the Rating activity. The same goes for your 'new' claim of PTSD. If I were you I would write a letter to your regional office officially claiming those above mentioned claims. The DRO may or may not have taken action on them. Be on the safe side and write the VA a short letter claiming the secondaty conditions and 'new' claim for PTSD.

As far as the PTSD, do you have a verifiable stressor or any combat awards? do you have a diagnosis of PTSD with a statement from a shrink linking it to your stressor while in the service?

With regards to your DRO review, I"m willing to bet you do not have one of the three basic components of service-connection. If you decide to take these issues to the BVA, keep in mind the VA must first decide your new claims (the secondary issue you want to claim and the new claim for PTSD) before your C-file will be forwarded to them.

Vike 17

[Hoppy]

BOONDOC,

The RO like to read doctors reports. Any personal opinion of the veterans that go beyond the simple filing of a claim that you think there is a connection between your current condition and something in the military is not the type of stuff they like to read and there is a good chance they won't read it unless there is good medical evidence attached. They are supposed to schedule a C&P if your claims are plausible. If you have something to say tell it to the doctors. They did not read anything I sent them for a period of 5 years. Finally, I got a doctors report and things started moving. That was prior to the veterans assistance act.

Find out what the three components of service connection are and make sure any doctor addresses them all. Plus PTSD needs a verifiable stressor. It used to be called the three elements of Caluza. In the old days if you did not have the three elements of Caluza the RO would deny the claim and hang a note on the outside of the file that said not "not well grounded" it would not be opened again until it got to the BVA and there your best hope is that it would be remanded for further development. To re-open the file at th RO you would need to file new doctors reports or a very compelling argument written by the veteran. I got them to re-open a claim without a doctors report by telling them that my disease had multiple names and they denied the claim even though I was infact treated for it by another name and that it is recorded in the SMR.

[BoonDoc]

I asked the VA to consider the secondary disabilities after filing the initial claim...then about a month ago I asked the VA to consider the PTSD while deciding the initial claim. I called and asked the VA RO and they said i needed to just write a letter and ask the VA to consider whatever I wanted.

They di not address them...so I will file a seperate claim for each, secondary disabilities and PTSD.

I have a current diagnosis of PTSD with agoraphobia, and have a written nexus in my VA MR's and the psych. MD told me that I was not employable, and that my PTSD was one of the reasons and I have had treatment for symptoms since active duty, but only recently, within 6 months, given the diagnosis of PTSD. I have the stressor in my SMR's so I have the 3 required things for a PTSD claim...the doctor is the one who told me to file a claim when I was at my visit.

I need to step back like Pete said and come back when I am not pissed...I know they have a job to do and I am trying not take it personally, but when it's me that is affected it kinda hard right now...so the weather is good Sunny and 74 today...I won't be thinking of the VA, my claim , my ex-wife #1, my ex-wife #2, my past nothing but a big glass of iced tea and smoke today..then I'll come back when I can think as straight as I am able.

Pete, Vike , Hoppy thatnks for taking the time to respond...sometimes giving up sounds good but I know if I continue I can get it especially with my LCSW and MD backing me on the PTSD, and secondary claims too. I'll come back when

I can see straight.

Boondoc

[betrayed]

deleted

Edited February 22, 2007 by BETRAYED

[betrayed]

I was in a hurry this morning on my way to the VAMC when I answered this post. I assume you filled a NOD and you got a SOC back and what you expected to be addressed in that soc wasn't addressed?

If you answered yes to the above I now assume that in your SOC it says “review under this section encompasses only the decision which you have expressed disagreement in the Notice of Disagreement.”

This happened to me I filled a NOD, I then filled additional evidence. When I got the SOC and denial there was no mention of the additional evidence or of anything I wrote to them in the letter that accompanied my additional evidence. These words “review under this section encompasses only the decision which you have expressed disagreement in the Notice of Disagreement.” mean exactlly what they say, if you didn't spell it out in the NOD forget it you screwed to anything else. After this happened to me any additional evidence and correspondence sent by me has been in the way of a statement in support of claim. I believe they can not ignore these and have to read and consider them............................just my 2 cents