ptsd Dav Rep Said Get A New Doctor

[kris]

Here I am again asking for your help. I have several questions

When I saw my DAV Rep over 2 years ago he told me I could only file one claim at a time. So I filed for PTSD. Ok did not get PTSD but got panic attacks and major depression 50%. My first question is my psych doc's I see once a week for almost 2years plus PTSD classes second time around. My Doc's say I have PTSD but the C&P Doc I only saw for 20 min says different. Does it even matter what mental condition you have?

2nd Question I stood in line out in the cold from 6:00 in the morning to 7:30 and then waited another 4 hours inside my DAV's office just to have him tell me I could not file a claim for my back until I got a Doctor to say I was SC. I told him I only had a NP as my primary and a pain Doc that I am lucky to see every 3 months for meds for about 5 minutes. I have tried to show both the NP and the pain Doc my service records and they are just to busy to take the time to look at them. It is very clear in my records that I had back problems in service.

My DAV Rep also told me that a NP is not quailifed to give a SC and I would have to get a new Doctor. Is this true?

And would my pain Doc be quailfied. Also how do you get a VA person to look at your records if they are too busy.

Sorry for going on but the DAV Rep wouldn't even take the time to look at my smrs. There is only one DAV rep in my town that sees 20 veterans a day thats what he told me and he thought maybe there might be a second one soon. I hope some of this makes sence.

thank you Kris

[jbasser]

Kris, Dump the DAV yesterday. They have given you the wrong advice.

First of all there is no limit to the number of claims filed at any given time.

Second, a NP is a nurse practitioner. ( practioner is the practicing of medicine)

Their opinion is as good as a PA or MD. I believe their supervisor ( MD) has to sign off on the NP;s work including C@P exams.

The DAV is not correct about your situation. I would write a letter stating you want to withdraw your POA from the DAV on a certain date. Keep copies of the letter. Send it to the Regional office certified mail.

Go ahead and file your back claim based on the records you have. It would not hurt you to go to the walk in clinic at the VA and tell them your back is hurting and you need help. The ER Docs must treat you. They may even give you xrays. That would jump start your claim.

What kind of back trouble are you having?

Edited April 15, 2007 by jbasser

[JohnM]

Kris:He is definitly wrong; Go on the internet Punch in claim forms ( 21-4138) statement of claim Start by saying

This is a claim for all VA benefits to which I may b entitled, including but not limited to, compensation for (XYZ) I am submitting this informal claim in order to preserve the earliest possible effective date any benefits to which I may be entitled. write any and all problems that you may have down. Make sure you have two of then, He must except this form have him stamp both of them one copy for you (DO NOT GO ONE AT A TIME) other wise you are just continually going to file a claim, Remember that they love paper work all kinds of it. Go through your medical records and hand them in also only give them the ones that state your illness, and would help your claim. Also it would help if you can ask them to write a statement in your behalf if it is at least likely or not cause by military service and explain to them that you are making a claim for VA Compensation. When they send you for a C&P its up to them to state if it is at least likely or not related, If they do then its a win for you.Good luck

JohnM's Wife Dianne

[kris]

jbasser

Thank you for your time. I have had 3 back surgerys since problems in the army. I now have one herniated disc and 2 bulging for the last 4 years, they keep coming back in different spots. The first 3 surgs were on the same L5 S1 disc, herniated 3 times.

So should the DAV rep of filed a claim for me or do I need to get my NP to look at my file and SC first.

Also Cervical herniation and some bulging but feel funny filing a claim on that. In service I did have a accident and a cervical strain, but really haven't had problems in 30 years until now.

[JohnM]

To get the Statement of Claim form Go to

www.invsoa.homestead.com-forms when that comes up go to forms and arrow down to form 21-4138 you can then type it out.

[kris]

John m;

thank you, can't believe I waited all that time for that guy in the cold weather.

[Hoppy]

kris,

Your SO might be right about getting a doctor to write a nexus letter. However, the NP could be sufficient to get the ball rolling. The SO could be advising you to get the strongest evidence possible by getting medical specialists to write the report. If the SO took the time to read your SMR, he could be of the opinion that the in service diagnosis and the post service diagnosis is to a different area of the back and the RO might not intrepret this to meet the minimum requirement to cause the VA to schedule a C&P. You say you definately had back problems. However, it can be a little more complex than having some back problems. It really requires that the SMR be reviewed. Also, it is best to get the SMR reviewed by a medical practioner than an SO.

You can file a claim any time you want. It just sounds to me like your SO does not see the connection and or he does not feel that the RO will see the connection. I am of the opinion that the best way to win a claim is to submit slam dunk evidence with the claim or in a timely manner after the claim has been filed. You can get the medical opinions from your treating doctors at the VA at no cost to you. You might need to ask several doctors, because as you have found out that some VA doctors do not wanrt to get involved. Depending on C&P examiners is not as good of an option as getting strong reports from your own treating doctors.

I won a claim without having a C&P and with reports written for free by VA doctors. It was a real problem getting the reports because the first doctors I asked did the same thing to me and made up lame excuses and lies so that they would not have to get involved.

My opinion