ptsd Ptsd But Can't Prove Stressor

[Pete53]

I am helping a Veteran who definitely has PTSD but served in Navy. The VAMC diagnoses him with PTSD and Depression but the problem is he served in Blue Water Navy and was attacked on boat as well as exposed to bodies.

I went through trying to get somewhere in 1992 but he would no cooperate and VA would not help.

In my mind his safest bet is to claim Depression serviced connected. Has anyone ever heard of Major Depression with PTSD as a Secondary.

The Veteran is my Brother I gave up and it was easy to get him a Pension 5 years ago but it irks me that he is not getting full benefits.

Any suggestions will be appreciated.

[MikeR]

They have me comorbid with depression, and I was treated for depression on active duty.

[john999]

MikeR

Go with depression. You have it in your SMR's and you have it now. There is your nexus. You don't need a stressor and you can get 100% more easy than PTSD. If you have combat awards then PTSD won't be hard, but why go that route when you have the depression documented in your records.

[jessejames]

I am doing a claim for someone now who was 11B20 entire service, 1 year duty in Nam, 3 VA psychiatrists diagnosis of PTSD related to self reported combat duty in Nam..CIB along with Army Commendation Medal and Good Conduct Medal left off his DD 214and the DA Form 20 showing all activities in service. VARO insists he MUST have CIB or combat action ribbon to grant s/c for PTSD. We have a Senator trying to get his Military Records (DD 214 corrected, but I have found several cases that may be helpful to you:

PTSD based on Basic training http://www.va.gov/vetapp05/files3/0514803.txt

In February 1995, the appellant filed a claim for service

connection for PTSD, which he asserted began in 1968 as a

result of basic training from June to August 1964. He said

he was not treated for PTSD in service, and was first treated

for this condition in 1968. He contended that during his

basic training in 1964, he was humiliated by aggressive

officers and sergeants who harassed him every day in a very

brutalizing way. He said he was taunted and abused

physically. He stated that he did not complain at the time,

but now felt he was harassed and emotionally abused at that

time, which led to his PTSD. In a February 2003 rating decision, the RO proposed severance

of service connection for PTSD, on the basis that there was

clear and unmistakable error in an October 1998 rating

decision which granted service connection for PTSD without

verification of the appellant's alleged stressors. The evidence is clear that the appellant has a diagnosis of

PTSD based on non-combat stressors related to his basic

training during his initial period of ACDUTRA. The appellant

did not serve on active duty, and did not serve in combat.

At the time of the October 1998 RO decision, the threshold

evidentiary requirement was that there was credible

supporting evidence that the claimed in-service stressors

actually occurred, as required by 38 C.F.R. § 3.304(f)

(1998).

Service connection for PTSD is restored subject to the law

and regulations governing the payment of monetary benefits.

http://www.iom.edu/Object.File/Master/35/6...e%20meeting.pdf

http://www.va.gov/vetapp97/files2/9717517.txt

http://www.legion.org/veterans/affairs/ptsd

http://cases.justia.com/us-court-of-appeal...80/1111/617307/

http://www.ptsdmanual.com/suppev.htm

http://www.ll.georgetown.edu/federal/judic...ns/02-7346.html

http://cryptome.info/0001/va102908.htm