Ad free subscription.


This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File




  • Topics

  • Forum Statistics

    • Total Topics
      60,097
    • Total Posts
      387,959
  • Topics

  • Posts

    • NOD / DRO or TARP?
      Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments.  I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?.  Sorry, I can't be sure.
    • Dr Ellis IMO
      Thanks for the info Flores.  I actually called the clinic this morning.  I am in the process of gathering my records and will be sending them out hopefully by Monday.  They said that they are currently scheduling for the end of June, beginning of July.  The lady sounded very nice.  I am looking forward to meeting Dr. Ellis soon.   Good luck on your claim. Travis  
    • Pending Case Dispatch
      They said it was remanded back to the RO.
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Thanks all for the kind words. And yes I do sometimes feel that i don't deserve anything as i did not do combat. And there is way too many service men and women who have given up way more and come home with less than they left with. So it is even harder to stand up and ask for help when I see those Brothers in Arms coming home with severe injuries and some coming home with the Flag we all swore to defend. Thomas that road of drinking and drugs i went down and it almost destroyed my whole family. And after spending 30 days locked up in a rehabilitation hospital i don't care to go back again. I have been sober now for over 2 years have not had a drink and don't miss it none at all. I still pain medications but the VA limits that now and I have to sign that contract every month to get it. I do want to mention something I feel is Good News... As I look at the eBenefits website almost constantly to see if any changes are made. Good news tonight when I looked at it as one of my Open Claims is now in the Notification Stage. And then I looked to see and they had approved my second application to include my wife and kids on. Of course my daughter is in college and my son is 25 now, which they did not accept him as a dependent. That means they may have approved my Claim for Depression and Anxiety. But most likely they are going to a New condition and I will have to fight for the back pay. But since my previous Claim is in the DRO stage and I am awaiting the outcome of it. This new claim for Depression should move over to it now and be included. Is that correct as I can't file another NOD on it til the DRO issue's a SOC first. Anyways here a screenshot of them accepting my wife and daughter as dependents and also a screenshot of the awaiting Notification letter to be delivered. . 
    • NOD / DRO or TARP?
      After some digging, I was not able to find my complete original 2009 decision. I did however find my PTSD appeal decision from 2011 and the rating part of my 2009 letter. I must have separated the 2009 letter at some point to prove I had a 10% service connection, but didn't want them seeing the notes. I hope this is enough to maybe point a path. I can't express how much I appreciate what you guy's are doing here. I have never been comfortable sharing this stuff with anyone, To the point that I have been doing this with just my husbands help because I did not want to talk to a VSO that I don't know. But I see on here that everyone is helping everyone fight the same fight. Thank you very much!  In reference to the previous questions: It appears I did file the DRO route, and no, I did not continue the appeal to the BVA. I actually found where I started to fill out the VA form 9, but I was so fed up with the OKC VA back then that I must have said "screw it". Big mistake on my part I know. Appeal Decision 2011.pdf Original Rating 2009.pdf
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      ardodd I agree with pete992 My fellow Veteran Brother Never give up on your claim. you don't have to be a combat veteran to file a claim.   you served and did your time  your a veteran just like the rest of us  so if you have a disability to claim...by all means claim it. These claims are never a piece of cake or sure thing ,we all have to fight for what we get with our str's and..medical evidence and good favorable Dr reports (VA or Private)are great to have  its hard for them to deny that kind of evidence. Now with that said ts been known that some veterans have had all the evidence and medical records under the sun to prove there claim and VA still deny's them! eh! (VA don't read all the necessary Documents some times) So the fight is on and some claims take less and some takes a long ass time. If you get denied  they usually will send you the reason why and send you a NOD (notice of disagreement) to dispute what they denied and you can add more evidence and lay statements.(WITHIN A YEAR) Just ask your questions here on Hadit  and some of the elder members with a lot More & good experience and knowledge of VA Claims can help you. Remember Knowledge is Power! And I my opinion that's what we all Need to fight our claims. Don't sale yourself short Buddy.   ........Buck
    • Progress is Progress - However so Slight ;)
      Texas Marine, at this point it might be worth a shot to call the Office of Case Management, try this number-(202)-930-5470, they should be able to give you up to date information and speed things up possibly. Did you have a video teleconference hearing before a VLJ? That is a long time, I had my video hearing at the RO in June of 2015, I believe on the 22nd, by the 17th of August I had the decision from BVA. I hope that they can provide some help and speed up the process!! If that doesn't work, it might be time to send an email to the VA Secretary. Best of Luck to you!!
    • Dr Ellis IMO
      Let me add, after our appointment, it took a little over a week for me to receive the completed IMO. I am on heavy pain meds right now and making less sense than usual! So, first call the clinic, tell them you are interested in obtaining an IMO from Dr Ellis, they will send you the application, after you complete the application(include it in your packet), and gather all of the records you are going to send, including the Summary of Records list, send it off, they will call you as soon as they receive it and usually the appointment timeframe is anywhere from 1 1/2-2 months after they receive your packet. However, after the appointment you will receive the complete IMO usually within 2 weeks, max.

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

Sign in to follow this  
Followers 0
annahonda

Nexus Statement For Ptsd - Triggers

13 posts in this topic

Hi everyone,

First of all I want to thank you for all the information I get from this site. My question is about the needed nexus statement for a PTSD claim. I recently had a C and P exam and the closest thing to a Nexus was the last paragraph.

RECOMMENDATIONS:

"After reading the C-Folder , the electronic medical records and the medical literature it is reasonable to conclude that the veterans allegations of manifesting PTSD as a result of sexual abuse(victim) are considered credible and the PTSD in question is fully linked to the service. The conclusions of these reports are based purely on the veterans allegations. This examiner does not have independent verifiable information as the veteran never reported the incident."

I have read through the forum that a nexus must read 'as likely as not" or "more than likely". Does this mean that I will still need to get a Nexus statement from another source?

Share this post


Link to post
Share on other sites







Warning Possible ......TRIGGERS....

One other thing that I noticed when I reread the entire C and P Exam was this paragraph:

"The veteran stated doing well until about 1985 when she was stationed in Germany, specifically at Stuttgart and another serviceman that she does not know the name of she can only describe him as a AA/NA male who, more than likely than not, was at the rank of E-5 -raped her "

My question is the more than likely than not the fact that his rank was E-5, or the fact of the rape..? Which is more likely than not?

Share this post


Link to post
Share on other sites

Warning Possible ......TRIGGERS....

One other thing that I noticed when I reread the entire C and P Exam was this paragraph:

"The veteran stated doing well until about 1985 when she was stationed in Germany, specifically at Stuttgart and another serviceman that she does not know the name of she can only describe him as a AA/NA male who, more than likely than not, was at the rank of E-5 -raped her "

My question is the more than likely than not the fact that his rank was E-5, or the fact of the rape..? Which is more likely than not?

annahonda,

Welcome to Hadit.com .

The "more likely than not" will need to be viewed by the decision maker

as relating to the rape (MST) and not the rank of the perpetrator, in order

to help grant SC.

In regards to,

"

RECOMMENDATIONS:

"After reading the C-Folder , the electronic medical records and the medical literature it is reasonable to conclude that the veterans allegations of

manifesting PTSD as a result of sexual abuse(victim) are considered credible and the PTSD in question is fully linked to the service."

THIS PART ABOVE IS GOOD FOR YOUR CLAIM TO SC PTSD

BUT - then the examiner mucks it up with the part below,

"The conclusions of these reports are based purely on the veterans allegations.

This examiner does not have independent verifiable information as the veteran never reported the incident."

Does anything in your C-Folder, the electronic medical records or the medical literature, of record

support that the event occurred ?

Share this post


Link to post
Share on other sites

I did submit alternative evidence on form 21-0781a.

Some of the things included medical reports four months ofter the incident showing suicidal ideations, and depression.

My security clearance was suspended do to work performance.

I have a statement from a roommate in the barracks who I told about the incident, she provided a statement and I have family statements noting changes they saw after the incident.

But I was seen for depression several times during the Army.

Share this post


Link to post
Share on other sites

Another thought, If the VA conceded my stressor, could this statement be classified as a "Nexus" ?

"PTSD in question is fully linked to the service"

Share this post


Link to post
Share on other sites

That would certainly be a favorable nexus statement from the doctor. However it doesn't end with that.

This is a recent remand for a MST claim and the BVA refers to

VBA Fast letter No. 10-25 (July 15, 2010) in the remand. That fast letter should be here under our Fast Letter topic-if not I will find link and post it.It involves how the VA is supposed to handle MST claims.

As you can see the claim diagnosis was re -charaterized in this recent decision:

The diagnosis in this case doesn't matter as much as the evidence.

http://www4.va.gov/vetapp10/files3/1028680.txt

Do you have copies of your SMRs and your 201 file?

Share this post


Link to post
Share on other sites

Thanks to Tbird and Fantasticbooks I found it right away in our Fast Letter forum:

Share this post


Link to post
Share on other sites

I'm not sure how this will help me. The MST was 20 years ago, and was not reported.

Share this post


Link to post
Share on other sites

PTSD claims need verified proof of a stressor.

Do you have a vet rep holding your POA?

Share this post


Link to post
Share on other sites

To add -= this case

http://www4.va.gov/vetapp10/files2/1014689.txt

and others at the BVA web site (google the VA main site, then go to the BVA decision search page)

reveal what VA looks for as evidence in these types of claims.You do have evidence that your work performance deteriorated after this event.VA considers that evidence.

You also have "medical reports four months ofter the incident showing suicidal ideations, and depression."

Did you mention depression as well as PTSD in your claim?

Did the inservice medical reports state that your depression and/or suicidal ideation was due to the sexual assault?

Do you have those records (in copy of your SMRs)and have you submitted them to the VA?

Or has VA obtained those records by now?

During the 20 years since this event have you had any private therapy or treatment for depression or PTSD?

If so is VA aware of those private records?

Edited by Berta

Share this post


Link to post
Share on other sites

Thanks for all the help first of all, yes a have the DAV holding my POA.

I did mention depression and anxiety secondary to PTSD in my claim.

No, the inservice medical reports did not state that the depression/or suicidal ideation was due to the sexual assault. I was too ashamed and blamed it on a familly members death at the time.

I do have copies of the medical records showing the trip to the emergency room for the depression /or suicidal ideation and it was submitted with the claim and the VA,

I have recently had private therapy and was diagnosed by the VA for PTSD. I have been in once a week treatment through the VA for PTSD.

I forwarded the private treatment records and the VA treatment records to the VA.

I do not have a Nexus statement stating "more likely than not", the only thing close to a Nexus is the statement made by the examiner during my C and P exam. "After reading the C-Folder, the electronic medical records and the medical literature it is reasonable to conclude that the veterans allegations of manifesting PTSD as a result of sexual abuse are considered credible and the PTSD in question is fully linked to the service. The conclusions of these reports are based purely on the veterans allegations. This examiner does not have independent verifiable information as the veteran never reported the incident."

I am ot sure if I am still able to get an Independent Medical Opinion or Examination done since the new PTSD regs changed, my claim was filed in May 2010. My VA therapist says she cannot write nexus reports. i will if you think this would help my claim.

So that is what I have: 1-VA diagnosis of PTSD 2-What I feel is strong alternative evidence(what the VA thinks is another story) 3-A possible Nexus statement from a VA C and P examiner if my Stressor is conceded.

And DAV helped me with absolutely none of this.

Share this post


Link to post
Share on other sites

The new PTSD rules do NOT allow the VA to even consider an IMO.

It is grossly unfair.

The new rules are in this topic.

Share this post


Link to post
Share on other sites

The new PTSD rules (which have been challenged in court) are here:

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0