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VIETNAM PTSD CLAIM

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VietnamVetSis

Question

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.   

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  • HadIt.com Elder

 Being your Brother can't work due to his disability from military service   what we know now as PTSD Some may ask you for him to ask for TDIU or file a IU Fast Letter  but with his sysmtoms in my opinion your brother should get a 100%rating and possibly SMC.

   THE Scheduler 100 &Rating is a better rating than TDIU ='' Total Disability  Individual Unemployability ''Rating although they pay the same.

Good Luck

.................Buck

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A Silver Star too????? Holy Cow.

This stuff breaks my heart.

I have no doubt at all that they will grant SC for PTSD....except I don't trust the VA.

And I always look for the VA  land mines.

They might try to come up with some Bull crap that he has Schizophrenia , and not  PTSD at all , and  that is the MH issues that caused employment problems, and they could then say that is not service connected.

But I have VAOLA Paranoia . I am sure that wont happen.

Buck, you have given very good advise here.....You do have a good point.....as to the PTSD ,but I got the impression that the VA never even gave him a C & P exam or any diagnosis at all.

Vietnamvetsis said VA stated: " PTSD - reopen; Non-service connected Pension new; Schizophrenia, residual type, competent;  Scars - increase; Compentency - new; and Special Monthly Pension - new.  "

They didn't state PTSD- new, but as 're-open' so maybe there is something in that older decision that states PTSD. By now the VA should realize that any 'nervous' condition in a Vietnam combat vet is 'as likely as not' PTSD. 

I wonder how long it took them to diagnose Audie Murphy with PTSD instead of 'battle fatigue' from WW2.

( He said in his book that doing all  those war movies , after his discharge, made his PTSD even get worse and he could not tell anyone how much he was suffering emotionally from that)

 

 

 

 

 

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Just to add....a re-opened claim  gets an EED (earliest effective date) back to the date of the re -open.

The exceptions are Nehmer claims.(Agent Orange)

However an EED can provide more retro , sometimes Mega retro, if the veteran can prove VA made a legal error to the veteran's detriment (based on established evidence VA had at time of the past decision) by filing a CUE claim on the past decision.

It is the outcome of the claim you are pursuing now which will control whether that older decision contained CUE.

Are you using ebenefits? Maybe that older claim decision will show up in the historic claims area....maybe not.

My ebenefits said I had 53 historic issues. And then I could not open that area anymore.

I didn't have 53 claims. I have been for over 2 decades , a pain in the butt ,to VA , so maybe they counted all of those PITB issues.

Does your brother still have that older decision ?

If not , maybe it should not take long to get a copy of his C file as that might be the only thing in it ,up to whatever they have received recently.

Edited by Berta
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  • HadIt.com Elder

Thanks Ms Berta

I felt the same way as Audie did  only I was not a movie star but I certainly agree with him.

''I wonder how long it took them to diagnose Audie Murphy with PTSD instead of 'battle fatigue' from WW2''.

('' He said in his book that doing all  those war movies , after his discharge, made his PTSD even get worse'' and he could not tell anyone how much he was suffering emotionally from that'')

I have a hard time if I watch a Vietnam movie to this day...so my therapist said don't I watch them.

I don't anymore.

take it one day at a time.

................Buck

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"Platoon" was my first date with my husband.

I had gone to see it before a few times with vets from the vet center I worked at 1985-1986- and they walked right out as soon as they saw the opening  scene....the one on the tarmac

Rod told me he would not walk out but I could tell it was difficult for him and many other vets in the theater to watch it.

I have 2 copies of Platoon ,seen it at least 20 times, but  the older I get, the more difficult it gets for me to watch it as a civilian.

Because I try to understand the sacrifice all of you Vietnam veterans have made.

To think they even used WMDs - weapons of mass destruction on you all (Agent Orange) but it took VA decades to recognize the extent of that catastrophic damage and cause of so much disability.

Audie wrote "To Hell and Back"

and all of you have a  'To Hell and Back' book inside you  too.

I need to find my DVD of "Article 99".....that movie had the vets taking over a VA!  It was fabulous!

 

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  • HadIt.com Elder

Ain't that the truth Ms berta

For some reason or another  asknod (Alex) and I have seen a trend lately as more and more Vietnam vets finally filing claims they so badly deserve.

I was one of those Vietnam vets that went to long without filing a claim...just to stubborn or a shame I suppose....but it got to where I could no longer work doing anything so I had to file for help to feed my family at age 50

If I had known what I know now I would have filed years ago...and I hope and pray for the rest of the Vietnam Vets Start their claim's ASAP.

I read some where here recently( internet I think?) as to where the VA is accepting telephone interviews for all combat veterans Applications for healthcare or claims.

.......................Buck

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