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11cvolley
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Posts posted by 11cvolley
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CHecked on my claim today. Five months in the rating stage and still no update.... The 800# person put a request in that Ibe contacted by e-mail to see what is going on....
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I would talk to a lawyer first and then decide what I am going to do. Your potential employer admits discrimination because of your disability? That is rare indeed. You have that in writing?
No. They wanted a letter from my doctor stating that I can work and have no side effects that would limit me doing the job. I got the letter and they still denied me to job because they say I would be a risk to myself and others; however, there is no proof/ evidence of me being a risk due to possible side effects and I have letters from two qualified mental health doctors stating that I am fine to work 100%. The lawyer I talked to said it is illegal for them to presume you are a risk without facts or evidence. Especially when I have evidence proving I am not a risk.
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Just got back from seeing the EEO for wpafb and was told that I more likely than not will not get the job I was suppose to have until I got discriminated against for the meds I am on for ptsd; however, I will be looking at some sort of settlement. If it comes down to a check for being discriminated against should I refuse and take it to court?
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11cvolley,
YESSSSSSSSSSSS !
Best thing I've read all week !
lol that is good.
I'm sure I'll be holding just 30% for asthma for another year. The VA is most likely going to pull the usual government BS. Hurry up, wait, and disappoint.
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I hope I get a SCed rating but with the VA idk. After some recent events (last week) I changed my perspective on the asthma rating. The va can kiss my junk and I plan on keeping the asthma rating.
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Since I have all the evidence to prove my SCed asthma is actually anxiety should I go ahead and file for that? I was told by a friend of the family that I should open the claim and send in va records showing that my asthma is actually anxiety. She said that doing it now would be like a backup plan for when the va denies my ptsd claim. She thinks that the va is going to just deny my claim since I didn't get a C&P for ptsd. I already have a years worth of va records for treatment of anxiety and the diagnoses. So should I file for anxiety now or wait?
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Hey 11C,
Where were you in a mortar squad? When I was still in I was an MP at Campbell. Even though I've been out for over 5 years now I still have plenty of friends in CID and other investigative units. Man, I know it's easier to say than to receive, but I am confident the CID agents can help you in your endeavor for justice and to further advance your mst/ptsd issue. i was never trained in depth on invesitgations with cid or anything but I have to strongly assume that cid could subpoena a 2823 sworn statement from those individuals trying to quell your rape claims with crap like 24 hr CQ and telling you "it never happened, you're just making this up." if they can get that as a sworn statement under an investigation that's surefire evidence to prove that your first line supervisor neglected immediate conern for your physical & emotional welfare. Taboo or not every bit of attention should be paid to a male that has just experienced such a tragic event in their life. My prayers are with you, my brother. Let me know where you were stationed and I'll do everything I can for you man. I've been through the whole "extreme emotional torture and physical abuse as well"; I deeply sympathize with you man.
mid 2005
ft campbell 101st 305 airborn brigade B company.
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Yeah I was like wtf to no C&P. I find it hard to believe but my doctor said she has been seeing more and more cases SCed without a C&P lately.
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I think it is called the gi office on base that I made a formal complaint against my sgt about his abuse behavior. Still vague in this formal complaint but I vividly remember using the words mental and physical abuse a lot.
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I wrote several letters to my mother at the time and to the senator; however, the ones to the senator are vague but still mention mental and physical abuse.
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Thank you.
I reported it to my "rear d" Sargent after the unit deployed. (a few days after the last assault.) He told me that I wasn't assaulted sexually or otherwise. That he didn't want to hear anymore about it. His exact words were, "I know you want out on a honorable discharge." "If you want to keep it that way then don't cause any problems." "I can make your stay here hell and much longer." Well he did make it hell. Out of 40 soldiers on rear d I was forced to do 24 hour cq duty every other day.
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My biggest fear was the rater not properly applying the rules for ptsd claims due to rape. Back when I was in service I got help from my state senator and he was informed of the rapes and torture. Maybe my congressman's office got in touch with him idk.
As for how strong my evidence for mst goes I have every piece of evidence but mp reports of rape and torture. No medical records other than my doctor on base noting negative change in my behavior. Such as being withdrawn, emotional, no eye contact, and constant request for a transfer to medical hold. I do have an mp report of theft involving assault but I did not mention the mst part. Really hard to come out and say mst when they question you in front of several "peers" and when the people who assaulted me lived less than 50 yards away.
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Called the 800# today and was shocked to hear that my congressman's office called the 800# and provided more evidence in support of my claim.
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The psychiatris's notes also state that my ptsd is the cause of in service mst. IDK if that counts for anything?
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Well I never received a letter stating C&P and was never told during any appointment that this is a C&P.
About the GAF idk. He put it in my progress notes.
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Seen my VSO today and she has a copy of my VCAA. It does say asthma and ptsd on it. The only thing it says in regards to evidence needed is a diagnoses, verifiable in service stressor, and a nexus linking 1 and 2 together.
So I asked her about the possibility of this not being a proper VCAA letter. She said that we will cross that bridge if I get denied.
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Before I even applied for ptsd I was diagnosed by the type of doctor you are talking about.
My GAF score moves but here is the range 48-55
The same doctor (psychiatrist doctor) diagnosed me with ptsd, severe anxiety, and severe depression. He did note that my anxiety does seem somewhat better at times.
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Yes. I remember the paper stating ptsd and asthma but it was vague on what evidence was need. It did not say something along the lines of "we need this ####.## form or we need doctors statement from such and such to prove ptsd.
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It is a violation of your rights if they do not send a proper VCAA letter.
What does this mean?
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Look in your records. You should have a letter that is a VCAA letter. This is a requirement when you file a claim. The VA is supposed to send you a letter that describes the issue you are claiming and tells exactly what evidence you need to get there. If you did not get that letter with both asthma and PTSD on it then something is wrong. Tell us what you have in your records regarding these claims. You need to go to the VARO and make sure that you have claims that are at the rating board for asthma and PTSD. I am not even sure you actually have a claim in for PTSD since you have never had a C&P exam for it. When you made your PTSD claim how did you file the claim? Do you have a date stamped copy of the claim? No C&P for either the increase for asthma or for PTSD. That is very unusual. I am SC'ed for 7 different conditions. I got C&P exams for every one of them. If you are claiming an increase I have never heard of not getting a C&P exam. Something just does not smell right. Your VSO needs to give you some answers.
I have date stamped copy, Yes I did file. The only thing I don't recall is the VCAA. Closest thing to VCAA is the letter asking if I have anymore evidence if so I would have 30 days before they proceed or mark I have supplied everything and the claim would proceed.
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Just did some reading about VCAA and I did have to sign a paper asking if I had any further evidence, but it didn't list anything that they required from me for my claim.
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idk what vcaa is
30% asthma was done through pebs i think and no c&p from the va for it.
No ptsd exam. Claim is at rating board so it could go back a step for a c&p. I really don't know what is going on.
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11cvolley,
Good luck to you.
Hopefully you don't turn out to be another vet, that the VBA "morally" screws.
Believe me, if there wasn't ample medical evidence there - you would not have been granted
the 30 % to begin with.
There are claims granted at the BVA level for asthma secondary to PTSD - so you're just giving away
something that's not easy to get.
Also, don't put any stock into what the 800 number tells you - it's just a call center and
they can not provide much accurate information.
JMHO
Thank you. I guess it is still hard for me to accept I need their help after everything. I always feel like I don't deserve anything, or that its my fault im in this situation.
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Called the 800# today and asked the lady to look through any notes that might have been put on my claim. She said that a noted stated that there is enough evidence to proceed. She then stated that I probably don't need a C&P with all my treatment records, c-file, and whatever else they have. "Enough evidence to proceed" sounds to good to be true. So I set up an appointment for Tuesday with my VSO to see if she can find more out.
I Got Sced!
in PTSD Post Traumatic Stress Disorder Claims
Posted
Berta you made my day. Now I know my research and what the lawyer told me is true and that interpreted it correctly.
Sorry it took me so long to respond. I decided to install different versions of linux in replace of vista to keep me busy. Well today I finally found one that my wife and I both love. Ubuntu which is Debian based. So we are back online.
John999 - You are right that my claim against WPAFB would be mute if I got IU/100%. At this point I hardly believe the VA will do the right thing and give me SC for ptsd let alone IU or 100%.
I did get in the mail today a 18lb box of records from the RO regarding my claims from the in service asthma up to the ptsd information gathering stage.