Jim,
First I would like to thank you for the good work you do. A little background on my case. I'm a Gulf War vet served in the US Army,3rd Brigade 1st Armored Division. Filed a claim on 03/10, for IBS, Tinnitus,Hearing loss. Got a call from the RO 11/10 asking me if I still wanted to pursue my claim, I said yes. The representative told me that the RO would schedule the C & P exams. A few days later I was notified that I had a C & P exam for Hearing Loss,Gulf War illness and the RO added a Behavioral Health exam. The C & P doctor for the behavioral health exam stated that I had moderate PTSD the exam lasted about an hour and a half.
I received copies of the C & P examinations. I then added PTSD to my claim(s). The hearing loss examiner stated that hearing loss and tinnitus could not be service connected without resulting to mere speculation. The gulf war examiner stated mild IBS that most likely could be due to psychological stress. Fast forward to 06/11, received decision denying all of my claims. PTSD was denied based on the fact that there was not enough medical evidence and they had no records that I actually participated in combat operations. IBS was denied due to the fact that I didnt file within a specified time period. The RO denied hearing loss/tinnitus due to mere speculation. Now please understand that my DD 214 doesnt show any decorations for service in SWASIA, I was on stop loss and was pulled out of the desert almost immediately after the cease fire. Within three weeks I was discharged at Ft Dix. A few months later I received the Army Commendation Medal for Meritorious Service in combat operations during desert storm. Furthermore, I was never given a discharge physical. I was working independently on my claim without any help from a VSO. I now realize that this was a huge mistake on my part.
After doing reasearch on various web sites, I filed my NOD and sought the assistance of a VSO. I also typed a 10 page stressor letter,found out that my unit was awarded a valorous unit award,had two of my buddies write letters and located a casualty report on one of my buddies that passed away while we were deploying which is one of my stessors. I also went to the Philly VAMC on 08/11 to the behavioral health intake clinic and was refered to the PTSD out patient program, I have been attending therapy sessions since 08/11 and have been prescribed medications to help cope with PTSD. I submitted all of the evidence that I have gathered and myARCOM to my VSO, also requested a DRO review.
Now I've been studying the CFR regulations and have noticed that the RO is supposed to develop claims for PTSD by requesting info from the veteran,pulling records from the JRSCC and a variety of other sources (DFAS I'm sure my old les's from that time period would show hazardous duty pay). I feel like the RO just denied everything for the sake of making the completed claims numbers look better. If I can find all of this information why couldnt they? Doesnt the duty to assist come into play or is that just a cursory attemp at locating records? I have also submitted a DD 149 to the ARBA with copies of my ARCOM and a copy of the valorous unit award in the hopes that they can correct my DD 214. I now fear that I will be in the appeals black hole for a long time, partly due to my naive belief that the VA would assist me, and my own ignorance of not having someone help me from the get go!!! Seems like I'm approaching this process backwards. Thank you for taking the time to read this.
Reply:
Welcome to the club. The things happening to you are textbook typical.
I like to use the example of my dad in cases like yours. Many many years ago, he filed a claim for hearing loss and tinnitus. The VA denied him. I didn't know any of this at the time, of course.
He was denied because of any lack of evidence that he'd participated in combat. He was so disgusted he threw it all away and went out and bought his own hearing aids. A lot of years later I asked him why he was spending all that money and not getting the hearing devices from VA. I refiled for him and he got 30%.
Oh, by the way. VA couldn't find evidence of his participation in combat. This was a Marine who stayed in for 20. He retired as a Master Gunny E-9 at age 36. He was 18 years old when he went ashore in a little place called Iwo Jima. He participated in other Pacific combat theaters and then the Korean war. He earned 3 Purple Hearts and carried Japanese shrapnel into the grave with him a year ago.
But...VA couldn't see his combat records.
So...as I say, join the club. This is just the sort of behavior that makes all of us question why VA is the enemy? The benefit of the doubt is never used. Cases are denied and closed w/o reading the file because the decision maker works on a quota. If he meets his weekly quota, he gets a pay bonus. There is no quality checking to ensure that the decision is good, just a quota.
This sounds like bunk. It's hard to believe our government can be this dysfunctional. Yet, there it is.
Even worse, you're working through a VSO. You probably believe that this person has some skills and good training. You'll never really know. There is no national certification or standard of what a VSO must know to represent you. I know a handful of very good VSOs and a great many really sorry ones. All the VSO does is fill out the forms with you. They aren't allowed nor encouraged to do more. The VSO is not an advocate, he or she is a middleman.
I recommend the DIY approach. That is, until the veteran is where you are now. In your case, I urge you to contact a lawyer.
Have a look here http://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html
Read that and then seriously consider getting a lawyer now. Anything else you do is likely a waste of your time.