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mountain tyme
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Posts posted by mountain tyme
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rentalguy1
when we submit that form 21-4138 should we list that code (below) in the reconsideration statement along with the clinic records to show the migrains with the follow-up treatment?
8100 Migraine:
With very frequent completely prostrating and prolonged 50
attacks productive of severe economic inadaptability.........
With characteristic prostrating attacks occurring on an 30
average once a month over last several months................
With characteristic prostrating attacks averaging one in 2 10
months over last several months..............................
With less frequent attacks.................................... 0
thanks
MT
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Hello I have some pointed questions and need help.
I am in the middle of helping a retired veteran with his va claim. At the time of discharge he was granted...0 percent I may be reading his record wrong so please read the following out of his VA records (yellow paper) done at time of retirement.
Decision:
4. Service connection is afforded for muscle tension headaches and a less than 10 percent evaluation is in order.
reason:
4. Service medical records show initial complaint of headaches as early as xx/xx/83 at which time migraine was diagnosed. Subsequent service medical records show diagnosis of tension headaches or muscle tension headaches and this was the diagnosis at the time of the VA exam. A diagnosis of migraine headaches was not given, however. The veteran stated that these have been present for 15 years and are located in the posterior occipital area. Tey occur approximately every 10-12 days and last about 4-8 hours. However, they are not accompanied by nausea or vomiting and there is no vison change. Service connection is afforded as the headaches were chronic in service. However, as migraines were not involved a 10 percent or higher evaluation is not in order. (Which could be assigned with characteristic prostrating attacks averaging one in two months over the last several months).
FAST FOWARD____________
In Feb. 07 the said veteran put in for an increase for muscle tension headaches. In Oct 07 the veteran received his decision the decision stated...
*We determined that the following service connected conditions haven't changed: Muscle tension headaches 0%
reason:
2. Evaluation of muscle tension headaches currently evaluated as 0 pecent disabling.
VA exam shows you reported that you have two to three headaches per week that are not prostrating. Your motor and sensory exams were normal.
The evaluation of the muscle tension headaches is continued as 0 percent disabling because the evidence fails to show this condition has worsened to a compesable level. A noncompensable evaluation is assigned unless there are charateristic prostrating attacks averging one in two months over the last several months.
With that said...
I went through his decision and discovered that his medical records from the family practice clinic at the base (he has tricare)were not included in the evidence. I asked the veteran if he submitted the doctor's notes and he said that he was told by the service rep (state of M0.) that the VA would get those records. What the VA did was they retrived the records from his VA health care team which they did.
but not from the air force base's primary care department.
This veteran has been seen on a regular basis for headaches thoughout his retirement...and the headaches turned into migraines...
As noted in Feb 07...his medical records state
Cheif Complaint:
Pt is here for migraines pt had migraine yesterday, stillhas headache today pt. states he has had two migrines in the last two weeks.
Migraine headaches, treated with imittrex. Has frequent "non migraine" headaches, states he can feel the difference with photophobia, N/V imitrex not aborting HA's
:Gastrointestinal symptoms: Nausea with migraine and vomiting with migraine
:Head symptoms: Headache preceded by aura
Conclusion:
1.) Migraine Headache: naprosyn 500mg bid for 2 weeks then PRN. Imitrex not aborting migraines so will swith to Maxalt 20mg.
F/U in two weeks
_____________________________________________________
in two weeks he went in for his F/U and he was still having increased migraines that he had to stop whatever he was doing and lay down...his wife called the family practice at the base and talked to the doctor and he would tell her if his pain does not subside within 4 hours or gets worse to bring him into the ER...
at his two week appointment they added another medication to help prevent the migrains which is called.
so he is not taking
Rizatriptan (Maxalt)10 mg twice a day
Propranolol (inderal) 40 mg. three times a day
The veteran told me that the medication has helped but he still has migraines at least 3 times a month but not as frequently as he did...as long as he stays on his medication as prescribed.
So this brings us back to the claim for increase...
since the VA is stating muscle tension headaches and do not use the word migraine...should the veteran put in a NEW CLAIM FOR MIGRAINS or should he just put in for a reconsideration and send in the medical records from the family practice clinic from the base.
I feel based on the Diagnosic code 8100 that this veteran should rate out at the 30% level...
I don't want to tell them the wrong thing...but after reading the decision that you have before you...I think the VA only addressed the headaches and not the migraines...
We will be very grateful for any help you can give us in how to proceed with this claim...i have another tread regarding this but I had two issure in that thread so I want to concentrate on this one first.
Thank you all in advance
MT
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Rockhound wrote: "Quick not: I am not saying to lie. But I would refraise my wording about when most of his migraines would come to him after work and on his days off."
Dear Rockhound: I can say in all certainty that this vet is very honorable..and I have known his wife for many many years...I do know that most of the onset of his migrains are in the afternoon...not sure why...and they come on quite sudden...by all accounts his military service records indicate that he has gone from the work place right to the emergency to seek treatment and they would give him a shot to relieve the pain...at home he needs to be in a dark room and he becomes nausated as well.
He has called in sick a few times and his wife had to go pick him up from work because he could not drive home...
with that said...since only God has control as to when the onset comes he has no control...and if they happen on his day off all he has to support that statement is his family (wife) and notes from his doctor that he went in.
Since he is on medication for the migrains there really isn't much he can do except to ride it out...
since he keep a log on his migrains and headaches it would be hard to reframe from saying on his days off ect...because they happen to occure mostly when he is off...as I stated earlier he works 3 days on 4 days off...
but I see your point...it would look to someone who is of a sucpious nature that how convient that it only happens when he is not at work...I will print off this tread and let them look at it...
He is going to go to the base family clinic tomorrow and request any records he had after feb 07 since they prescribed him a new medication for migrains...
the good news is that the medication does help he is only experiancing the average of 3 onset of migrains per month compared to 4-6 per month...he still has headaches but the medication is doing it's job and it does not develp into a full blown occurance...
thank you for your insight...it helps to see differnt points of views...I sometimes forget to take off my rose color glasses...*grinning...
life is a never ending lesson is it not.
MT
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Rickey wrote: "Tyme - you said "in Feb 2007 he was seen at the Family practice clinic on base (air force base he has tricare)
and the diagonis...was
1. Migraine headache: maprosys 500 mg bid for 2 weeks then PRN. Imitrex not aborting migraines so will switch to Maxalt consider prophylactic medicine.
Rizatriptan (Maxalt) PO 20 MG TAb PO@onset of HA
Napoxen (Naprosyn) PO 500 MG tab-1T TB PO BID WF"
Was this evidence ever presented to the VA during the time that the 2006 claim was pending?"
after you wrote me that question I went back and poured over his decision...that was date oct 07..he had put in claims for the following...New claims: Gerds, hypertension and asked for an increase for his s/c headaches/ muscle headaches...then asked to have his claim for sleep apena to be reopened using the buddy statements as new evidence for service connection.
The following was the decision...
Gerds...10% s/c (I think that was low balled)
hypertension was deferred until the VA doctor gives his medical opionion.
Increase for headaches stayed the same s/c at 0 percent
sleep apena was continued denied.
he is overall 40% service connected for DDD (degenertic disc desiease 4 and 5th L).
So I had quite a bit to look at...
when I read the VA evidence as to what they used to determine there decision I DID NOT FIND ANYWHERE THAT THE VA USED HIS MEDICAL RECORDS FROM FAMILY PRACTICE FROM THE AIR FORCE BASE WHICH IS PRIMARY CARE DOCTORS FOR THE PAST 4 years...prior to that he used private doctors after he retired out of the AF...because his employeer at the time had medical insurance.
So...the records that state he has migrains from Feb 07 was not used for evidence for the decision making...they only had his medical records from the miliatry from 72-94...
Now with that said...
should our plan of action be...
1.put in for a reconsideration with the doctors papers from Feb 07 stating his diagnois was for migraines perscribing him two medication to help control the onsets...also in these notes it is typed migrains accompanied with voitming.
2.should his wife write a statement as to how many days he is laid up due to the migrains...when he has his attacks he has to be in bed with curtains drawn shut...they even had to purchase special window treatments to keep the room dark.
3. he has called in sick due to the headaches but as I wrote before due to him working shift work many times the migrains would begin at the end of his shift rotation...3 days on 4 days off that he may have called in twice in the past year..the other times he would be in bed on his days off...
since he has been on the new medication regime he still has headaches but they only emerge into a full blown migrain may twice a month but he still has the headaches but not disabilitating like they were prior to the medications.
thanks for everyones insight into this matter...
MT
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rockhound....
I think I understand what you are pointing out...he had been denied once for sleep apenea...he had sent in his sleep study and the need for his c-pap machine...after reviewing his service medical records...he was on the weight program quite a few times after he fractured his nose...he weight gain could have been from the lack of sleep...stress...there are many factors when it comes to weight gain or weight loss..
after he was denied the first time...he went and had buddy statements written out hoping to reopen the claim...I told him that his buddy statements were helpfull only is showing that he did snore...and fall asleep during the day...but they are not doctors and can not render a decision weather or not he had sleep apena...and that would not be considered new material evidence...needless to say he was denied a second time and the claim was not re-opened...
now fast forward it to 2007 at the same time he put in his claim for sleep apena...he also put in a claim for increase in headaches...since he was given s/c but 0 percent...
he was denied an increase in Oct. 07...yet this vetran has been seen over the years since discharge for the headahes/migrains...the last doctor entry was the following...
this veteran has been treated for headaches since he retired in 94...in Feb 2007 he was seen at the Family practice clinic on base (air force base he has tricare)
and the diagonis...was
1. Migraine headache: maprosys 500 mg bid for 2 weeks then PRN. Imitrex not aborting migraines so will switch to Maxalt consider prophylactic medicine.
Rizatriptan (Maxalt) PO 20 MG TAb PO@onset of HA
Napoxen (Naprosyn) PO 500 MG tab-1T TB PO BID WF
ok...in this diagnois it also states voimiting along with the migrains...
he has also missed worked he misses or should I say he is in bed for the migrains at least 3-5 days per month...with them.
yet the VA did not increase his percentage saying
"The VA states...
"VA exam shows you reported that you have two to three headaches per week that are not prostrating. Your motor and sensory exams were normal.
The evalution of muscle tension headaches is continued as 0 percent disabling because the evidence fails to show this condion has worsened to a compensable level. A noncompensable evaluation is asigned unless there are characteristic prostrating attacks averaging one in two months over the last several months."
should he put in for a reconsideraion...they already have the medical records...the only thing I can see why he did not get an increase was because the doctor did not note during the c/p that he has missed days of work due to the migrains...
yet the vet told him during the c/p that he had missed days here and there...depending on the shift he was working...
it is a mess....I told him that the medical evidence supports and increase for the headaches/migrains...
but as far as his sleep apena goes he will need an IMO as to sleep apena being secondary to the service connected fractured nose..
I told him he will probably need to drop his service veteran rep (state veteran rep.)due to the fact the rep. told him that he does not have time to help him develop his claim...
hence he found me through a friend of a friend...and I am a green when it comes to the VA and all there mumble jumble...
MT
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LarryJ wrote: "If the local VAMC supports a sleep apnea clinic then he needs to make an appointment - he'll have to get set up by his PCP, and it takes a while.....sometimes longggger than a while"
Larry he has already been diagosised with sleep apenea and has a c-pap machine...he was diagnosed with sleep apena in 2005...
He put in a claim for sleep apena but the VA denied it due to there was no mention of it in his service records...he did however get statements from buddies regarding his heavy loud snoring...it seems to me by the time line I did with his medical records and buddy statements that the loud snorning and falling asleep during the day...started about one year after his nose was fractured...also noted in his medical records service and after service are numouous doctor appointments due to sinus problems and ear aches...not sure if that would have anything to do with the fractured nose he did have surgery on the nose to fix it while in the military.
So I got to thinking that perhaps the fractured nose was the cause of the sleep apena...also after the fractured nose happened was the same time the migrains really picked up...hummmm also...in his medical records I noticed that they had him go to relaxion clinic due to the headaches....he also had a weight problem during the last 10 years of his enlistment...
in Nov of 07 he did elect to have gastic by pass surgery due to being over weight and has since lost 85 lbs...yet the migrains and the sleep apena is still present...he also is s/c for gerds that began in service as well.
I told him that he most likely will need to go to an ENT doctor for a IMO as to weather or not the sleep apena was more then likley caused by the fractuered nose...
As far as the Migrains go...he needs to do something...I poured over his medical records...and in Feb 07 it clearly states that his migrains need to be controlled with medication and that it is also clearly stated that he has voimiting with the migrains...
I feel his headaches warrent at least 30 percent...
but how would we develop the NOD...
that is the part we are stuck on...
MT
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I just need some insight into this claim...
This service veteran retired after 21 years of service...
in 1989 during desert shield he sustained a fractured nose...in his VA paperwork that was done at the time of his discharge...(yellow paper)
it states
"Service connection is warranted for a fracture of the nasal bone and a less than 10 percent evaluation is in order"
also...the same paper work states
"Service connection for muscle tension headaches"
Service medical records show initial complaints of headaches as early as 1983 at which time migraine was diagnosed. Subsequent service medical records show diagnosis of tension headaches or muscle tension headaches and this was the diagnosis at the time of the VA exam. A diagnosis of migraine headaches was not given, however. The veteran stated that these have been present for 15 years and are located in the posterior occipital area. They occur approximately every 10-12 days and last about 4-8 hours. However, they are not accompanied by nausea or vomiting and there is no vision change. Service connection is afforded as the headaches were chromic in service, However, as migraines were not involved a 10% percent or higher evaluation is not in order. (Which could be assigned with characteristic prostrating attacks averaging one in two months over the last several months).
Ok with the above said....this veteran applied for an increase for headaches...in 2006 and he received there dicison on Oct 19, 2007...
it stated " evaluation of muscle tension headaches, which is currently 0 pecent disabling, is continued.
The VA states...
"VA exam shows you reported that you have two to three headaches per week that are not prostrating. Your motor and sensory exams were normal.
The evalution of muscle tension headaches is continued as 0 percent disabling because the evidence fails to show this condion has worsened to a compensable level. A noncompensable evaluation is asigned unless there are characteristic prostrating attacks averaging one in two months over the last several months."
this veteran has been treated for headaches since he retired in 94...in Feb 2007 he was seen at the Family practice clinic on base (air force base he has tricare)
and the diagonis...was
1. Migraine headache: maprosys 500 mg bid for 2 weeks then PRN. Imitrex not aborting migraines so will switch to Maxalt consider prophylactic medicine.
Rizatriptan (Maxalt) PO 20 MG TAb PO@onset of HA
Napoxen (Naprosyn) PO 500 MG tab-1T TB PO BID WF
_________________________________________________________
This veteran and his wife told me that he works rotating shifts...and due to this he had and has been laid up in bed for two or three days at a time but ironically when he has these migrain attacks they seem to fall on his days off..or they begin at the end of a shift and by the time he arrives home it is a full blown migrain...that is why the doctor put him on the above medication...to help prevent the migrains from coming on or controling the serverity.
when I went through his medical records for the last year...he had gone to the doctor about once every 8 weeks for the migrains...and the appointments were in the middle of the week..(his days off).
so that is where we stand now...
I told him he should do a NOD...or perhaps a reconsideration...and have his wife write a statement that due to the serverity of the headaches that he was in bed for 2-3 days...and he had called in sick...I told him that he will need to get something from his employer as to days he called in...it won't say why because his employer does not require a doctor note unless they do not have any sick time left...
how would he go about putting in for a reconsideration or a NOD...the veteran states he told the C/P doctor at the VA that he did miss work...but on his C/P it does not state that...or is it marked occording...
any advice would sure help...or any help on how to write a NOD on this situlation...
also could a fractured nose cause sleep apena? and the fact during his enlistment he was on rotating shifts??
thanks in Advance
MT
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Berta wrote: Actually sometimes I think would it be helpful if some of us just focused on our areas of expertise?
actually that would be VERY HELPFUL TO everyone...esp when it comes to different areas of disabilities...or types of claims.
I know when I was looking for help on how to file my claim it helped to read how other individauls coped with dealing with the VA for MST. And when I received my decision then I received help on how to do a Reconsideration vs. DRO...(hope I said that right still get mixed up on all that VA lingo stuff)...so yes Berta that is an excellent idea!!!
then if possible it will make searching for answers easier by topic..or disability type questions.
hummmmmm anyways...
T-Bird your site is international and I am sure has become a valuable tool for any veteran who is in need God Speed
mt
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Betty....
If it wasn't for him writing this statement...."RECOMMENDATIONS FROM ASSESSMENT: Based on the patients history, I cannot state with any degree of certainty that the events that occurred at the age of 19 and 20 have a cause or relationship with her anxiety disorder. It is possible that the fear of death by drowning cold represent an event relating to some type of post traumatic stress disorder, but it certainly would be an unusual situation. No further statements can be made regarding her condition as to its cause or relationship to the events that occurred when she was in the service"
it would have been good....but with that said...I would NOT USE THIS report! it does not support a in service event or condition that was caused by an event in your military service.
You are stressing right now...and when someone is in a state as you are with worry they tend to react without thinking...calm down...take a breath...think it through...and do not use this report.
MT
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I am so happy to see the great news!!! *Huge Smile*
MT
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Question...I received a phone call last week and I have been searching for the right answer to give this young lady.
She asked if her Depression would be service connected if it develped while on active service while she was stationed in England.
She told me that in 1990's her bother had passed on while she was stationed in England and she was only able to go home for a week due to her job...shortly after that she deveolped depression and anxiety...which she said was caused by her bother's passing.
Now if the depression was due to the loss of her bother would it be concidered S/C?
I personally (my opion only) after talking to her in great detail that the depression was most likely was not due to her bother passing even though that would be a stressor...I think it had more to do with her job...her job entailed identification of deceased veterans of the desert storm campaign by dental records...her office would receive unidentifed individauls and she would match them up though the dental data base....she actually handled the remains and tagged them...so when her younger bother passed on...it brought reality closer to home...she told me that she has had alot of trouble over the years sleeping and she has other issue's as well.
I told her to contact a Service officer who could help her...but she needed to collect all her military s/c and medical records. Which she has she told me she made copies of everything prior to discharge..also I asked her when she was discharged did she go to a local va and fill out papers of any problems she had while in service she said no...even though in her medical records besides the mental heatlh appoints...she also had surgery on her ankle that she broke and her foot that also was broken during her time in service.
thank you in advance for any guildance in this matter
MT
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Berta wrote: "I actually believe even some SOs get jealous when a vet succeeds."
Now I can contest to that as FACT...when I received my rating of PT the veteran rep. who was submitting my paperwork (note I said submitting for he would not help me develop my claim said he didn't have time to work on individual claims)said "In his experiance the VA makes it to easy for females to get rated out! and when I asked him as to why they used the 2007 date as the retro date instead of the origial claim date since my condition has not changed...he said "I should be happy at that I received such a high rating at all for if I was a male I would be looking at 50% ask me I should know" needless to say I decided not to persue an eed...
MT
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Good Morning Betty....
You could not have picked a better time to seek IMO for your condition!! with all the hype regarding the Military branches using this gernaric bogus "personality disorder" knowing fully well that if a veteran is labeled with this so called condition it would block them from receiving future VA compensation or even VA health care in some regions due to PD are not compensationable! It is a crime that that the Military Branches are even allowed to continue such a practice and I say "shame on you the quack of a doctor that would intentionally give such a diagonis".
With that said....there is now a movement within Mental Health Care providers to look more closely at veterans that have been discharged or have been diagnoised with PD disorders now that the cat is out of the bag that PD disorders are not compensationable through the VA one would have to wonder the vidality of such a condition. Esp. with such a large number of veterans that have been discharged with this PD diagnois's one has to wonder WHAT IS IN OUR WATER"! perhaps I should rephase that..."What have they put in our soft drinks"!....I mean hey...Why is it that U.S. Veterans seem to be the ones that have these PD disorders....I don't see other country's with this problems...it is just like ADD in american children...why is it that these conditions PD and ADD disorders are clustered and unique to the United States!!! or one would conclude that by such a high volume.
but anyways I am off the subject...what I am trying to say Betty is that a real doctor will see through this rue of a PD disorder and make things right for you...
God Speed
Mt
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john999 wrote: "You could make the argument that if you did not have anxiety then why were they presribing anti-anxiety drugs to you?"
That is a good thought...but!... always a but...keep in mind depending on the drug the VA could turn it around and say drug xyz was used to control headaches (just an example). For example I take zantac one first would think I have gerds (which I don't) but in my case.. zantac is also a beta blocker and I use it to give my allergy medicine a boost.
So before you list an argument "why were they presribing" make sure you research the drug to make sure that it is not prescribed for other conditions other then anxiety or nervous system conditions. Just a thought.
MT
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cowgirl wrote: "Sad but glad to hear you have the needed P&T"
thank you..
the fact is I do not discuss what happened to me to people in my everyday life, yet I can come here to this forum and bare my soul.. so in some ways it is a type of therapy to let some of the past go.
There are people who have known me for over 20 years that do not even know I was in the military nor know I am on SSA or VA comp. and most likely will never know.
I come from a large family and only 2 members know what happened to me back in the 70's, and if I could change just one thing in the past I would but since I can't I make the best out of each day and when the morning comes the first thought is I made it though another night and I thank God for being by my side.
Life is such a gift and when I read the trial and tribulation of fellow veterans in this site my problems are so insignificant that I feel guilty that I was able to get through the VA system so quickly.
Much of my success is due from reading the post of others and the courage they had to speak out when no one else would do so for them and I can not thank two very special men that helped me more then they can ever imagin from this site they know who they are. But, what I found in this site money can not buy..it is compassion from unknown hero's that have gave up so much already of themselves even though they themselves have heavy burden they carry yet.. still they take time from there busy lives and unselfisly help strangers... that now have in a way that only the heart can feel have become friends and extended family.
I have laughed at some of the antic of some of the fambly members...cried when I have read post of those closest to my heart...how much I want to see there story in the sucess pages I pray for them every night....I remember when I opened the success section and saw Betrayed success for the first time...I cried tears of joy for him and his family...I root for everyone here...and a quite stillness overcomes me when someone findly is granted compensation... I wouldn't say that a person earned there compensation for who would want to be so injured to have to even apply for it...but my firm belief is when a person serves there country and they were good enough for Uncle Sam to hire them and they entered in good faith in one piece then for what ever the reason they are injured my motto becomes... if you broke it fix it and if you can't compensate for it .
enough said...
MT
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tassnave wrote: "Have you ever had a request for IU denied?
If so, what was the reason they cited for the denial?
Were you able to prevail and get IU awarded?
If so, what did you do and what evidence did you send in to get the VA to award your IU?
Thanks,
TS "
Back in 2005 I filed a claim for s/c and at first I was denied due to lack of evidence of a nexus. With the help of Vike17 I sent in the right evidence that was needed the VA awared me s/c 50% in Feb 2007... A few weeks later due to the advice of Sixsence he helped me with applying for TDIU at first I was denied TDIU even though I have been on SSA since 2001 the VA cited that I was on SSA due to physical limitations...(VA must have had blinders on as well since I was first denied SSA in 2000 but in 2001 Major depression and Aniexty was added and I was awarded SSA)The Va stated in there denial since the sole reason that I was unable to work was due to a physical limination and not due to my s/c disablity request for TDIU is denied...so I had to go to the SSA and request the judges decision on my award along with all the questionairs that my husband filled out that clearly showed my limitations in quality of life ect. in the SSA decision the judge clearly stated that due to my MMD and anixety along with my airway diease I was no longer able to sustain gainful employment. Then I had my doctor review the VA c/p evaluation and she wrote up a letter as to why the percentage should have been higher based not only on her evaluation of my condition but the evaluation of the VA doctor clearly would warrent at least a 70% if not higher also she wrote that since 2001 she has been treating me and I had not worked at all during her care. In Aug 2007 I received not only a higher % of 70% but the VA awarded me TDIU P/T no further examinations. But they only retro me back to May 07 the date that my doctor wrote her letter...yet I have been in treatment since 2001 so go figure.
MT
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Betty,,,depending on what the state laws are pretaining to medical records will determine how long they need to be held until destroyed. Did you get a copy of his report at the time of the examination? It is always a good idea to request a copy of the doctor notes or report within a couple of weeks of the appointment or asap...
MT
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Ruby...
you wrote; "Lots of other things happened, I over heard a conversation I shouldn't have to the point I wrote a congressional inquiry. That inquiry would show everything it was 50 pages long.
I would say if you can find a copy of that inquiry you can prove the nexus...esp. since the inquire was elevated up the ranks.
If your copy did get lost in a fire you may still be able to get a copy of it though the congressman you wrote to or did the inquiery...even though the congressman may no longer be in office those type of offical acts are kept on file in the court house of the district he was representing so check there or call the office of the congressman that is in office at this time to see where they would have stored those records or if he can contact the congressman that helped you in a case like yours I am sure he will remember the incidents.
Also somewhere in your service records there will be something to indicate that there was an investigation. You may have to request your service personnal files though the freedom of information act...if there was a 50 page report I am sure it hit file 5 (it was shit canned) unfortunally no branch of the service wants to keep that type of paperwork around...
but there will be a referance of some kind.
keep us posted..
MT
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Hello Ruby,
I am sorry to read that you were a victim of MST while serving your country. I do have a question or two. In your thread you did not say what condition resulted from the sexual harrasment? Are you claiming s/c PTSD due to the incidents? If so then you will need a nexus.
After reading your thread there are indicator's that something was not right during your military service.
You stated: "That person told someone else and convinced you to go to your OIC."
did you go to the OIC? if so do you have any statement from that meeting? that alone would be good evidence.
2.)'Then this person starts to assign you to crap jobs, KP, NCIOC school etc, you go on leave and come back and find out you have been reassigned and your career goes down hill from there"
Ok...at any time did you write home about what was going on? if so are those letters still available...you can use letters as proof because they are considered a written record of the time.
If you were wrote us for anything esp. conduct or perhaps your dress and appearance became a issue that is a RED FLAG that something was going on.
Did you ever ask for a transfer...and have documentation that you did...as I see in your statement you were transferred do you have any record as to why?? that also would be considered by the VA.
let me see...ok it is not as hard as one may think to find people you knew in the military...I found someone vital to my claim through www.military.com they not only have a buddy finder buy a unit finder...for each branch of the military.
I went into that site and I found someone (I didn't know them at the time nor have I ever met them to this day) that verifed an incident that occurred on base at the time I was there..that proved that the incident did happen and also this person stated that the female from the lab did the crime scene...at the time I was the only female assigned to the lab...he did not remember my name but did verify that it was the female lab tech. and described what he remembered what I looked like. The VA used that as part of the evidence that s/c me.
Medical records....it is not uncommon for a female to start having female problems when they are under stress esp. when it is a MST case...GYN records from that time are revealing...also when a person male or female are being Sexual harassed or abused there will be an increase of going to the clinic (medical) those records can be revealing as well perhaps you were having trouble sleeping...or increase in headaches...or anixiety...all these if connected together will give insight...
A good Mental Health provider can look at those medical records and can gain a picture of what was going on.
Phone bills...if you started calling home more often then not...those are also indicators of a problem.
Statements from family members do have bearing on the case...and are used as evidence.
well those are some thoughts anyways...I have been down the road you are taking...and the truth will win out.
MT
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Betty,
1: what boot camp did you gradulate from (name of base and state)
2: year you gradulated from boot camp (where the near drowing took place)
MT
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LOA
wrote: "When I go for my psych consult, should I talk about my childhood (not great childhood), if asked. My doctor said yes because although my childhood was messed up, I was healthy and happy and the events of my childhood made me subseptible to the depression caused by military events"
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Loa...you stated that "I was healthy and happy"...which indicates to me that you had a normal childhood...you were able to cope with the life crisis that went on around you...to put events in balance in order to grow out of the situlation.
So the question is should you tell the VA Doctor about events in your childhood...I would simple say that 'I had a normal childhood period!. Who is to say what is normal or not esp. in today's world of madness...and depending where you are raised would dictate what is normal in that enviorment. For example if you lived in a large inner City area...well for some children it would be normal to see shootings, killings, beatings, domastic violance, addicted parents in there everyday life..and they would adapt to that situlation ...then lets say you were raised in the Midwest Bible belt per say...well normal for you could be the beaver clever family lifestyle...
back when I was a kid it was normal to get a licking if you did something wrong...back then it was spare the rod spoil the child...but today it would be called...child abuse. Yet I would say that most people of my generation turned out fine. And went on and lead productive lives...
I really feel if there are no records of depression or mental issue prior to service no school records that would point to any mental disablities prior to your military service...I would simply state I had a normal childhood.
no reason to stir up a honest nest when there is no reason to.
MT
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When I count my blessings I Thank The Good Lord for giving me this day to help someone along the way.
May God keep all of you and those you love Safe in His Loving embrace...thoughout this Holiday season and all those to come....
MT
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john999 wrote:
"The VA never called me in for an exam unless I filed a claim in the last 35 years. My VARO is too busy for that. They have thousands and thousands of claims waiting in line both original and appeals. If I don't send in the Unemployability Verification form I think I would have a problem, but I do that every year."
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Question what is a unemployability verification form? does the VA send one to you or do you need to get the form yourself and send it in...I never heard of that form before...
Thanks for any infor on this
MT
Does The Va Make A Distinction Between Migraines And Headaches
in VA Disability Claims Research
Posted
rentalguy...where would I look to see what code he was rated under...I read his letter from the va and I didn't see any codes...where would they be found?
thanks
mt