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11cvolley
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Posts posted by 11cvolley
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If you don't want to go the lawyer route you should get your congress or senator involved.
IDK about getting your ex to write a letter saying what he did; however, if he was in same unit as you at same time then he could write about who else assaulted you and take it that route. This I wouldn't do just because IMO there are so many ways he can hurt you and your case if he wanted to.
Whatever you do DON'T let your claim expire. I'm in the same boat as you but with a MP report of a break in. Did not report the MST at the time. From my reading on the forums and what I heard you will win your case. Just stick with it and don't give up. Its not really a matter of if you win, but when you do.
IDK if this is true but if you are homeless your case would go through the system much faster. In your case I would do no shame in you playing the system and going to a homeless shelter just so you can claim homeless. No job, no bills, or anything else that can legally tie you to a place of residency would make it easy to claim being homeless. If you live with family or friends they'd have to vouch saying you just get your mail there. Living in a car is considered homeless as well.
If you're not receiving aid from your local job and family services you should call them. It would be easier to have the lady you get help from do it. Have her explain them your situation and they can set you up to see a female staff that will take you to a private area of job and family services to fill out the paperwork. < This I have had done. IDK if every place will do this.
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IMO you should find a lawyer or get help from a female that specializes in these claims. Like Susan Smith. She has been a big help to me.
You could also contact your senator or congressman. Tell them what is going on and make sure you tell them that the examiner said "unlikely anyone would marry the person who raped them" and how the RO is saying your PTSD is caused by your daughter. I'd like to think a doctor would look at that as possible stock home??? VA doctors are quakes.
The RO, VA is known for saying PTSD related to MST was caused from anything else but the in service events. IDK how many times I was asked if anything happen to me before the service.
Here is a link that has what Susan Smith gave me: How to win MST/PTSD claim
Susan Smith talking about winning your claim: youtube video
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On Ebenefits they have no date under the received column for my in service evidence/stressor. I did provide them with a police report. Should I be worried?
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Thank you for your support and everyone else.
I checked E-benefits a few minutes ago and my claim is at the decision phase now! I get the feeling that they're staying on top of my claim since in the past they were never this quick. So I called the 800# and they said my claim is being reviewed by a supervisor. I'm hoping this means they are going to apply the special rules and grant it.
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V.E.S. Sent my C&P reports to the RO on 9-28-2011. So it shouldn't be much longer I hope. Crossing fingers and praying for them to make the right decision.
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They maybe looking for signs of head trauma? During my C&P for asthma so they checked my feet for some reason. Also went over every x-ray and pushed on my rib cage and asked if it hurt to breath. The VA is just silly like that I guess. The paranoid side me is screaming trickery for you. Like see how you act at non ptsd appointment verse your ptsd c&p.
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Would my ptsd doctor have access to my C&P results?
I been beating myself up on some of the things I forgot to say during my C&P. Nothing major but still gets to me. My biggest fear is if the VA will service connect it since I never reported MST until last year when my wife forced me to talk to a social worker at the VA. Maybe they will since my congressman's office is staying on top of my claim. I'm rather sure if I hadn't got them involved I'd be filing a NOD by now.
If it does get approved by Dec then it'll def help when my son is born. Having the financial stress lifted would be a blessing. Even though no one is admitting or saying sorry for what was done to me I can still take it as being validated I think.
Kind of a weird day. I have my weekly ptsd appointment today and I am having that butterfly/stomach pain thinking about it. That little voice in my head is coming back saying, "I need to get out and do stuff again." Just isn't loud enough yet I guess.
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I'll cross my fingers for you as well. BTW, isn't it funny how the military is okay with everything being in the gray area, but when it comes to getting help it is all black and white.
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From what I heard the lady that helped me file doesn't think it'll be done before December. I'll never let my claim go until approved.
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Had my C&P for PTSD this past week. I think it went really good because the doctor only asked me questions that help them determine how severe my PTSD is. The questions were very similar to what would be asked to determine social, work, ect, ect impairments that fall under xx% criteria. With the Congressman's office involved I got a letter from the VA saying my claim would be sent to a rater for a decision within 60 days of them getting my C&P results. The 60 days is in a letter from the congressman's office as well. Fingers crossed.
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i would go down to the RO and ask them when you are scheduled to go and see the C&P for your PTSD. usually when you go for your C&P for one if you aren't checked in for another they schedule it on the spot....but for a different day. as was my case.
At this point it probably wouldn't be a good thing if I did.
Once again the reality I see which my doctor says is a false one has shown me that I am right and she is wrong. Winning my EEOC case has proven to be worthless. I feel no better and it was one step forward with two steps backwards. The shitty refrigerator we got from our landlord to replace the one that has broke just broke again. My pregnant wife has to stay at her parents until they come and get it as it is causing us to feel dizzy. It must be leaking coolant. Also there is no PTSD C&P on the way. Only for the asthma. So for being honest I'll have my 30% taken away with nothing in return. Taking apart a razor and testing this theory that there is a god makes sense. I have concluded that there are people in this world simply to go through hell and find their breaking point and that I am one of those people. My life has been nothing more than a series of waiting, let downs, and the occasional bone to keep me going. Might as well face it. People like me will always be an unsung, sorrow, spectacle of worthlessness. How much longer will I have to watch the bridge in front of me burn...
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No relation to the congressman.
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Got it in the mail yesterday but seriously... I got a letter for a C&P for asthma... I hope they are sending one for PTSD to. If not I'm seriously going to do something stupid... Maybe write a few letters that the VA won't find to pleasant or something along those lines. Seriously, how much being kicked while you're down can you take until retaliation is justified..... I'd like nothing more than to go to the RO and take a giant crap on their desk. Or have the ability to fire each one of them that gives me a BS answer.
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I feel the same way about them saying, okay, w/e. This guy is full out it.
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The first time you probably got the standard ptsd claims form and not the one for secondary to personal assault. Same happened to me but with my need to research everything I caught this and sent in the correct forms the first time. It is a shame the VA doesn't help vets understand what forms they need and just sends out their common ones. Then they turn around and try to put the blame on us vets. IMO the claims process is a much bigger mind game then basic training.
Do you have a VSO that you trust and knows what they're doing?
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The VA was just going to send my claim to the decision without a C&P exam before I contacted my congressman's office asking for help. Their staff for veteran related issues has forced the VA to return my claim to development and now I am waiting on a C&P. I don't care if it takes more time but I believe that getting your senator/congress person involved in situations like this helps a lot. Even if you get denied never admit defeat and file NOD plus continue your treatment.
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http://www.mediate.com/articles/krivis8.cfm
^ This is how I handled my mediation and it seems to be quite effective. Forgot to mention this but I found it extremely helpful to research as if you are the employer being accused of discrimination. As my favorite book by Sun Tzu, "Know thy enemy."
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Your employer can't say you can't do the essential job functions unless they have already gave you reasonable accommodations. On the same note if you have a history of minor infractions it would still look very bad for your employer to fire you over them after you have made a formal complaint to your HR office. In these cases it isn't solely who is wright, but also who seems to be morally right.
The things you mentioned that you forget or are lacking in right now doesn't seem to indicate you couldn't do the essentials. Them offering two weeks severance pay is a sign they don't a valid, legal reason to fire you. Don't ever think that you must be lucky to have a kind heart employer. They aren't there for you. They're going to take the easiest, cheapest route to get you out of there.
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I'm in the same boat as you in regards to the VA. Sad to say but unless you play by the book which most of us don't know exist let alone how to use it your employer will walk all over you and get away with it. Here are some links to keep you occupied. For me researching ADA, EEOC kept me sane and made me feel empowered.
http://www.womenemployed.org/docs/EEOC%20General.pdf
http://socialanxietydisorder.about.com/od/sadandworkschool/a/disclosure.htm
http://www.disabilityrightsca.org/pubs/506801.htm
http://www.peo7.com/newsletter/newsletter2Issue.htm
http://www.ada.gov/copsq7a.htm
You'll want to focus first on ADA law and how to determine if your disability is covered by ADA/EEOC
Then move on to searching for cases involving similar situations to your own.
I'll also add that if you are denied employment, or fired because of a disability your employer thinks you have but you don't you are still covered under the ADA.
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I just went through a successful EEOC claim on my own so I think I can help a little.
All but the service dog I know your employer is obligated to make accommodations. You'll want to contact the ADA and find out if you are covered by their Americans with disabilities act. If so make a written complaint to HR. Make sure you have a copy of the complaint signed by them and send a copy of your complaint letter by certified mail to your HR office. Next step is to give them a few days. If you are covered by ADA you can request a modified schedule, moved to part time, moved to different location in building, work space made more private, allow to call motivation coach/therapist/family/ect for support, and have and on the job coach.
By writing and making it formal with HR it'll make your employer look bad if they fire you with no cause that happened after your complaint. It would also be a good time to call the EEOC and make sure you have your ducks in a row. BTW if your HR refuses to accept your pre-written letter contact the EEOC asap. Whatever you do don't quit or resign. Let them fire you. Quiting or resigning is a "loop hole" and makes it easier for them to get rid of you without being legally wrong.
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Present yourself however you usually are at your bad times -
if your usually scruffy - then show up that way.
I guess I shouldn't worry. Every time I go to my once a week appointment I always tell myself, "You are not going to cry this time." Yet I somehow find myself at lease teary eyed. So I guess that is my biggest fear. Going to the C&P and being so shut down I sound like an emotional-less robot and the examiner taking it as, "well he seems fine."
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I'll stop shaving now. Having untrimmed hair and facial hair has been me on and off this last year anyways. The only thing that could mess it up for me is if the C&P doc is a male. I have a hard time opening up to my therapist of over one year and she is a very good person.
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Actually I know it is a setup. The PTSD clinic at the VA is never busy so why send me to an outside source if it isn't to fubar my claim?
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http://www.vesservices.com/ is doing my C&P exam....... I feel like this is bad news for me. I really wanted it done at the VA. It feels like I'm being setup to get my claim fubar.
I Got Sced!
in PTSD Post Traumatic Stress Disorder Claims
Posted
Haven't got my C&P results in the mail yet but had a question. I been diagnosed by my social worker and therapist ( Doctor that gives me prescriptions) and been doing treatment since June 2010. Does this long time frame of treatment count towards evidence for granting service connection for ptsd/mst? I ask because I was told at the VA hospital that another vet that got SC'ed was partly because she has been doing treatment for over a year and she has about the same amount of evidence as I do.