APPEALING PTSD CLAIM - Best Approach?

Discussion in 'PTSD' started by whiskeymedic, Jul 14, 2008.

  1. whiskeymedic

    whiskeymedic New Member

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    I was given 50% for PTSD. My shrink (VA Certified) was shocked at such a low rating. The examiner asked me about my stressors, which were not denied. But he asked me if I had any interests/hobbies/etc. I told him I used to like camping and fishing. He asked if I was employed; I said part time. The report stated that the examiner found me to be "very neat in appearance" and I had hobbies and interests outside of the home. The truth is, I have not camped or fished since my return, and I only work part time inside my own house because I get really anxious if I am away for more than a few hours. And I was clean-shaved only because my Father is my unofficial caregiver/drill sargeant. If it weren't for him, I probably wouldn't have gotten out of bed to go to the VA in the first place. I filed for an appeal, and my shrink sent another report basically saying there was no way a 1/2 hour interview could cover everything - aside from his reports, is there anything I can do? I was considering sending a letter myself stating my arguement.
  2. TinCanMan

    TinCanMan Active Member

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    Get a VSO from one of the Veterans Service Organizations and ask hin to submit a Notice of Disagreement if your dedision is less than a year old. Otherwise, you will have to have New and Material Evidence to re-open that claim. A doctors report containing information the VA has not considered and is material to your claim should be sufficient.
  3. whiskeymedic

    whiskeymedic New Member

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    Thanks, got the letter covered; should I write a sworn statement countering the findings, or just hold off for dro and the shrink's reports?
  4. TinCanMan

    TinCanMan Active Member

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    A sworn statement from a treating physician isn't necessary. Just give the DVA the contact info and a VA Form 21-4142 Authorization and Consent to Release Information to the DVA and let them get the information direct from the doctor. You could also have the physician send a statement of his findings direct to the VA. Make sure he references your full name and SSAN.

    FWIW, your doctors observation of the C&P as inadequate is probably irrelevant. A C&P isn't an attempt at treatment or a thorough understanding, it's just looking for certain pieces of information not otherwise available from existing clinical notes.
  5. Guarango

    Guarango New Member

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    By the way TCM

    Have you seen the new Navy uniforms? Makes ya lot look like marines. Nice uniform though.

    Frank
  6. TinCanMan

    TinCanMan Active Member

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    Oh, groan. The new working uniform sux worse than the last new working uniform. What the hell was wrong with bell bottom dungarees and the blue cotton chambray shirt? Everyone wants to be seen as a warrior. Their sailors already. What ever do they need cammo's for? Are they hiding from the fish? I think the Navy has lost it's way. Thay're acting like a bunch of bitchy little girls.
  7. Sgt D

    Sgt D New Member

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    Damm TCM, take it easy on the bath tub soliders. :D Sgt D
  8. Guarango

    Guarango New Member

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    Hi TCM
    I nearly wet myself with the "hiding from the fish" gag. I suppose it may come in handy fer hiding from the Master Chief when he comes looking for ya. Lol. I suppose that if the Navy wants to do a landing craft assault and they are short on marines they can always arm up a bunch of sailors and send them with them.

    Frank
  9. ellislayne

    ellislayne New Member

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    Had a hearing before a DRO about 2 months ago, how long does it usualy take for an answer, had all my stuff
  10. TinCanMan

    TinCanMan Active Member

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    How long does it take? That's the age old question everyone asks and no one has the answer to. DRO appeals are generally faster than others but can take up to a couple years depending on a large number of variables.
  11. uncle don

    uncle don New Member

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    Is it better to file A NOD OR ASK FOR AN INCRESE IN benifits if you have 30% PTSD ???
  12. TinCanMan

    TinCanMan Active Member

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    You can only file a Notice of Disagreement (NOD) if you received a denial within the past year. Otherwise you must reopen your claim by presenting 'new and material evidence' (worsening conditions). What does your counselor say about your condition?
  13. whiskeymedic

    whiskeymedic New Member

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    Sleep apnea / ptsd connection - best approach for appeal?

    I had a DRO hearing last week, asking for an increase from 50 to 70% for PTSD, and appealed for sleep apnea - the Original claim was denied as there was no evidence of it during active duty. DRO said to re-claim stating sleep apnea secondary to ptsd....... My shrink's last letter was rejected because he did not state that he had read my medical files, and also he failed to state any specific evidence showing a correlation between osa and ptsd........ Are there some specific medical papers/studies/publications he should quote? Should we print out those reports, or is quoting them sufficient? This time we are also going to state the dates and names of the VA docs who diagnosed both conditions.
  14. TinCanMan

    TinCanMan Active Member

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    You are fighting an up hill battle here. There is almost no evidence ptsd causes obstructive sleep apnea. What little reports exist are linked to central sleep apnea.

    Submitting medical reports to the VA is a waste of time. VA decision makers cannot make medical decisions. By submitting them, you are asking them to make a medical decision. If you insist on printing out stuff you find on the web, you should give them to your doctors and let them opine your apnea is caused by whatever.

    Your psychologist only needs to review your medical records if you are claiming OSA is caused by your service. In this case, you need a nexus or a connection to service. If you claim secondary to PTSD, no nexus is required only a current diagnosis for apnea and an opinion it is caused by your SC PTSD along with a sound medical rationale of how this is possible. This opinion should come from a medical doctor with a backround in apnea, not a psychologist.
  15. whiskeymedic

    whiskeymedic New Member

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    Had one letter from shrink and one letter from the Chief of the Phila VA Sleep Center who is also Chief of Univ of Pa Neurology Dept........VA rejected BOTH letters for two reasons, neither Doctor stated in the letter that they had read my files, and neither Doctor submitted specific medical research studies to support their "as least likely" opinions......
  16. Traider11

    Traider11 New Member

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    in considering an appeal which is given more weight by the raters C&P report that isd negative to veteran or 2 doctors statemnts supporting the Veteran as far as IU? im currently rated 70% for ptsd

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