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

[Objee]

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

Betrayed,

If the new evidence you submitted after you sent in the NOD pertained to the stuff you were protesting, it should have been considered by the DRO. If however, it expanded on your NOD complaint or actually introduced a new disability, what has happened in the past is that the new evidence either falls through the cracks or is treated as a new claim separate from the NOD.

I can't find any direct guide to the DRO on how to treat this kind of situation, but clearly there is one somewhere.

Ralph

[rdawg]

Here's the story I get from the 800#....

File the NOD on condition 1

ask for a denovo review

Submit new evidence on condition 1

Submit evidence on condition 2 and 3 and open a new claim

The denovo review will happen first. It should include all evidence of record, including the new evidence you submitted.

If the benefits are granted for condition 1 then condition 1 is moot and condition 2 and 3 can now be worked.

If the benefits for condition 1 are not granted then a SOC will be generated.

Condition 2 and 3 will not be addressed in the SOC.

The claim on condition 1 will go back to the rating board to decide on the new evidence that was presented after the NOD.

Condition 2 and 3 will also be worked at this time.

I filed a NOD on 28NOV2006 on condition 1

asked for a de novo review

submitted more evidence on condition 1 05JAN2007

submitted evidence on condition 2 and 3 05JAN2007 along with a Statement in Support asking to open 2 new claims.

The RO acknowledges the evidence received for condition 1 but not for condition 2 or 3

evidence for all conditions was in the same IMO.

go figga

[Pete53]

I got lost its to complicated for me.

[jbasser]

Berta posted the DRO job desccription on this site some time ago. It would be interesting to see the actual reasons and basis the denial was based on. I have always said that some Varo's are like a chinese fire drill. There is so much confusion in the system it is a wonder they get anything correct. I guess it is because of the backlog of having so many claims.

It would be wise to bypass the DRO in your case and get to the BVA.

[Vike17]

Boondoc,

"I have the stressor in my SMR's so I have the 3 required things for a PTSD claim"

I don't think you have the three requirements of a claim. In this case for PTSD, you need to show an inservice stressor which was something that was life threatening or made you fear for your life, a current diagnosis of PTSD, and then you need a shrink to write a nexus statement showing your current PTSD is due to the inservice stressor. In previuos post to you, I stated that just the mere fact of something being noted in your SMR's does not mean that service-connection is warranted. In your case, was certain medical treatment the actual stressor, or was it some type of counseling after your alledged stressor took place? There is a big difference. If it's the first, like I said to you in previuos post, I'm not sure if some type of actual medical treatment would warrant a stressor, unless it was some type of sexual assualt by the treating physician. However, in your case you said the 'stressor' was listed in your medical records and I don't think the doctor would actually write he/she assulated their patient in an medical record entry. Even it it was the later, meaning some type of counseling after a stressor took place, you'll more than likely need a nexus statement from a shrink stating your current PTSD is due to that stressor in the service, especially if it's been awhile since your discharge. The VA will also need to verify that 'stressor.'

"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'm willing to bet that when you brougt up the additional claims during the DRo review, they were taken as an "informal Claim." If this is the case, you would still need to submit a formal claim, in this case something in writing because ytou already have a VA Form 21-526 on file for your orinal claims. Bofore the VA can start processing a claim, they need a "formal claim" to do so. You effective date should be the date you brought up those additional issues with the DRO.

Vike 17

[Hoppy]

Boondoc,

Vike17 knows what he is talking about. A doctor just cannot say that you have a PTSD stressor. He has to give a very coherent statement as to how he made the determination that a PTSD level stressor occurred while in service. The M21 does allow for a doctor to make this type of determination in unreported assault claims. However, the secondary evidence of a stressor noted by the doctor must be consistent with a life threatening event that meets the DSM IV requirements. If you walked into a clinic while you were on active duty and told a doctor that you were almost killed in a bar fight and the doctor noted your comments this would probably not be sufficient for service connection. Now, if you had the bruises and cuts and a police report to back you up and these were noted in the file then you have a chance. I filed an unreported assault claim for PTSD. It was denied. The DRO spelled out for me in great detail the types of evidence he wanted. I got the M21 requirements for PTSD due to unreported assault. I got doctors to try and write a report that meet these requirements. The DRO shot it down. However, I had sufficient evidence to advance a claim for an anxiety disorder based on the symptoms noted in my SMR. Read the M21 and advance your own claim. Do not rely on somebody else to do it for you.

If you were treated or reported psychiatric symptoms while you were on active duty or during the presumptive period you should consider expanding your claim to include any psych condition that can be related to the symptoms you reported. I filed a claim for PSTD, anxiety disorder, schizoaffective disorder and any other psych condition to be determined by exams. You need the inservice event or symptoms that are recorded, a post service diagnosis and a nexus between the inservice events, diagnoses and any chronic post sercvice condition to open the door for service connection. There are still other barriers. However without these three elements the door is still closed.

In any event, if you are disabled by a psych condition continue with your treatment, and do not give up on the VA. Your type of claims sounds difficult but not impossible. The best and fastest way to get evidence is by staying in treatment and having the doctors review your SMR and noting your symptoms and progress. C&P exams can work, However, they do have their limitations and can take years to unravel. It would be best to get a referal to a psych clinic if you are not in treatment now.