I am not one to ask for help until it becomes an emergency, to my detriment. But I need help now. I desperately need an attorney to represent me before the Board of Veterans Appeals, someone who knows veterans law. I had an attorney who could not continue due to her own medical issues, and now I am left on my own and I feel that I am left on a lurch without any help and will get screwed. She did encourage me to continue my fight as the law changed from the VA's reason of denial last year.
"On Wednesday, I did complete my initial review of your case. One thing I wanted to point out to you—there are at least two places in the C-File where the VA indicated the reason they have not yet accepted Dr. Trenckmann’s opinion as a basis to grant you service-connection for posttraumatic stress disorder is Dr. Trenckmann’s opinion does not indicate he has reviewed your VA C-File, which contains your prior medical records. Therefore, I believe it would helpful for you to ask Dr. Trenckmann if he will review your C-File and do an addendum to his letter stating he has reviewed your C-File and his opinion, dated February 14, 2007, remains unchanged."
This has been changed in court last year, now the doctor is free to make a diagnosis based on observation and not past history.
I have a Combat Infantryman's Badge and acknowledged stressor and an Army Special Forces MOS. I was diagnosed with PTSD around 2004 and since then was in the hospital five times. My lead doctor is the general director of the psychiatric hospital, Psychiatrist MD and teaching Professor. He also conducted my C&P exam.
- VA Form 21-6789 (06/27/2006) in my C-File states: "Vet has CIB so combat stressor is conceded"
Additionally, detailed stressor forms are also in the C-File.
- Medical records from the Hans Prinzhorn clinic would personally cost me around 700 euro that I do not have. However, I've signed release form for the US Consulate in Frankfurt to access those records for my SSDI claim in February. My C-file already contains a few of those records because I know that the VA had documents translated.
- VA Form 21-6789 also states: "Also, SC denied for depression but records from September 1998 (marked in file), from Lilly Co clearly show a diagnosis of depression with Prozac prescribed while vet was on active duty. (looks like some type of terminal leave or some kind of work transition program from the Navy)"
- I can send the stressor statements, however I think the point of number (1) above makes that point moot as per the VA's own admission.
The entire VA Form 21-6789 reads:
FOREIGN CASE
Pre Determination:
- Please VCAA the Vet on the issues of SC for PTSD and for Depression. This may be a carry over from 2 ratings done in 2004 and 2005 but to give Dingess and be on the safe side we should VCAA.
- Request all treatment records from the vet for any psychiatric condition from 01-01-05 to the present time. When they are recieved, have them translated.
- Have a psych exam set up to determine the actual correct diagnosis. PTSD or Depression, or both??? (See attached AMIE sheet.)
Rating Board:
Vet has CIB so combat stressor is conceded.
Hospital records from 01-03-06 show Major depression then ptsd then alcoholism. Trnaslation [sic] shows ptsd, depressive symtoms, then alcohol dependence. I think we need the actual treatment records to see why he was there.
Also, SC denied for depression but records from September 1998 (marked in file), from Lilly Co clearly show a di8agnosis of depression with Prozac prescribed while vet was still on active duty. (looks like some type of terminal leave or some kind of work transition program from the Navy)
I hope this is enough for someone to representment me but although I have my C File with me, it would be very expensive for me to send it back to the US. As it is, I am having problems rationing food for the last three or four days of the month because of the dollar fall to the euro.
Look, if anyone is willing to help me, I would certainly appreciate it. But I also understand the unwillingness as the law has changed and with claims after 2007, the attorney gets 25% of back pay. My claim falls under the old rules. I understand having to put food on the table but if any attorney is well off enough to do pro bono for an aging claim, I would certainly hope to hear from you.
Sincerely,
Jeff Dem