MST Claim

[Broken Cat]

I am in the process of putting together a claim package for mental health issues related to MST.  Try as I might, I cannot find a VSO with experience in my situation.  It's taken me years to accept that I need help and that I need to address this once and for all, so when I say that I cannot handle doing this twice (submitting a sub par claim and then doing appeals) I really mean it. From day to day, I vacillate between thinking my problems are actually other people's inability to cope OR feeling like there is no point to me and that I'm a burden.If it weren't for the whole not being able to pay bills and risking alienating my kids for all eternity, I'd be perfectly content letting the world turn while I hang out at home and being maladjusted and mean.

In my perfect world, there would be a check list of things to submit for a fully developed claim. On this checklist, there would be a list of key phrases or high points that would help sway the decision makers into awarding adequate compensation. I haven't been able to find anyone that has had success doing this with a case like mine.  I have police reports from the MST.  I have trauma counseling records and AD medical records that clearly state a d/x for PTSD related to rape on X date. My counseling sessions identified dissociation behaviors, PTSD, and anxiety. One doctor even noted that I was combative and stated that I wished harm on my attackers. 

Obviously, the Navy handled this clear cut case of rape, with evidence and my complete cooperation, like they do any scandal.  They buried it and came after me.  That might be a secondary stressor, but I've been warned that claiming a secondary stressor could hose up everything and to keep my mouth shut?  kind of amazing that the advice that is meant to help, sounds a lot like the advice that sent me careening out of control all those years ago.

Anyhow, I survived, got married, got out, and went in and out of counseling.  Over the years, I've been diagnosed with PTSD, Chronic Depression, Chronic Adjustment Disorder, Agoraphobia, Generalized anxiety Disorder, and Dissociation Disorder.  I don't trust military medicine or the government, so most of my counseling was done through non-profit organizations and women's shelters. They're so secretive, that I felt it'd be safe to tell them what I went through and my statements wouldn't end up in the Navy's summary of Mishaps... again. So, I don't really have records of those, except for prescriptions that were reported to Tricare.   I do have my civilian medical records. It has page after page of doctors complaining that I broke down, was combative, emotional etc, etc.  I do have a few sessions with shrinks at MTFs in the last couple years. They were not keen on actual diagnostics, they just gave me the pills I asked for.

I'm shopping shrinks to assess me and give diagnosis. I'm not sure I need a nexus letter, but I'm thinking it wouldn't hurt.  I have a letter from my ex boss describing how my work performance plummeted over the years and how he made accommodations to keep me on. I also have a letter from me, describing my bad days and my rituals to get through them. My husband and his best friend were witnesses to the fallout of my rape, in terms of the military's response to me.  They can verify in statements that I did report it and go into counseling. They can also verify that I'm socially isolated and very codepenedent on them to meet new people or get involved in activities.  I don't have a single friend that they didn't make for me, first.  I do not know how to people. I don't have friends from work. I don't have "my own" friends from church. I don't even have people who like me well enough, and include me in things, without my husband and his best friend acting as intermediaries.  

oh, I also have the most recent sentencing transcripts for the ringleader of my attackers.  The judge stated that he felt this dude was unrepentant and a monster. He cited his past sex crimes, "both in the record and that didn't make it to trial" and his history of convincing others to help him conceal his crimes.  If that's not a shout out from the bench, I don't know what is.

Anyhow, I guess my question is, has anyone here done a fully developed MST claim with multiple bullet points for anxiety, phobia, ptsd, and depression, and get 100% or at least, a high enough rating to qualify for unemployability?  Without having to go through appeals and lawyers?  Was a police report enough, even if the military dropped it?  Should I give the C&P my evidence, letters, and my personal statement too? I'm sure I have 1000 more questions,  but I'm mostly looking for someone who has done what I'm trying to do.

[Broken Cat]

"(1) If the evidence establishes a diagnosis of posttraumatic stress disorder during service and the claimed stressor is related to that service, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in‐service stressor."

So, this is a 2008 rule change. I was told it would happen, by my trauma counselor, and it did. My medical and service records were purged of specific documentation, that are on the "evidence of stressor" (not alternative evidence) list. Buuuut, my counselor did hand me the original copies of my trauma counseling, that diagnosed me. There are also several statements in my medical records from subsequent evals, stating that I held a d/x for PTSD relating to assault. One jerk even went into great detail. It would seem, that this meets the above criteria, even though the above rule change was probably more for OIF/OEF combat vets.

I'm hoping this is the case, because, while I have alternative evidence like civilian police records and witness statements corroborating everything... I even have financial records... I'd like to keep this as streamlined as possible. I worry that this will end up on Sloppy Carl's desk and "too much" documentation will get me rubber stamped and I'll end up having to litigate for IU.

[Guest L]

Broken Cat - T-Bird is correct in all aspects of her post,"Validation".....

I have my police & NIS- crime scene and injury photos/ report too.  The one thing I took away from it is these  words - "She initiated a violent struggle with the offender". - Find your sentence in your  report and use it as a mantra.

It is easy to find any offender in the prison system, if you know what state. I utilized the inmate locator in CA to find my offender - and I have successfully blocked his parole and will again in 2019! Good Luck

[Broken Cat]

1 minute ago, L said:

It is easy to find any offender in the prison system, if you know what state. I utilized the inmate locator in CA to find my offender - and I have successfully blocked his parole and will again in 2019! Good Luck

I became a private investigator and worked my way into some pretty good databases and resources. Not the healthiest hobby, but it served its purpose.

 

As far as the Mantra. That's a good idea. I do think I'm gonna wait to deal with it til I have someone that can sit and read it with me. My husband is a font of support, but there's a lot I don't want him envisioning. 

[Andyman73]

@Broken Cat, I know it's been about 6 weeks since your last post. My name is Andrew, you may call me that or Andy, or even my username. I am a male MST survivor. I was assaulted 4 times during a 2 year period of my 6 years in the Marines. I was in '92-'98, and 3 of the 4 occurred before DADT was enacted. The 2 middle sa were by the same male predator. Anyway...I have not one single shred of physical evidence. And there are no known reports from when I was caught attempting suicide at my work station, either. From that came....nothing, no mental or medical health evaluations.

I began experiencing PTSD that year...1994, attempted to kill myself 7 times over an 18 month span, ending with my final attempt, the night following my 4th and last MST. Things just went away, I was so much more concerned with being falsely outed as gay by the male predator, and the effects that would have on my life in the Marines. It wasn't until January of last year that my memories came back. I called my local MST Coordinator, and she got the ball rolling by sending me the appropriate forms to fill out for PTSD due to personal trauma (MST). I did it all myself. No VSOs,...which I've only had bad luck and worse luck with. Claim was filed March 29th. Claim was decided and granted me 50% about 90 days later. I had my retro check by July 3rd. While they lowballed me by ignoring the suicide attempts and ideation, which is only in the 70 and 100% rating blocks, it only took 90 days. And this was all with no reports or physical evidence.

I am so very very sorry this happened to you. I am quite glad your husband is very supportive of you. My wife was very much not. Nonetheless, I survive. If at any time you have any questions or just want to chat with a fellow MST survivor, I am more than game for that. I do hope you get your 100%. You deserve it.

Semper Fi

Andy

[Broken Cat]

@andyman73 Thank you for your reply. I'm sorry I didn't see it til now. I assembled my claim, including police report, subsequent sentencing report that includes mention of his misconduct in service, my in service treatment records, and current nexus letter. Plus whatever VA forms. That was April 5. The requested and got a release on April 10. I completed my C&P exams on April 18 and 19. I guess, now we just wait.

[Guest L]

@Broken Cat  Good job on the culmination of evidence and claim submission.

I did mine myself too,  feel like it is cathartic in a sense... cleansing and reflecting- or a purge  

I hope and pray this has been your experience with healing.

I am attending a Parole Hearing in 2019 - The "inmate" is a Lifer, but CA is allowing even violent offenders out on Parole. 

Our fight continues!