lp56

You are right about the VARO denying service connection, but the BVA did just overturn that decision. The scenario you gave is so depressing and discouraging. I can see how they hope you go away after reading your post. I know 6 years waiting is not long in comparison to many others I've seen on this site, but I was so hoping this was almost over for me. I just had a feeling they wouldn't be happy with a BVA reversal. I wonder how many vets die before their claim is finally settled. I am going to hang on to some hope because I always felt the DRO who initially did my NOD hearing was very sympathetic to me; she sent me to a 2nd C&P and gave me guidance to be honest like I was with her. The main problem is that the examiners wanted to focus on nonservice connected issues instead of service connected. Plus, I never had the nexus in my medical records until I was in the BVA appeal stage. I think if that was in my records during the first or even second C&P exam, I would have been awarded service connection back in 2010 or 2012. In the meantime, I will try to prepare myself in case I have to go for a 3rd exam. Thanks.

After almost 6 years of appealing my claim for PTSD due to MST, I finally received a favorable BVA decision in yesterday's mail. Nothing in the paperwork I received tells me what happens next, except that my file will be returned to my VARO and that I'll be getting a survey call about my experience with the BVA. I can't bear the thought of yet another C&P exam, but is that the next step to getting a rating? My last exam was in 2012 and the two exams I did have through this whole process were the worst triggers of all. Can't they just look through all my records and make a rating decision? That may not make sense since the VA had all my records and denied me anyway. They conceded my condition, but they were black and white on the nexus. Once one of my doctors wrote the missing nexus in my medical records, I had everything they required. Does the VARO get ticked off when their ruling is overturned by the BVA? Do they have the last laugh by lowballing them? WIll they try and rate me low starting off so I have to keep appealing over and over? So far this doesn't feel like a victory yet and this battle feels far from over. I really want to feel good (or great) about this BVA win, but since I have no idea of what happens next, I feel a lot more anxious and stressed instead of feeling happy and relieved. As usual, thank you in advance for any information, advice or encouraging words about what happens next.

I just received my SOC from the VARO for service connected ptsd and I am absolutely sick about it. I really need help on where to turn now because I want to continue to fight this, but it seems like no matter what evidence I submit, service connection for PTSD due to MST is almost impossible to achieve. The SOC I received stated that "You have submitted copies of emails, letters, journals entries and documents from the Army indicating evidence of military sexual trauma. Based on all the evidence received, we have conceded that you did suffer from military sexual trauma during your military service. Treatment reports from VAMC/Outpatient Clinic show you have received treatment for PTSD symptoms and for major depressive disorder. VA examination dated on February 14, 2012, states you have a diagnosis of PTSD and dysthymia disorder. The examiner provides the opinion that she cannot say with confidence that your military sexual trauma experiences meet criteria A for PTSD. The examiner also states she cannot resolve that the issue of PTSD is a result of your military experience without resort to mere speculation. Service connection for PTSD remains denied. Although we conceded that you were exposed to traumatic events during your military service, to include military sexual trauma, we have not received any medical evidence that your PTSD is the result of your military sexual trauma. We have requested 2 different VA examinations, with 2 different examiners and both have been unable to provide a medical opinion that your PTSD is the result of your military sexual trauma. The treatment reports from the Outpatient clinic show you have received treatment for PTSD symptoms associated with your history of military sexual trauma. However, these reports do not provide a medical opinion and rationale that your PTDS is due to military sexual trauma, and the result of other trauma." My MH doctor specifically told me her medical notes were more vague due to my privacy, so If I asked her to write a medical opinion and rationale that my PTSD is due to MST, would this help? Should I go to a civilian MH doctor to gain another opinion? I was sent a Form 9 and must state why I think the VA decided my case incorrectly. Is it time for a lawyer? I didn't received much help from the VFW due to the VSOs lack of experience and uncomfortableness with MST. I am trying to find records from an outpatient base clinic which will show pregnancy test, STD test and other sickness from the timeframe of MST. It seems the VA wants to link PTSD to me witnessing molestation of daughter almost 15 years after MST instead of all that happened during active duty. Can anyone PLEASE advise me? I feel so hurt, betrayed and now even angry, especially that the VA conceded that I was exposed to MST during my military service.

Thanks Wings, you have been a valued advisor and great supporter. I appreciate you and everyone on this forum so much. Hopefully I will be able to share some good news soon.

I didn't address my PTSD due to MST for 30 long years, but now I am in therapy and for once in my life I feel like I have a support group via this forum. I went ahead and filed for disability and I have received so much good advice from the folks who have been down that road already, but it has still been a long, hard, "I want to quit" road because of the burden of proof for MST victims. I just had my second C&P exam 2 weeks ago and I am nervously waiting to hear the VARO's decision. I was turned down the first time, but I didn't give up. As I learned the hard way, the VA (or the C&P examiners) will try to blame your PTSD on events that happened before or after your military experience, so I stuck to the MST events that happened while on active duty during the second exam thanks to the advice I received here. I also found out that although I had alot of alternative evidence for my claim, I don't think it was read much or put together in a big picture kind of way. I guess my expectations were too high that someone would understand what I went through. I requested a DRO hearing and during that hearing, I put the big picture together for my review officer and unless I am sadly mistaken, my decision review officer seemed to really listen to me and seemed genuinely helpful. That is how I got a second C&P exam. I am living alone and I also want (or need) to work so I have something to keep me going every day. I am lucky to be in a job where I am sheltered a bit because my boss knows my past and has been very protective and compassionate toward me. There are people out there who won't judge you or think you are crazy because you receive mental health counseling. I have my triggers, but being in therapy is helping me deal with that. I am fortunate to be receiving good counseling from the VA and I plan to continue going as long as I need to. Good luck in what you do and listen to the good advice you will receive from this forum.

Thank you for the very helpful and easy to understand advice Chuck. I knew I needed to be truthful about my MH counseling, but I didn't know all the implications of answering yes to question 21. I had pretty much decided that unless that question gets changed in the near future, that I am not going to pursue the job requiring a clearance. I will just stay where I am, where my private life is not questioned or judged in order to keep my job. I just cannot bear the thought of putting myself through that security clearance process, even though I understand the need for security clearance background checks. Your post helped me validate what I was already feeling and I thank you very much. I will still remain watchful and interested to see if this issue get resolved as it should be.

Carlie, the exam was done at the VAMC. I can't, but need to, stop my mind from replaying everything that was said or not said during the exam. What will I be able to tell from the exam or what will I be looking for exactly? Doesn't the exam have to go back to the DRO for a decision? Oh my gosh, I cannot bear the thought of another appeal if this exam doesn't do it. I am going to stay hopeful however, but I really don't know how other veterans deal with the VA appeal process for years. It makes me wonder just how many of them give up.

Thanks Wings! I will discuss this issue with my provider and get her take on it. Hopefully this will become a mute point once the questionnaire gets changed to exempt disclosing MST counseling like combat-related counseling has been.

I had my 2nd C&P exam yesterday and it was very different from the 1st one. The exam didn't begin until after 4:30 pm and it finished at 6 pm. I had a female examiner and she was very nice. She came to the waiting area and introduced herself to me and said she needed 5 more minutes before she could begin. I felt like she was checking me out, but I could be wrong. I recognized my VA records on her desk and she also had my MH progress notes pulled up on the computer. She told me she read my submitted evidence and she referred to both the submitted evidence and my MH records throughout the exam ( that was a good sign to me.) This examiner seemed to stay focused on my in-service stressors this time and her questions related to incidents and feeling I had about them. The exam was still vey difficult, but hopefully will end up with a diagnosis of PTSD due to MST. I really appreciate all the advice and resources I was given to better prepare for this exam.

I found the article Mystic was linking to. http://www.pressherald.com/blogs/maine_washington_politics/136613033.html?searchterm=security+clearance Basically, the requirements of “Question 21” of the federal “Questionnaire for National Security Positions requires anyone who has sought MH counseling in the last 7 years to disclose that fact on the security clearance questionnaire AND sign a form that gives the security clearance investigators access to your MH records. Currently, if you have PTSD or have had MH counseling due to combat or domestic violence, you are exempt from answering Yes to that question on the questionnaire. I am in the exact situation right now. Do I attempt to seek employment that requires a security clearance, knowing that I will have to disclose that I have had MH counseling for MST? I don't want any unknowns going through my very personal and sensitive MH records to determine if they should grant me a clearance. This seems to be one more example of MST revictimization. Hopefully, this issue will be resolved in the near future so survivors of MST won't have to make a choice of whether to seek MH counseling or keep silent to get or keep a job that requires a security clearance. Please support Rep. Chellie Pingree in her initiative to alter the requirements of Question 21.

Sorry Carlie, what do you mean by pm section? Still learning abbreviations. I plan to be at exam several hours early so I can be focused and not stressed out by driving.

Thanks Mystic!

I have my 2nd C&P exam tomorrow. It will be with a female doctor, but that is not much consolation since my 1st exam was with female also. Concerned exam is so late in the day (4:30 pm). Worried I will be rushed through at that time of day. Will stay focused on active duty service stressors and not be led to discuss major stressor with ex 20 years after service. Been reading up about PTSD and security clearances and know that just like this disability process, the truth will speak for itself. Read that it is very unlikely to be denied clearance for seeking MH counseling. Suppose to be sign of strength to seek counseling, rather than try to ignore or cope alone. Thanks for all the help and support. I know this is not over, but I feel so much better prepared, so much stronger and so much more hopeful in facing this 2nd exam tomorrow.

No I am not on active duty Carlie, but I believe civilians go through the same security clearance process as the military does. I will ask my therapist what her experience has been with others accessing counseling records for security clearance purposes. Depending on the particular counseling session, I could have been homicidal or suicidal that day. I will also heed the advice of not disclosing reasons for my PTSD whether it is adjudicated by the VBA or not. Personally, I would never ask anyone what caused their PTSD, but that is just me. Thanks Carlie.

No problem Carlie. I just appreciate you taking the time to answer my questions at all. The link below talks about SF 86, question 21. The quoted text comes from the article about clearances and the exclusions about reporting treatment related to adjustments from service in a military combat environment. "The OPM conducts the background investigations on Army personnel seeking a security clearance. The OPM ensures that investigations are conducted in a manner compliant with the revised Q21, which excludes the reporting of treatment related to adjustments from service in a military combat environment, such as post traumatic stress disorder, known as PTSD, or mild traumatic brain injury." http://www.army.mil/article/24053/financial-problems-or-ptsd-need-not-affect-security-clearance/ I just can't stand the thought of someone going thru my medical records to determine if I am eligible for a clearance. I have discussed such agognizing personal feelings with my therapist. I told my therapist things I had never revealed to anyone, including thoughts I shouldn't have had. My 2nd C&P exam is coming up on Tuesday. I am getting mentally ready for it. I guess I shouldnt worry about the clearance issue unless I get a job offer. Thanks for your help!