ptsd Nexus Factor And

[Berta]

All mental disabilities, PTSD, anxiety, depression-

unless the vet has receipt of the PH or specific combat awards on their DD 214 must be proven.

Supporting doctor's statements of "more than likely" the precipitating stressor occurred are meaningless as proof of the stressor unless the doc is an eye witness veteran and was in same unit etc same time-to witness what happened to the vet.

I just posted under Am I on the Right Track a new BVA decision.

http://www.va.gov/vetapp07/files1/0702718.txt

It is the best example so far that I have found of what I mean.

[Berta]

PS - the PTSD part is at the end of this BVA case-

PTSD claim filed June 2002-

BVA remand February 6 2007-

5 YEARS ! and this vet STILL has not received proper rep advice or a proper and legal VCAA letter.

Many here might think my situation is nuts and not believe it-

This case shows exactly the same thing I went through and others with remands having NYSDVA on the POA.

I am not putting up with this crap.This vet deserves better than this.

5 years and now a remand for more time wasted?

We pay state taxes here to fund this outfit, their salaries, their pensions, and their medical plans.

I sure am not going to continue to watch this vet rep org (NYSDVA)cause these needless years to be added to valid claims like this.

I am writing to the Governor again and sending him this claim.

And I am sending it to the task force.Let them know what Iraq Buffalo VARO vets as NYSDVA claimants will find themselves in for.

This crap is just Unconscionable!!!!!!!!!!!

[Pete53]

Berta:

I believe it it happened to me. 5 and 1/2 years to be awarded 100% not much help from SO's and almost none from VA.

I wonder how many Vets give up or die>

[john999]

The medial is focusing on the DOD military disability boards. They have not even considered the VA disability rating system yet. Between the military boards and the VA it is a wonder anyone ever gets what they deserve. Only those willing to persevere to the very end ever get what they deserve. To be 100% disabled for 5 years and be waiting for justice from the VA is just a crime. How many homes, lives and families are lost?

[Berta]

Pete -there are plenty of BVA cases and even some at CAVC that show the appeal could not be further developed because the veteran had died.

Then if there is a surviving spouse and the spouse gets advise to re-open -it starts all over again-

Rod's claims became my claims and in all- the PTSD claim took over 6-7 years.

The Section 1151 claim took 3 almost 4 years.

Both awarded at the RO level-when they finally read the evidence.

[tssnave]

Berta,

I'd like to add a caveat to your statement, "unless the doc is an eye witness veteran" regarding getting sc for mental illness: because of the internet I was able to track down the psychiatrist who treated me while I was on active duty over 20 years ago. He stated in a letter that went to VA and they cited as evidence (of what, I'm not sure since they just ignored it) that he recalled treating me for depression while we were both on active duty. The VA initially denied my claim because my National Guard records did not indicate I had been treated for depression while I was in the National Guard. Forget the fact that I never claimed to have been treated for depression while I was in the NG, forget the fact that the years I was on active duty predated my NG time, forget the units had different names, and completely ignore the fact that the doctor who treated me wrote a letter attesting to such treatment while we were both on active duty; the VA just ignored the letter from the doc who treated me while I was on active duty and denied my claim based on no record in my NG SMR!

It boggles the mind how they could deny my claim for SC when they had the treating psychitrist's letter in their hand and in my C-file but that's what they did. The DAV sent in a NOD and it took almost 3 years of them asking me for stuff I'd already sent them before they scheduled a C&P exam where the C&P doc stated that there was a nexus (we won't even get into the fact that my current doc had written a nexus letter that didn't even make it onto the list of evidence in the final determination) and my problems were still current and VA rated me 50%.

I don't want to get into VA bashing, though it's tempting, but I do want to let vets reading this know that even when you have the evidence to prove your case the VA can choose to ignore it or in my case, pretend it doesn't matter somehow. Yes, it was upheld upon appeal, but that was after 3 years.

Be prepared for a long row to hoe with the VA, even if you have your ducks in a row.

Hang in there with your claim. The more I read of your posts the more amazed I am at the absurdity of your situation. Thanks for all your posts,

ts

[USACID]

Good morning everyone.

I dont mean to sound like a warmonger, but has anyone here evera heard of a group of veterans filing suit against the VA as a class action or an action certified as a class action against the VA?