VIETNAM PTSD CLAIM

[VietnamVetSis]

I'm new here and am re-posting under this topic as it may be a more appropriate forum.   

First off, let me say this site has been extremely helpful to me in developing my brother's VA claim.  He's a former Marine - served in Vietnam 1969-70 and was WIA by tripping a grenade booby trap - Purple Heart.  He was unemployed for approximately 4 years of the first 8 years he was back.  Then in the 8th year, he attempted suicide, taken away in a straight jacket, hospitalized and diagnosed with Schizophrenia, Paranoid Type.  In the 5 years that followed, he underwent long-term mental health therapy, was incarcerated for hitting a police officer with his truck (charged with intent to maim/kill), received a Felony conviction, put on Probation, and lost his license.   There were many other bizarre behaviors too numerous to list here.   My father filed a VA claim for his "nervous condition" in 1982 - The VA denied it saying "evidence did not establish service connection for PTSD - and disorder not shown by the evidence of record - your nervous condition not shown to have been incurred in service."   With my parents now gone, my husband (retired USA LTC) and I now financially support my brother, who lives below the US Census Poverty level.   His only income is SS retirement.  He's on food stamps.   This prompted me to re-file his claim.  They came back with "disabilities claimed" of PTSD - reopen; Non-service connected Pension - new; Schizophrenia, residual type, competent;  Scars - increase; Compentency - new; and Special Monthly Pension - new.   

My biggest obstacle has been gathering medical evidence for this claim.   I was only able to submit the written diagnosis from his hospital for schizophrenia in 1978 (quite detailed though citing suicide attempt, paranoia, second coming of Christ hallucinations and all that); emergency center invoice from the local County Community Mental Health center in 1982, a physician's report of medical status (schizophrenia-form episode with depressive symptoms) in 1983.  I also submitted relevant documents including the Probation Officer's consult with his mental health therapist agreeing his behavior arose from Vietnam combat experience, a Circuit Court judge probation condition that he undergo a year of mental health treatment, and a DMV suspension letter indicating license would only be reinstated on the condition that he file a psychiatric evaluation annually.    I've reached out to the hospital, the mental health center, even the County Court reporter to get further documentation.   All records have been destroyed in accordance with the state record destruction policy because it's been so long.

The VA has now come back asking for "medical evidence of his permanent inability to obtain/maintain gainful employment".   They didn't ask for a medical exam, they didn't offer a medical exam or Field Examination.  They made no reference to PTSD or Schizophrenia.   (Are they planning to deny it outright or are they perhaps accepting it based on his booby trap trauma??)  There is no other medical documentary evidence to be had!  I am creating a time line of sorts for them - showing his below poverty earnings and unemployment correlating to the times he was hospitalized and undergoing mental health therapy.    DOES HADIT or ANY VET out there have any other suggestions for me as to how to tackle this lack of evidence in my response to the VA?  Please come back to me --- they are asking for my response back within 3 weeks.  Would greatly appreciate any comments.   

[Berta]

Duh, I need to smack myself in the head.. I forgot this point....

.if you can go into the exam with him you could definitely ask the doc if he/she has the veteran's SMRs!

The doc isn't going to copy them for you but will have to consider them when he./she writes of the C & P  report.

You might even be able to see at least a initial page of them, and that proves VA has them this time.

 

[Berta]

One other point...the older 526 said Pension claim.....

Where did that form state Compensation as well as pension claim??????

A claim for comp is supposed to be considered as pension claim and I would think vice versa too but I know VA does not think the way I do.

It does seem they did consider it as a claim for comp as well.... but I hope others read it as well....I have to leave the PC...

 

 

[VietnamVetSis]

I received all of his SMRs , along with his complete C-file recently.   There are no records in existence for any PTSD / Schizoid / Depression etc.  He was never treated for any of this while in the Marines.   The problem surfaced 8 years later with a suicide attempt.   So I guess it doesn't matter they didn't have access to them at the time of the exam back then... because he was never treated for it while in the service.  I've noticed on some adjudications I've researched for PTSD and Schizophrenia, it appears the VA awards the majority of the cases only when it either existed prior to service and treatment records were evident, or during service and the veteran received military medical care .

The high blood pressure was taken when he left service -- he completed a physical whereby they judge him to be fit to serve in reserves.   I'm sure there was also a physical when he joined but this is not in his record.

I certainly intend to be present during the exams.   I imagine if he gives the okay for me to do so, they can't bar me from being present ?

[VietnamVetSis]

PS -- No, he hasn't officially been "diagnosed" with any of the diseases from AO, although symptoms were noted in his last physical in 08.

[Berta]

If the other diseases( IHD, HB , DMII)  were not part of the claim, I sure don't think he will get exams for them.

My husband got many posthumous awards for diseases he was never "officially diagnosed with". Two were in one of his claims pending when he died. And one was awarded to me by the BVA.( IHD, CVA, and DMII)

[VietnamVetSis]

Update to Vietnam Vet Bro's Disability Claims --

I was successful in obtaining a medical opinion that my brother's schizophrenia was more likely than not from Vietnam War combat (WIA) from a psychologist who used to be a C&P examiner.   So I filed a NOD in May, 2017 going the DRO route.