mountain tyme

January 20, 2007

I don't know what to say or how I feel...I prayed that the truth would prevail and it did..I received a favorable decision today from the VA for 50% disability due to PTSD caused from MST. I want to thank everyone here for the support and giving me a forum to hear my voice...you can not imagin the release one feels just to tell there story and then an out pouring of support that I have received from everyone here at this sight..

I hope that I can return the favor...and help others in need even if it is just to listen to your type written words...I will continue to help the Local Vets here in town and give out cards I made with the Hadit.com websight...T-Bird you can not imagin the lives that you have touched by creating this meca in a world of confusion...

God Bless Each and every one of You...May God Keep you and All those You Love in his Safe embrace.

God Speed

MT

January 19, 2007

I have been trying to get treatment forMST for several years now. I already have a 70% rating for major depressive disorder.....but heck!!! I can't even get treatment for that!!

Good luck in getting your claim for PTSD granted. According to their own standards, you should have the VA dead to rights, but sadly VA seems to play by thier own rules only when it suits their purpose.

Thank You...and I am sorry to hear that even after all the stuff I am sure you went through to get your rating that they are still putting up walls for you to get the needed support you need and deserve it is criminal...I will keep you in my prayers goofycow...that things will be put right for you.

God Speed

MT

January 19, 2007

mt

January 11, 2007

If you have NEVER filed for benefits, services, or compensation with the Department of Veterans Affairs - you may have to invest a few hours putting together your claim. Once you have compiled your "documentation", locate a DVA Regional Office, DVA recognized State office, or a DVA recognized representative. A "representative" is a recognized person from one of the many Congressionally Chartered VSOs, (Veteran Service Organizations - i.e.. VFW, PVA, DAV, AmVets, American Legion.. ), or check your individual state for a state-run veterans' affair office (i.e. Georgia; Georgia Department of Veteran Affairs). I personally suggest you use the state-run programs, as they have nothing to directly gain or protect by helping you. However, find what works for you in your area. Have an representative assist you in filling out ALL the paperwork for your claim. If they don't know something, have them contact someone who does. They are there to help you file your claim, make them do it. MAKE COPIES OF EVERYTHING! You can expect to wait a long time for a response on your claim. I can't tell you why this is, it's just always been that way. Hurry up and wait. Some disability claims have been stuck in the DVA system for many years. Good luck!

--------------------------------------------------------------------------------

What To Do When Filing A Claim with the VA

Written by: Robert F. White, MSA

myfranks@yahoo.com

Published by: National Gulf War Resource Center, Inc.

WWW.NGWRC.ORG

If you do the following you will have a better than average chance of winning your claim.

1. Gather All Military, Private and VA Medical Records

Gather all the military, private and VA medical records (get copies made). Make a Privacy Act Request at your VA Regional Office. They will have a copy of your Military Medical Record. Request Copies of Military Personnel Records http://www.archives.gov/research_room/vetrecs/ to include all restricted records, counseling statements and evaluation reports. Do not expect the VA to automatically have your medical records from your active duty. Those records will need to be requested either from your unit of assignment or the staging facility in St Louis, MO by completing an SF180. Call or visit your Service Officer from DAV, VFW, or American Legion for this form. Mail the SF 180 to the appropriate address listed on the back of the Form.

http://contacts.gsa.gov/webforms.nsf/0/6A7...ile/sf180_f.pdf

Written letters may be mailed to: The National Personnel Records Center (Military Personnel Records) 9700 Page Avenue St. Louis, MO 63132-5100. Response time varies dependent upon the complexity of your request, the availability of records, and workload. Please do not send a follow-up request before 90 days have elapsed as it may cause further delays. http://www.archives.gov/research_room/vetrecs/index.html

2. Obtaining medical records that are already within the VA system

Obtaining medical records that are already within the VA system can be achieved by faxing or mailing a written request providing a "release of information" to the VA Records Section. State the dates of records you’re looking for, doctors’ reports, lab and X-ray reports; your name, address, phone number, social security number, and signature. Label your request as a Privacy Act Request.

3. Go to your civilian doctor

Go to your civilian doctor, have him/her perform a C&P exam. Download a copy of the exam from the VA web site http://www.vba.va.gov/bln/21/Benefits/exams/index.htm. Have your doctor perform all the test you should have. The VA rarely does the necessary tests. You need to have this done because the VA will not do a complete C&P examination. See #4 for further explanation

4. Get statements from all private doctors or other medical provider

Get statements from all private doctors or other medical provider, have them state that your problems and how they could be service connected. Get more than one doctor to say the same thing then write if two doctors say the same thing, then the reasonable doubt (§3.102) rule should apply and you state the probability is slim that the issue ISN’T service connected. Doctors don't like to be pushed to give tenuous opinions - unless they are lousy doctors who will swear to anything. And the bottom line is that the opinion won't be worth spit unless he has medical findings to support it. It is awfully easy to disregard a "definite" opinion given by some yo-yo who hasn't made a decent exam nor recited any findings to give that opinion a sound basis. You need to tell the doctor what you were exposed to in the military. If you have documentation, then show that to the doctor, then ask the doctor to assume you were exposed to this hazard in service, and this is his work and personal history where he did not have other similar exposures, then assuming those things to be true ask the doctor to express his opinion based on reasonable medical certainty as to the cause of his condition? If the doctor is uncertain, then you need to him/her to say he/she it is probable. Obviously the more evidence the better. The fact is that one opinion of probable, based on the right assumptions and medical facts and findings, is enough to carry the proof because probable means that it is more likely than not, and the legal system operates on belief that truth is that which is most likely. Medical facts means the doctor can’t say it’s a particular disease with out the required blood tests, cat/MRI scans, and whatever is necessary to prove the doctors opinion.

An example would be, if the doctor says you have cancer and when there has been no cat scan, no biopsy, no blood test of antigen - looking pale, or an undocumented complaint doesn't cut it. Or, to state it differently, when there are complaints that are not documented by physical findings, the doc can talk all day about how disabled this man is (because he says he is), and that really is unpersuasive.

There are exceptions. Connective tissue diseases exist which cannot be documented. There a doctor can say in his/her letter to the adjudicator: “the complaints are persistent, and this person who used to be happy and outgoing and very active has now adopted a very restricted lifestyle. There is a recognized medical condition called xxx. It causes the kinds of things which force a person into that sort of lifestyle.” There is no known test to identify and diagnose this illness (the doctor needs to be direct the comments to either a Judge or adjudicator by talking in the first person) The doctor should state he “believes in this person” and he/she should state “If you also believe her complaints and that she now lives this lifestyle, then you have to believe she has this disabling condition.”

5. Get statements from anyone

Get statements from anyone who knows you and your issues. Write your own statement too! Have these individuals state how the problems affect you (example: It is hard to bend over, or squat, or hear, etc.). This includes your wife, kids, parents, co-workers even the guy/gal walking along the street. All of these people can contribute! All their statements are evidence that must be considered. If you have them put their phone number down on the statement and request the adjudicator to call (not if they have any questions), the adjudicator is required to call. If they don’t call, you have grounds for appeal. The medical facts and findings speak louder than any of this testimony, and the veterans own testimony is quite powerful in describing the effect of this proven medical condition. The VA doctor's report that seeks to negate the claim is wide open to attack when he fails to do procedures or make determinative tests.

6. Get the Vet Center Records

If you have been going to a Vet Center, get their records. They are independent of the VA medical system (CAPRI) so you need to get a statement or copy of your provider’s notes or both from your treating Social Worker.

7. Vocational Rehabilitation

If you have gone to Vocational Rehabilitation (Voc Rehab), you were evaluated by them too. Do a Privacy Act request and get all copies of evaluations and anything else (to include reports of contact [ROC]). The Voc Rehab evaluations carry some weight, since they are independent evaluations. Get copies of the contractor evaluations (the people that did the Voc Rehab screening) and the VA’s Voc Rehab evaluations.

8. Legal Research

Go to http://www.findlaw.com or http://www.veteransresources.net/database.html or http://www.va.gov/vbs.bva/ and look up all Board of Veteran Appeal, Court of Veteran Appeals, US District Court, US Court of Appeals and Supreme Court decisions that affect your issues. These legal opinions as well as the courts opinions narrows the focus of how the adjudicator can look at the evidence. Use these sites to support your other evidence. Do your own legal research! If you don’t have access to the internet or are not internet savvy, you can get copies of any appeals and decisions from the VA. They can be requested from Veteran Benefits Office or the Adjudication Office. A simple phone call to one of those offices, explaining that you are requesting a copy of those records for your own file should be sufficient. Keep the information of who you talked with and their phone/fax numbers and addresses in your notebook for ready reference! Again, you may need to provide this request in writing, but this can usually be accomplished by phone or fax. Some Service Officers from DAV, VFW, or American Legion will do this for you, but don’t depend entirely on them! Some mental health records are kept separate from the main medical records, so again, you may need to call the Mental Health Clinic in your VA to request copies of those records from that office.

9. Statements From VA Personnel

If you have been seeing a counselor at the VA Hospital, then get him/her to write you a statement of how bad they think you are. Plus, write up a statement on your own, let the adjudicator know about your background, your stressors and how this affects your daily life. Counselors are sometimes skeptical that people are acting out, pretending, not real. If the guy is really bogus, you might do better not to ask, but in truth, further questioning may well reveal that the skeptical counselor really believes the guy is pretty bad off or he wouldn't be going through all of this. That it is the stress of daily life that drives him to it. And NO counselor ever treats a death threat as anything other than real!

10. SF 180

Use our system to create a customized order form to request information from your, or your relative's, military personnel records. You may use this system if you are: A military veteran, or Next of kin of a deceased, former member of the military The next of kin can be any of the following: surviving spouse that has not remarried, father, mother, son, daughter, sister, or brother. If you are not the veteran or next of kin, you must complete the Standard Form 180 (SF 180). You can obtain this form from Fax-on-Demand, or download it, then mail or fax it to the appropriate address on the form.

The SF 180 may be photocopied as needed. Please submit a separate request (either SF 180 or letter) for each individual whose records are being requested. You may submit more than one request per envelope or fax. How to Initiate a Request for Military Personnel Records: Click on the "Request Military Records" button to start. This will launch a separate window. Enter the required information in the system to create your customized request form. There are 4 steps that you need to navigate. The system will guide you through the steps and tell you exactly which step you are on. Print, sign and date the signature verification area of your customized form. If you don't have a printer, have a pen and paper handy and we will guide you through the process. This is important because the Privacy Act of 1974 (5 U.S.C. 552a) requires that all requests for records and information be submitted in writing. Each request must be signed and dated by the veteran or next of kin. Mail or fax your signature verification form to us, and we will process your request. You must do this within the first 20 days of entering your request, or your request will be removed from our system.

11. Reviewing Your Military Records

Review your military medical records and make a list of every ailment that you had while on active duty. Note each biohazardous exposure you may have had. For example, If you used cosmoline on everything to protect it from rust, and then we would be in carbon tetrachloride up to the elbows because that was what used to clean it off. Carbon tet is cancer producing. I am sure there are many other examples.

12. Cross Reference All your Military Ailments With Your Civilian Ailments

Cross reference all you military ailments with your civilian ailments. If the problem persists or a secondary issue has cropped up as a result of the issue that developed during your time in the military then you need to apply for that issue (as a secondary issue). An example of a secondary issue would be if you hurt your right knee and had to put weight on your left knee and now the knee is damaged. You can claim the left knee as a secondary issue to the injured right knee.

13. Downloading

Go to the VA web site and down load all the Fast Letters, Memo's and any other documentation that will support your case. www.va.gov.

14. Go to the DAV, PVA and any other VSO Web Site

Go to the DAV, PVA and any other VSO web sites and bookmark them (and down load anything related to your claims).

15. WARMS

Go to http://www.warms.vba.va.gov/bookc.html. Look up what your issue is and determine the percentage that you want to apply for. Now 98% of the Veteran Service Rep’s (VSR's) will tell you not to give a percentage, but if you don't ask for a percentage and you are awarded 0% for an issue, you can't complain because they gave you exactly what you asked for. If the adjudicator denies your issue and you did not ask for a certain percentage, then you have to prove the VA didn't follow proper procedure (this is very hard to prove). Your VSR will tell you that the law can change. If it increases then just fax, email (w/receipt) or mail in an updated request. If the percentage decreases, you don’t need to do anything. The Veterans Claims Assistance Act of 2000 allows the law that is most favorable to you to be applied to your claim so don’t change your percentage.

16. Current law favors the Vet.

The VA fights it but you can use this to your advantage. Invoke VCAA. Read, understand and learn what VCAA can do for you. If you are within a year of the VCAA letter you received, then you have rights to reopen old cases, don't let the time limit pass.

17. You need to tell your story

You need to tell your story as to how you were injured. You need to compile all your evidence by issue. Yellow highlight those portions that pertains to you and your issues. Cite this in your narrative. You need to write up a narrative of how you were injured, under what circumstances (Who, What, When and How). List anyone who might have witnessed it. If you have a phone number or address, you need to provide that with your statement, cite the times you went to the medial facility, and later the follow-up care you have received from your private doctor. Invoke the reasonable doubt clause as well as all legal citations and regulations that support your claim VCAA. Site VBA and Court of Appeals legal cases that support your claim that you are entitled to a certain percentage rating. You will refer to evidence that you collected. Review the ratings percentages. Think of your worst day (pain, etc.) and rate yourself on that basis. After a few years your pain will probably be at that level, unless you can get the symptoms reversed somehow. Look up medical studies to support your claim and provide those studies to help in the adjudication process. VA or DoD or NIH medical studies are the best. It’s hard to argue with yourself when yourself (the government) has come to the conclusion that the problem exists and what the symptoms are (which are the same symptoms you’re reporting).

18. Eligibility

You are entitled to claim all periods of active duty, all periods covered under Vocational Rehabilitation and any injuries suffered under the care of the VA for the purposes of disability claims (issues). You need to list all periods of active duty, to include ADT and reserve time. There are limited benefits for non-active duty personnel. By stating the periods of active duty, and providing documentation (such as copies of orders), you will increase your chances of winning your claim.

19. C&P Examinations

Go to the C&P office at your local VA Hospital (if you’re too far away, having them either email or fax to you the exam criteria). Go to your private doctor. Have him do the C&P exam the correct way. Make sure he is a specialist (preferably board certified) in the field. Then show him the exams you were given by the VA as well as all your personal medical records on this issue. Ask him if he concurs with their exam. If he doesn't, get him to put it in writing and cite the different tests that he performed to support his conclusions. If he can cite any medical studies, that would make his statements stronger too. Thus you beat them at their own game. When you write it up, make sure you had the "COMPLETE" C&P exam done by a private doc and the VA doc's refused to perform the proper tests. Under the reasonable doubt rule, you have proven your case, and they failed to prove theirs. Get the doctor to explain the disease and the disease process, and the way it develops and what it can lead to, as well as describing the tests that prove or disprove its existence. Let the doctor describe a little of the misery involved. Then after you have agreed as to what needs to be done schedule the client for that examination. That raises you to a reasonable level of function as to the medical aspects. This way the doctor is explaining the disease to the adjudicator so the adjudicator will understand the disease and better informed and able to make a fair decision.

20. Idiot Proofing Your Claim

List every time you went to the doctor, provide a copy of that medical record, highlighted the medical record and bunched them together in a group so the claims examiner does not have to hunt for the information. You need to idiot proof the claim! You need to give your claim to a third party and see if they can find holes in your arguments. Try and anticipated the weaknesses in the claim and find the law or regulation that turned the weakness into a strong point.

21. Finalizing Your Claim

After you finished pulling your information together, you need to find an organization that will represent you before the Veterans Administration. If there is any supporting evidence you can not find, either the veterans representative can try and find it or the VA is required under the Veterans Claims Assistance Act to find the documentation for you. You need to point out what documentation they need to assist you and you need to provide them enough information necessary to find it (Who, What, When, Where and How Much).

We suggest you print this page out for future reference.

[NOTE: The information above is merely a series of suggestions for filing a VA claim. There is NO guarantee your individual claim will be approved. Unfortunately, many eligible disabled veterans are denied enrollment and compensation every day. We hope these few suggestions help you in getting your VA benefits approved.]

January 8, 2007

MT ...no she hasn't had or been offered a C&P from the VA.

I am going to assume from your last post that you filed a claim for PTSD due to MST and that you filed prior to requesting your military records...if this is indeed a correct assuption

1.) do not be surprised if your medical records have already been sent to the VA and there will be a letter telling you to contact the VA if you want a copy of the medical records because they will have the hard copies..

2.) Do not be surprised if there was any investigation into any incident that happened during your wifes military career is no where in your records...by what I have been told that records of investigations like social action complaints, or UIF folders, even letters of appriciation or Airman of the month or quarter are not nomal kept as part of your military permant records.

B. I am assuming that your wife has IMO (diagonis for PTSD) if this is so then depending on how it is written up and if the VA accepts the report and a nexus was made in the IMO to an in service stressor they may or may not ask her to go in for a C/P they may be able to rate her based on the IMO report. When the VA requests a C/P it is normally for then to determine through there own doctor if there is a question of a nexus...or to disprove it is an inservice stressor that is causing current symtoms...

c.) I am hoping that you are gathering up evidence ...A time line is very helpful in PTSD cases...esp. if you can put dates, times, Names of people who were present at the time...the VA will not find these people for you...that you will have to do yourself..unless someone you name has sought VA care there isn't really any way for them to track them down esp. if you do not know there service number...

d.) this would be a good time to contact people who knew your wife prior to being in and out of the service...who can write a letter to the change they seen in her....before she went in and how she was after the MST occured...

One way to find people who served with your wife or may know something about her situlation would be to go into Military.com...and go into there buddy finder...also you can go into unt finder...

This happened to me...while I was in the Military I had to work up quite a bit of suicides...there were a few bad ones that I had to work up at a missle silo...well I could not remember any one who was there...and when I received my Military records there was no indication that after I finished one of these cases I was treated by the Medic on site...so what I did was I went into Military.com and went to Unit finder...I went to the detachment that was there when I was stationed at that base..and sent a message if anyone remembered this partical suidcide...I was able to get two letters from a Sargent and a Captain that remembered me...now I did not put my name down just my email and they named me...so I put that also into my VA claim as part of the stressor in service..

so sometimes you have to think outside of the box while working up your claim...esp. if quite a few years have lapesed...

I hope some of this information helps...I tend to get off track..there are many great people here on hadit that have way more experiance in this kind of stuff then I...

Just make sure you don't miss any of the deadlines...

MT

January 7, 2007

Just a Thought....Why couldn't there be a training seminar put together for the sole purpose of "How to File your Claim for A to Z...

with seminar that concentrate on certain areas...just a thought...it seems so simple on the surface but once you file a claim you need to do it right from the start...and not assume anything...just a thought

January 7, 2007

The 120 day mark has past but the year hasn't, it's up in April. We're still waiting for more info to come in and see if there's anything else that was missed...thanks

Waynes wrote: We're still waiting for more info to come in and see if there's anything else that was missed...thanks

Are you going through a Service Organization to help you with your claim? or are you waiting for the VA to ask for more information? Now this is only my opionin but in my experiance with the VA I don't believe they will tell you exatly what they really need to help you succeed at winning your claim they will give you information as to how to file your claim and general information but they are not clear and to the point...the VA is nothing more then a Workman Compensation company of the U.S. Military...and like most Workman Compensation Companies they are going to pay out as little as they can...So in order for one to get the best settlement one has to be pro-active in there case...no one know's your case better then yourself...I know I made mistakes on my claim and after reading hadit.com I am learning...and I most likely will never understand the VA system but at least I can have a better understanding...

Has your wife gone to a C/P for PTSD through the VA??

MT

January 7, 2007

Thanks MT for the Book!
I guess what I was asking, since my wife has already got a claim filed for PTSD due to military sexual trauma (and denied) should she do another claim mainly for MST or just add a note in her original file about the harassment with proof.

Waynes wrote: my wife has 2 statements on record from her captain verifying sexual harassment from fellow soldiers given to her physician when she was hospitalized for suisidal ideation. can she add this to her existing ptsd claim for military sexual traum or does she open a new claim?

Since you have already filed a claim for PTSD due to MST and it was denied...has the time of filing a NOD gone by? If it has I would think you could re-open the claim with new evidence with the 2 statements...this way when your wife is given an award it would go back to the date on the first claim. If the claim for PTSD is still an on going claim YES MAKE sure those statements are sent in (copies of course never send the originals) as evidence that an In-service stressor took place! The thing is about MST is even though the incidents occured the VA requires proof that it did...in form of Medical records, buddy statements, incidents reports made at time of service...letters to friends and family that were written during that time in service both to someone and from someone indicating the incident...the VA wants some type of proof outside of the serviceman account...You are very lucky to have those two statements...and those statements will be proof that an inservice stessor occured...which should be (should be is the majic word) enough to hold up your claim. If the diagnois of PTSD and if the doctor (IMO) connected your wifes current condition to the MST that occured inservice I think you have a winning case...Another important part of MST is the stressor letter...and that will be the hardest letter to write...in that letter it should have as much detail on what happened at the time, and how the events back then effect your life today...and when I say life I mean how did those events effect how you interact with other people close to you...after the tramua did you find yourself distancing yourself from those you love...did you find yourself losing intrest in things that once brought you pleasure....did you find yourself avoiding people and places that are associated with your time in the military...it is very important that how it changed your life then and now is brought out...This is where statements from your family, friends and buddies that knew you during your time inservice will come into play...I know this is a hard road to go...but when you went into the Miliarty there was nothing wrong with you...Uncle Sam welcomed you with open arms...You were not broke physical, physcological, or emotionaly...So as the sign say's in the store....You broke it you brought it...if you can not fix what was broke then for goodness sake compenstate and give this Hero some piece of mind!.

MT

January 7, 2007

Just another thought, what if you were to contact that VSO's department...
in example, if the VSO is Al go to WEB: http://www.missourilegion.org
and ask about who is handling the existing case load and exactly when
you can expect to have actual representation.... the same holds true if it's
a different organization such as VFW, DAV, VVA.

Might be worth a try to rattle someone's cage and see what shakes out. jmho

I will do that as well...perhaps they can give me a time line on when there will be a replacement...after the 4th SO left the area I decided enough is enough..so I called AMVETS to see if someone in that office could assist me...but I was told by the the VEt rep. there that since the MO.Vet.Comm already has my POA and it is now being appealed that they could not assist me...but that is water under the bridge..I essence I did my claim alone from start to finish...when it comes right down to it...I didn't trust anyone to help me...even the paper work I handed in the office here in town..I would always mail the same packet out I gave them because I was afraid it would get lost on there desk..and never make it to my c-file...and I wanted proof I sent it...so If I win my appeal then I know it was because I kept on going..if I get denied then I will pick myself up and I know that I can get help here...

thank you for the info...

MT

January 7, 2007

Hello waynes: I hope the following information will be of help...

"Military sexual trauma includes rape, sexual assault, or persistent sexual

Harassment that was "threatening in nature," according to the Department of

Veterans Affairs."

also....

In the VA site it states:

" What is Military Sexual Trauma?

Military sexual trauma refers to both sexual harassment and sexual assault that

occurs in military settings. Both men and women can experience military sexual

trauma and the perpetrator can be of the same or of the opposite gender. A

general definition of sexual harassment is unwelcome verbal or physical conduct

of a sexual nature that occurs in the workplace or an academic or training

setting. Sexual harassment includes gender harassment (e.g., put you down

because of your gender), unwanted sexual attention (e.g., made offensive remarks

about your sexual activities or your body) and sexual coercion (e.g., implied

special treatment if you were sexually cooperative). Sexual assault is any sort

of sexual activity between at least two people in which one of the people is

involved against his or her will. Physical force may or may not be used. The

sexual activity involved can include many different experiences including

unwanted touching, grabbing, oral sex, anal sex, sexual penetration with an

object, and/or sexual intercourse.

Furthermore.... There Unique Aspects of Sexual Trauma Associated with Military Service because Sexual trauma that is associated with military service most often occurs in a

setting where the victim lives and works. In most cases, this means that victims

must continue to live and work closely with their perpetrators, often leading to

an increased sense of feeling helpless, powerless, and at risk for additional

victimization. In addition, sexual victimization that occurs in this setting

often means that victims are relying on their perpetrators (or associates of the

perpetrator) to provide for basic needs including medical and psychological

care. Similarly, because military sexual trauma occurs within the workplace,

this form of victimization disrupts the career goals of many of its victims.

Perpetrators are frequently peers or supervisors responsible for making

decisions about work-related evaluations and promotions. In addition, victims

are often forced to choose between continuing military careers during which they

are forced to have frequent contact with their perpetrators or sacrificing their

career goals in order to protect themselves from future victimization.

Accordingly, many victims are reluctant to report sexual trauma and many

victims say that there were no available methods for reporting their experiences

to those in authority. Many indicate that if they did report the harassment

they were not believed or encouraged to keep silent about the experience. They

may have had their reports ignored, or even worse, have been themselves blamed

for the experience. Having this type of invalidating experience following a

sexual trauma is likely to have a significant negative impact on the victim’s

post-trauma adjustment.

What Type of Psychological Responses are Associated with Military Sexual Trauma Victimization?

Given the range of sexual victimization experiences that veterans report

(ranging from inappropriate sexual jokes or flirtation, to pressure for sexual

favors, to completed forcible rape) there are a wide range of emotional

reactions reported by veterans in response to these events. Even in the

aftermath of severe forms of victimization, there is no one way that victims

will respond. Instead, the intensity, duration, and trajectory of psychological

responses will all vary based on factors like the veterans’ previous trauma

history, their appraisal of the traumatic event, and the quality of their

support systems following the trauma. In addition, the victim’s gender may play

a role in the intensity of the post-trauma reactions. While the types of

psychological reactions experienced by men and women are often similar, the

experience of sexual victimization may be even more stigmatizing for men than it

is for women because these victimization experiences fall so far outside of the

proscribed male gender role. Accordingly, men may experience more severe

symptomatology than women, may be more likely to feel shame about their

victimization, and may be less likely to seek professional help.

Department of Veterans Affairs Disability Compensation for Sexual or Personal Trauma

A number of women and men suffered sexual or other personal trauma while serving

on active military duty. These veterans may still struggle with fear, anxiety,

embarrassment, or profound anger as a result of these experiences. We cannot

undo the past; however, if a veteran suffers from the effects of trauma in

military service, VA may be able to help them.

How Does VA Define Sexual or Personal Trauma?

Sexual or personal trauma are events of human design that threaten or inflict

harm. Trauma is defined as any lingering physical, emotional, or psychological

symptoms. Examples of trauma are:

Rape,

Physical assault,

Domestic battering, and

Stalking

Can You Receive Compensation for Your Disabilities?

Disability compensation is a monthly payment to a veteran disabled by an injury

or a disease incurred or aggravated on active service. You must have been

discharged under other than dishonorable conditions to be eligible, and must

currently suffer from disabling symptoms to receive compensation. A common

disability resulting from a sexual or personal trauma is Post Traumatic Stress

Disorder.

Post Traumatic Stress Disorder (PTSD) Secondary to Sexual or Personal Trauma

PTSD is a recurrent emotional reaction to a terrifying, uncontrollable, or

life-threatening event. The symptoms may develop immediately after the event or

may be delayed for years. They include:

Sleep disturbances and nightmares,

Emotional instability,

Feelings of fear and anxiety,

Impaired concentration,

Flash-backs, and

Problems in intimate and other interpersonal relations.

Also according to Wikipedia, encyclopedia

Military Sexual Trauma (MST)

Military sexual trauma is rape or any sexual assault, unsolicited sexual harassment, stalking and/or other violent acts experienced by a member of the military. Both females and males have been raped or sexually assaulted, harassed and stalked in the military during peacetime and during war. The Veterans Administration offers free counseling for MST. You may qualify for Veterans Compensation benefits. Click this link for the main Veterans Administration page, http://www1.va.gov or call VA Health Care Benefits: 877-222-8387.

Many traumatized individuals have developed Post Traumatic Stress Disorder (PTSD) as a result of personal trauma in the military. Men and women with PTSD may not realize that sexual trauma from years and years ago could effect their lives, careers and relationships. For males, the stigma of having been raped may be great due to social standards. Some veterans have never discussed what happened to them while serving in the military. Mental health counseling at Veterans Administration Hospitals is available for any peacetime or wartime veteran who seeks care for personal/sexual trauma.

If you wife has any buddy statements that would be a great help too...

MT

January 6, 2007

Go Here:

https://iris.va.gov/Scripts/iris.cfg/php.ex...p_sp=&p_li=
Select Question
Compensation & Pension Benefits....or....Health Benefit and medical care
2a Hit next
Fill-in form information....Are you a Veteran YES
Put in SS# and continue with the form
write in the method that you want a response from...E-mail...Phone....Or US mail
Select your choice for is the Question Regarding....Benefits you are currently recieving..Benefit you would like to apply for..An existing claim
Existing claim number if you have it.....The number of your claim example: CXXX XXX XX
Write in your question or statement in the Box provided
Click on the submit button
Only select the sumbit button one time. If you have entered one of the fields incorrectly, you will return to the prior page to correct erroneous entry. After you have corrected the error only click the submit button one time. Wait for the submition to be entered, and then they will send you an e-mail or response that you have chosen..e-mail...telephone...US mail.

If you selected response by e-mail, then you will be sent an e-mail with their response link. Just click on the link in your e-mail and it will take you back to their site with your response.

If you use the email response, and they sent you an answer with the answer link you can continue the question for another response at the same lind that they will responed to you with.

Opinion:

I have found this lacking. Sometimes the response is yup. Sometimes like one of those fortune teller machines..you know...That could very well be or it doesn't seem so.
Try to be factual and brief with you question.

Thank You so much for the information and the steps...that will help me out...I did go back into the VA web site and hit on RO office for St. Louis and the site in now under construction so I couldn't send an email there...but I will go ahead and try the link you have listed...

again Thank You for your time and information very helpful indeed

MT

January 6, 2007

RockyA1911 wrote:

Did you click "Ask a question" and get the IRIS site with the drop down menu selections?

response:

Of course not...that would have been to easy! actually I did not think of that after the answer to my question came up...but I will go ahead now and send a question...

but after reading your question on VSO...it looks like it will be a dead end for me to even ask the status of my claim if due to policy at the VA that they can't devugle that information to me...that I will need to go to the VSO office in town and tape a note on the door that if there is ever a replacement for this office to contact me...Frustrating as it may be...I am sure things will be as they should.

Your post (question) about the VSO deciding on what priority each claim had at the AMVET is interesting and I am going to watch that question with interest..

have a great day Rocky and again I will go ask a question...

take care

MT

January 6, 2007

Good Morning,

I have a question...I went to the VA web site and put in IRIS inquiry then I was directed to FAQ then I put in status of my VA Claim the answer came back...

" Contact the VA Home

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Date Created

07/26/2004 09:01 AM

Date Updated

07/30/2004 09:05 AM

Print FAQ

E-mail FAQ How can I check on the status of a pending claim?

Inquiry

How can I check on the status of my pending

disability claim? can I check status online ?

FAQ

To determine the status of a pending claim, you can call 1-800-827-1000 and follow the recorded instructions. Currently, there is no other on-line access to claim information.

Related FAQ's

• Compensation & Pension Benefits

• Can I get a copy of my discharge papers?

• What does preferred facility mean?

So what can I do to check my status through IRIS...am I putting in the wrong question...thank you in advance....have a Safe weekend.

MT

January 5, 2007

My expeience has been that the people at the 1-800 number are slightly above the moronic level. I THINK they can probably tie their shoes, but I'm not certain. You can A: Go to the local VARO office where your claim is being handled, or B: wait. Not good answers, but there you have it. And sometimes the claims get farmed out to other VARO's so you may not even be able to do that... sorry but its just another way of keeping us confused as far as I can see.

As far as the SO rep... bull. They are paid. They do a job. If they are volunteers maybe I could see it, but the fact is that if you get paid to do a job, you do that job to the best of your ability. However, again they are only good for filing a basic claim at BEST - again only my experience but there you go. I use my state people from time to time to check on the status of a claim. They can sometimes get a more correct answer of what is going on, but that depends on wether they know how to actually use the computer gathering dust on their desk. I have been blessed with a couple of people Ruby, and Don at my local state VA rep office that actually can. Yet, I still wouldn't trust them with my claim.

So its a waiting game. Just try and be patient and plan your next move if in fact you are denied. I know the stress is horrid, but it can take anywhere from 12-24 months to even get a rating - denied or not. The VA is experiencing a large influx of claims and to my knowlege they haven't brought many new people on board. I'd say this is actually intentional. The longer a claim takes, the more chances that a Vet will either die, or give up. The VA plays the odds, but in a sense, they have made the rules and stacked the deck, so they win. Even if your case wins, there are literally thousands left scattered by the wind of bureaucracy. For example, if the VA was Vegas, house odds would be something like 500% compared to 2-3%. And Vegas makes million on that little edge.

Is this all Gloom and Doom? Yes. Sorry, but until the system is demolished, rebuilt upon compassionate and common sense lines, it is what it is. Thats not to minimize your claim. Again, if you can afford the time, I'd go to the horses mouth and see what the heck is going on, but for many that simply is not an option. I filed for the adaptive vehicle grant and they ran me in circles, yes they had it and it was being processed, no they never received one, yes, but it had been sent here or there, etc etc etc... finally I drove, with a filled out form to the Nashville office. They pulled my file and guess what was rubber banded to the very top? Yep, the original request. I left with it approved that day. However, dont confuse yor state rep with your local VARO - VA regional office. Its the one in a federal building with nobody in the waiting room normally. It's where you 1-800 number calls get routed normally - unless they have farmed those out too, and the only way to find that out is to call the 1-800 number... go figure.

Sixsence wrote: I use my state people from time to time to check on the status of a claim.

when you say state people are you refering to State Representives Like senators or congressmen? Our state Sentator has an office in town...

second question... "Even if your case wins, there are literally thousands left scattered by the wind of bureaucracy." Now that statement is a reality...that I need to look into...it will keep my mind busy...I have met quite a few people at the Vet office in town...and I made up calling cards with hadit.com web site and told them to go to this site...it could help them...I never thought about how many vets are out there that are like me and just don't know the ropes yet.....and now when I read post from other members of hadit and read the trials they are going through ...I keep all of them in my prayers...when all else fails there is hope and that is what will over come the Gloom and Doom...after every storm the sun finds a way to peek through and before you know we are embraced in it's warmth...that is the way of life...

I thank you sixsence for the help...I rather have some one be direct and to the point...it saves time...to bad the VA hasn't adopted that approach it would save millions in tax dollars!!!!

MT

January 5, 2007

Mountain,

From your last post, it sounds as though your claim is pretty solid. When you said that the 1-800 jockey told you a SOC had been produced, that sounded a bit out of the ordinary to me, but wasn't sure because you said claim/appeal. Now things are a little bit clearer. A SOC is only prodeced in the appeals stages of a claim when a claim is further denied.

Apparently your claim is still in the initial stages, meaning there hasn't been a first decision made as of yet. If you have just completed a C&P exam in September, it shouldn't be too long before you receive a decision. Just hang tight.

As I said before, the 1-800 wasn't designed to be a tracking system for veteran's claims. It's initial function is to give general benefits information to callers, such as basic eligibility requirements, send forms out to peolple ect... The best way to get accurate inforamtion on one's claims is to make an inquiry via the IRIS website. The personnel that answer the IRIS inquiries are actually VSR's (Veteran Service Representatives). The 1-800 jockies have limited training in claims proceedures and so forth and aren't up to speed as a VSR is. I even think the 1-800 jockies don't even exceed the pay grade of GS 3-4.

Vike 17

Vickey17 wrote: "The best way to get accurate inforamtion on one's claims is to make an inquiry via the IRIS website. The personnel that answer the IRIS inquiries are actually VSR's (Veteran Service Representatives). "

now do I access that web site? is it part of the Veteran Administration site?

thank you for all your help

MT

January 5, 2007

Mountain,

"I think the denial will be based on the fact that I never sought Medical help back then or after I was discharged"

Are you sayig you don't have an actual diagnosis of PTSD as the result of your sexual assult while in the military? Or do you mean that you do have an actual PTSD diagnosis, but just weren't seen shortly after discharge for the problem. If you don't have a current diagnosis of PTSD and a shrink making the connection of your PTSD to your assault while in the service, VA must deny the claim according to the law. On the other hand, if you do have a current PTSD diagnosis with the shrink making the connection, but just didn't seek help right after you ETSed, then this would be irelavent. PTSD can take years to manifest itself and this is well known with VA. For PTSD claims, one does not need to show 'continuity' of treatment of that condition since discharge, just a current diagosis with the shrink making the connection of it to an in service stressor.

Vickey...~*Yes I do have a Current Diagnosis of PTSD, I was evaluated by a Board Certified Phycologist that linked my current condition to the stressor that occured during Military Service. That Evaluation was done in June 06 also my therapist I work with also concurred with this diagnois.
In Sept. 06 the VA requested that a C/P for PTSD through the VA Medical Center...I went to that C/P and the doctor that did the exam told My husband and I that he believed the events took place based on the evidence I had and his examination which was over 3 hrs. long...I don't remember to much of the exam or even what was being said at the end...I was emotionaly drained...but the VA doctor did let my husband sit in on the whole exam.*~

Furthermore, it sounds like your SO screwed things up! He should have known that for PTSD claims, the claimant must submit a 'stressor letter' so VA can verify it through the individual service department. Also, it looks like the VA dropped the ball by not affording you your hearing. This can be fixed though by writing a short letter to the RO pointing this out.

~*Response: The problem with the SO was I never seen the same one more then perhaps 2 times...the office in town where I live the SO don't stay long...they find other jobs or just quit so the office stays empty for weeks or a few months until someone can be assigned to this area so every time I would go in there would be another person...I know that these SO are overworked and most likely overwhelmed by the sheer number of vets in need...I was told by the last SO (John) that the only thing he can do for me is to send in letters or NOD that he does not have time to work on a claim other then submitting papers...he also made it quite clear not only to me but the other veterans that he is afforded a lunch break and he will take one also at 2:oo the office door closes because that is the end of his work day...I was shocked but I also understood....he said he use to eat lunch and see people at the same time but a few years back he said he had to learn just to shut the door. So I knew that I was on my own...from that day on.

From the information you posted, it does look like you submitted evidence of the inservice stressor i.e. the "artical 15 given to the NCOIC for his lewd conduct towards me...and a letter of councleing he received as well..also a letter from the Commanders office in regards to the Congressional investigation into the matter," so that doesn't look like the problem. I'm willing to bet your denial has something to do with the actual medical evidence. Does all of this make sense, if not, I'll try to explain it a bit better.

~*Response: I am not sure what to think at this point...after I talked to the 800 Va guy...I called my Mom in NY she in turn called the VFW that she belongs to (she was in the Navy during the 40's) and talked to a dear friend of hers...he said "You can't believe a thing that those jackabillies say they don't know a thing only that they get paid every two weeks to keep the Vet confused and on Edge!!" So my Husband and I drove 60 miles to the MO. Comm. of Vet. center at the next town...of course my file was still in the empty office where I live...so the SO there said he would go ahead and Email someone he knew in St. Louis to find out what he could on my claim and call me...so in the mean while I decieded to call again the 800# this time I talked to a guy in Michagan he told me that there has not been any decision..I told him what I was told earlier about a SOC has been written up...he said that on his screen that did not show...so he gave me a five digit number for the VA service rep in St. Louis...I talked to a girl named Michelle she told me she was in St. Louis I asked her what my status was she told me that no decision was made and the last entry was that they received my C/P ...I then told her what I was told earlier by the 800# rep. about that a SOC was submitted to the R/O she told me that no decision has been made or entered and that she looked and there was not mention of of SOC that was done on my claim...so I guess I will reframe from calling that 800# and sit and wait...Michelle said it can take up to 18 months to even hear from them much less for a decision to be made they are swamped with claims...so that is where I am now...I will update if I hear from the SO guy in the next town..
Thank You for all your help....
MT

Vike 17

January 4, 2007

Vickey17 wrote:

Regarding your requested hearing, if you actually requested one in writing and the VA missed it, then they must hold one before they issue the SOC

Yes, I actually requested one in writing I have a copy of the request that the SO sent with my NOD for my denial...it was sent the middle of Oct 05 a week later the VA called my SO and asked if I would consent to a C/P which I did and a few days later I went to the C/P.

There are a few things I have learned since...appearanly there is a form that is sent when the claim involves sexual/personal assaults...I never received one nor did I fill one out...also I didn't know I had to send a stressor letter at the beginning of my claim...when I called up the VA 800# I was put in touch with the VA Womens Cordinator and I was upset at the time that I was talking to her and she asked me if I could write her a letter telling her what happened and she would get back to me to what I needed to do...it was a letter addressed to her personnally I did not put it down as a stressor letter just a letter to her per our conversation in the letter I told her that there is alot more that happened it is just all I can deal with at this time...I talked to her a week later I believe and she told me I needed to put in a claim so I did...

After reading Hadit..I realize I made quite a few mistakes...I should have had help...

I think the denial will be based on the fact that I never sought Medical help back then or after I was discharged...it was not something I would have done...I talked to my Parish Priest but he in now with God so I can't prove I did...and I am the type of person if I can not prove what happen with supporting evidence I will not state it...so everything I sent to the VA had supporting evidence by other peolpe such as statements from the EEOC on Base (social actions), artical 15 given to the NCOIC for his lewd conduct towards me...and a letter of councleing he received as well..also a letter from the Commanders office in regards to the Congressional investigation into the matter...and of course letters at the time it happened...

other then that I have no medical proof...so If it is denied it would not surprise me that the reason will be due to lack of medical records...

Also...after I was discharged I received a Honorable discharge with a re-1 code unable to re-enlist...on share priniciple I appealed that code and had it changed so If I so choose to re-enlist I could...which the code was changed...it stated in a letter from the Col. who approved the code change that it "is quite ovbious that herendous Sexual Harrasement took place and due to my age I did not know how to handle the situlation so what may have been taken as immaturity was rebellion and the rebellion of authority was limited only to TSTG.xxxxxx who was the harrasser and the NCOIC......"

So it is not as if I did not report the situlation after I was discharged..

So that is where I stand...

[font=Book Antiqua]

New question....

Now that I know I most likley will have a fight on my hands...

WHEN IS A GOOD TIME TO REQUEST MY C-FILE...since I have never seen it nor any of my service medical records...also how long will it take to receive my C-File???

Thanks

MT

January 4, 2007

Question:

I decided to call the VA today to see what the status of claim/appeal was at...thinking they would tell me the same thing...no decision has been made.

Well today I was taken off guard...I was told by the VA rep. (800 #) that my SO rep. should be calling on my behalf since the Mo. Commission of Veterans has my Power of Attny. this was the first time I was ever told this...that they are the one's who should be doing the leg work...and getting back to me. I told them that the Mo. Comm. of Vet. office that I go to that there is no Service Officer...that they are waiting on a replacement...so she went ahead and told me that the Statement of Case has been done and is at the Review Officer and that a decision will be made and that I will be contacted by mail of the decision. I never even received any letters asking for further information...after my c/p in oct. 05 but I have still been going to my weekly therapy appointments...o well...life in the fast lane.

I told the lady what about the Personal hearing that I requested...she told me again that I needed to contact my SO...

My question is if there is already of SOC done...does that mean I have been denied? I read somewhere that a Statement of Case normally means denial...I don't know what to think...

My husband thinks that maybe they are going to approve it that is why a personal hearing was not schedualed because there would be no need if it was approved...

confused in Mo. any thoughts or experiance on this...

that You in advance

MT

January 2, 2007

The reality of military service is... that YOU are expendable and once you have served your purpose you are no longer needed...and Heaven forbid if you become injured for you have now become a liability...and you are definably headed for a one way ticket down the road! I firmly believe that many of the Military Doctors were quite aware of PTSD way before it was coined so...at one time PTSD would have been called shelled shocked...and I also feel that due to the tremendous financial burden that was foreseen it became necessary to discharge service members under Unsuitability or unable to adapt to military ways in order to better denied benefits for Mental conditions...I can not tell you how many times I have heard people say..."There's nothing wrong with him" just because you can't visual see a disability does not mean the person is not disabled."...Ignorance is alive and well in the VA system back then and now...and as it has always been the only one's who pay the price are the one's who served there country...and the bottom line is this...When Uncle Sam opened his arms to welcome me aboard I was not broke...you found nothing wrong with me physical, emotionaly or mentaly...if I was good enough for you to take then I am good enough to fix...what is that saying...YOU BROKE IT YOU BOUGHT IT...NOW FIX IT!

MT

December 21, 2006

Josephine

The sun is shinning....and before long you will be singing...so today is a good day...and tomorrow will even be bette!! glad to see your post that all went well.....

God Speed

MT

December 19, 2006

Good Morning John,

Do you have a Service organization helping you on this claim? Some medications will cause bone loss or deteriation what you will need to do is research each medication as to there long term side effects...

The uticaria itself is a manifaction by what you said about the young man being traumatized when he would go back to the ship would cause the uticaria itself to develop...the uticaria itself can be a direct cause of the anixety and stress he was under...that in terms if his anixiety was not addressed back in 1982 the anixiety could have develped into PTSD everyone has a theshold and by the sounds of it he exceeded the emotional theshold...

Has he been diagnosised with PTSD by a civilian dr? if not his family doctor can give him a referal to a board cert. physcoligist who can test him and rate his GAF...I would do this before he is given a C and P through the VA...the VA tends not to challenge a cilvian doctor opoion esp. if he has all the credentials...and is good at writing a link between the youngs man current condition to what he was exposed to during his service time.

Has your son been able to obatin buddy letters as to the harrassment he recieved? personal assualt esp. emotional can cause PTSD if it was sexual harrasment esp. on a ship could cause a hostile enviroment and perhaps your son may have felt this life was in danger or his beliefs were compermised...

Stress and your skin

Research shows that 40% of skin disorders are associated with stress. Many doctors believe that it is much higher. Dermatitis and eczema are often the direct result of stress. Other skin disorders, such as psoriasis, urticaria (hives), acne and herpes simplex (cold sores) are exacerbated and often caused, by chronic stress. Unsightly skin conditions often lead to more emotional stress due to the social implications.

Stress and your digestion

The link between stress and ulcers in the stomach or duodenum, is complex. Ulcer development is associated with continual stress and high levels of gastric acid. People with ulcers, on the other hand, are often very susceptible to stress and tend to be anxious. The Helicobacter pylorum infection often associated with ulcers, also indicates an immune system that’s functioning below par. This in turn, is often a result of long-term unrelenting stress. Zinc deficiency, often associated with chronic stress, has been implicated in the gastric mucous membrane sensitivity for high acid levels.

Other digestive problems linked with stress: oesophageal spasm, diarrhoea, irritable bowel syndrome and spastic colon, ulcerative colitis, Crohn’s disease.

Stress and substance abuse

The inability to cope with stress often leads to the increased consumption of alcohol, tranquillizers, drugs to help people sleep, use of recreational drugs and smoking. This is a mistaken effort to try and relieve tiredness, anxiety and life pressure. Alcohol’s initial effect is to mimic the stress reaction! The later effect of alcohol is depression. Alcohol may give a short-term lift which appears to relieve tension, but can, in the long term, turn into a problem of changed behavior and dependency. Tranquillizers and sleeping pills often lead to dependency and a need for increased and stronger dosages to have an effect (tolerance). Smoking may also have a transient calming effect, but nicotine actually mimics the stress response. Smoking can damage virtually any organ of the body.

There appears to be a link between smoking, alcohol abuse, high consumption of coffee – an example of addiction by association, all in a futile attempt to address the high stress levels in a person’s life. The accumulating effect of addiction and poor lifestyle choices considerably weakens the ability to cope with stress and increases the risk for developing various diseases.

as you can see....stress can cause all type's of medical conditions....

THe VA defination of Sexual Harrassment:

the VA states: