SoldierMedic395

Since my last update, my appeal is getting help from a Congressman. I got notification that I had a C & P exam so I scheduled for today. I show up and wait for an hour and a half to have the examiner tell me that I need a diagnosis for chronic fatigue before a C & P . I tell her that I requested a Gulf War general exam and I thought this was about the ptsd and mdd (which are diagnosed). There was no M H exam scheduled. The scheduling office had no help to offer. I go to the DAV rep. He can't help me either because locally, they have no access to my file. I get home and call the office in NYC. I get someone, get put on hold and dropped. I call back about 8 times to hear a message telling me to call in between the hours of 9 and 3, just like I was doing at the time. I am so close to giving up. It takes a lot of restraint to deal with the games and today, I lost it a bit. Just some barking, no biting. It's hard enough dealing with my own mental issues but dealing with the VA makes it that much harder.

Thanks for the advice all. I don't think I properly documented my stressors on the initial claim. I have since submitted a supporting statement that lists them. I think 2 in particular can be proven. One was a mass casualty event that is documented on an award certificate from the KKMC command with a supporting signature from the US command on site. The second would be the SCUD intercept which I submitted including the Army's own reference document (they actually kept track of every Patriot intercept). After reading my Cfile, the SCUD intercept should be easy to link since I was in the AO on the date of the intercept according to documents in my file. The details on the mass casualty event are mentioned in my treatment records and the doctor noted my reaction and stated that it is likely due to my war experience ( or words to that effect). I really didn't want to apply for the pension but I was advised that this could be a way for me to get a C&P exam. I ran with the idea because I think if the examiner actually reads my cfile or just my treatment record, they may realize that I should be service connected. @Navy4Life, that is exactly what I said on the NOD. I feel that since there were no US awards connected to my stressors, I should have been given the C&P exam to explain my stressors to an examiner. My assessment indicated PTSD and on the intake exam with a psychologist she noted m strong reaction to just telling the story and stated that my war experience is the likely cause of my depression and PTSD. That's why I am so confused about this. It seems like I was denied without anyone reading my file at all because it is all there in my treatment records.

Here is my latest sitrep. I claimed PTSD, MDD and GWI about two years ago and was denied across the board. The denial letter acknowledges the PTSD and MDD diagnosis but denies service connection due to lack of evidence of my inservice stressors (constant NBC alerts, potential friendly fire incidents, a SCUD intercept overhead and a traumatic experience treating wounded civilian children during a mass casualty event among others). That claim is now in appeals status. I wrote Sec. Bob and the person who replied on his behalf has really helped me out. She advised me to file for a non service connected pension, which she helped expedite. We scored a C&P exam for next week. My questions are: 1) Will the examiner have or read my entire C file or treatment record? I ask because all the pysch doctors agree that PTSD,MDD is due to my wartimes service (GAF 60) and that is documented in my treatment record. 2) Is it possible that the examiner can draw the conclusion that I should be service connected and recommend a rating based on the exam? I’m sure I have more questions but these two are topping the list. I am really confused that my initial claim did not trigger a C&P but a non service connected issue did. I am nervous and tired but glad that I have the chance to tell my side of the story. Please advise, Soldier Medic out.

Update: My attorney cut me loose for sending the NOD at the request of the NY VARO. Otherwise, no movement but I have my Cfile and med records. After reading through everything, I found that I have a GAF of 60 (probably worse now), a diagnosis of PTSD and MDD, evidence of presence at KKMC during a SCUD attack and mass casualty event but this still doesn't seem to be enough to get a service connected rating. I'm in retreat mode now as eviction is right around the corner and I no longer have an attorney. The process is wearing me down.

I have a ton of respect for Asknod and was very glad to see the input. I agree with Buck52, I'd hire him in a second. I get where the attorney was coming from and he does seem to have a large practice. No hard feelings but I thought it would be best to strike while the iron is hot and Bob is looking over their shoulders. I worked on my statement for a few hours and uploaded it so, hopefully I'll get an exam after all of this. My thanks to all for the advice and input. Something tells me I'll still need a lawyer in the end but I'm willing to live and learn.

I appreciate the input marine and asknod. I may be very wrong here but if the lawyer had a plan, I really wish they would have let me in on it. Believe me, I don't feel too good about going forward without an attorney on board but when Sec. Bob got the ball rolling, I didn't think that waiting another six months would be a good thing. Of course I know that this could completely backfire on me but it's a chance I have to take.

Greetings asknod! I don't think the attorney had any contact at all with the RO or VARO. When I got a direct line to the Congressional unit rep, they declined to speak to her at all and offered no advice on how I should proceed. In the withdraw letter, they claim that they asked for responses from me regarding the e-mail I sent to the Secretary but when I had them on the phone about it, all they said was "That's nice". They barely acknowledged my case until I filed the NOD at the request of the Congressional unit rep. Maybe there was a method behind it but, it really seemed like I was still on my own.

I have to admit, I'm a little afraid of facing this on my own but I'm the only one who I can trust on this.

Well, the attorney has withdrawn representation and I am glad. Apparently filing the NOD on my own upset them because I didn't think that waiting for the full year deadline was a good idea. They completely disregarded the fact that I am unemployed and on my way to eviction and I needed help ASAP. When the rep from the Congressional unit at the VARO responded, they refused to speak on my behalf and told me to say what I wanted, now they are upset. It seems to me that this firm was willing to let my claim linger for as long as possible for their benefit and not mine. It's a happy divorce as far as I am concerned.

At least it confirms that we're right not to trust anything concerning the claims process.

http://www.katv.com/story/28220732/report-data-manipulation-confirmed-at-little-rock-va http://www.va.gov/oig/pubs/VAOIG-14-03963-139.pdf

@ 63Sierra- IMO, the doc was trying to protect himself from a potential HIPA violation. The law requires that a positive ID must be made to divulge patient information. The days of getting that kind of information over the phone are gone due to these rules. These days you can be in violation for discussing a case with no names mentioned but there is still enough info for a listener to figure out who they are talking about. People have been successfully sued for discussing patient info over a phone call. The findings must be discussed face to face or he may send you the findings (most likely registered mail). The fact is that anyone can call in and say it's you and request confidential information.

Thanks Bronco and especially Berta. I was lurking this site before I signed up and I always read Berta's posts. She is the bomb (as the kids say)! I absolutely intend to become an advocate for PTSD vets. I've also been trying to become an advocate for Native American vets through my connections within my tribe and through some editorial writing I've done in the Native press. For now though, I have to fight for the win or else my advice would be useless.

I'm thinking that Oakland is not the only one burying claims and supporting documents. I watched today's hearing but no one seemed to bring this up. Granted it was for budget proposals but it should have gotten at least a mention.

I've put the requests in myself and with my attorney. Neither of us have gotten anything. A Gulf War Facebook group tells me that many of our records were destroyed. I guess that's why I had a hard time proving wartime service earlier in the process. Truth be told, I'm pretty lost in this whole thing.

That is King Khalid Military City and I was there. Our chain of command went from us to the 251st Evac Hosp to the 803rd Med Group. I found our unit in this document: AD-A277 591 United States Army Reserve In Operation Desert Storm ( 94-09819, 94 3 31 79) and on the 3rd Armored's site. I really doubt that any of these people would know us. We were a small detachment that mobed out so fast that we had no insignia on our BDU's. The members of the 251st often mistook me for a Saudi troop due to my hue and lack of identifying markers.

We were a very small unit and I haven't been in touch with any of them for about 15 years. I think a lot of my problem is due to the fact that we were a 7 soldier strong detachment. It was very hard for me to find evidence that we even existed on the web, let alone that we were in country. I did manage to find some reports from the command that we were attached to and news reports on our mobilization and return and sent those to the VARO. I do have a Southwest Asia Service medal and the report from our commanding unit placing us at KKMC during the SCUD intercept and inoculation mission for what it's worth (nothing it seems). The letter lumped all of my conditions in one box. I do have a DX for MDD and was being medicated and treated. I was also allowed into a PTSD group program at the VAMC. I really don't understand why the MDD alone wouldn't be approved for an exam. I honestly think that my case was denied for performance stats since my treatment and dx were ignored and I was denied exactly 1 year after filing to the day. It feels like I am beating my head against a wall and this process just makes me feel worse the more I fight.

I claimed PTSD, MDD, night sweats and chronic fatigue. The denial statements: When determining whether to grant service connection for PTSD, VA considers all potential in service stressors reported by the veteran or raised by the evidence. VA was unable to verify any of your in service stressors in order to grant service connection for PTSD. The available medical evidence is insufficient to confirm a link between current symptoms and an in service stressor. Chronic fatigue was denied as I expected since my GWI exam was cancelled before I submitted. KSA is Kingdom of Saudi Arabia I did write up a list of my stressors that I sent to my lawyer and the VARO. Stressor events XXXXXXX USAR 395th Med Det at time indicated: 1) Repeated NBC alerts in Tent City Riyadh and King Khalid Military City (KKMC) 21 Dec. 1990- March 1991. 2) 17 Jan. 1991 2:30 am approx. Allied air campaign begins. The siren sounded and unit evacuated barracks and proceeded to underground shelter. During the wait for “all clear”, 2 soldiers from 251st Evac Hosp., locked and loaded weapons and took aim at other American soldiers entering the shelter. I feared a friendly fire incident. Witnessed by Maj. XXX XXXX, 1Lt. XXX XXXX, PFC. XXX XXX of 395th Med Det, among others. 3) 24 February 1991 Afternoon, Scud intercept by Patriot battery over KKMC. I was at 803rd Med Group HQ signing in at time. The entire HQ shook from the shock wave and I had run outside to retrieve my NBC gear from unit vehicle. Multiple witnesses from 803rd Med Grp 4) March 1991 accidental discharge of small arms from Allied soldier in Saudi PX area, round impacted HQ of 803rd Medical Group. Members of 803rd Med Group, 395th Med Det and all subordinate units of 803rd witnessed as we were assembled in anticipation of the mass vaccination mission 5) Ordered by 803rd Med Group to participate in mass vaccination for anthrax of entire AO, with no record of shots given and ordered not to let Allied forces know about mission or existing vaccine. Many soldiers resisted vaccine on rumor of untested vaccine. I inoculated thousand of soldiers and worried that I am the cause of their health problems. 6) Lived and worked in exposure area of Khamisiyah Pit Demolition March 10-13 1991 7) Late March 1991 ordered by Lt. Col XXX XXXX MD to assist civilian nursing staff in children’s ward at KKMC Hospital. We were asked to assist as changing burn dressings is very painful for the patient and the civilian staff did not want the children to associate them with a painful treatment. We changed dressings on 7-9 burned children ages 3-10. I had to restrain a boy roughly aged 9 as he screamed and resisted care. I went to observe the neonatal unit next door and as I approached, I heard my own voice in my head repeating, “No”. I then witnessed 12-20 infants wounded and burned by shrapnel. Maj. XXX XXXX ,395th Med Det, had to physically bring me out of a trance like state as I stared and repeatedly yelled my name to “snap me out of it” 1Lt. John Flynn, Spec. Jennifer Brown also witnessed 8) Soldiers from 251st Evac Hosp. Consistently mistook me for a Saudi or possible enemy as my fatigues had no markings. I feared a friendly fire incident or misidentification as an infiltrating enemy. 9) Possible exposure to depleted Uranium and other battlefield contaminants as result of treating wounded EPW patients who arrived in Operating Room fresh from the field with fatigues on. 10) Incident in KKMC Operating Room, treating Republican Guard EPW still in fatigues who had a live hand grenade in his pocket that was found after he was anaesthetized. Maj. XXX XXX was present as were members of 251st Evac Hosp 11) On return to US, 395th Med Det and 808th Station Hosp. was disbanded and absorbed into 4220th USAH, officers noted my detachment and “tired” look, I often fell asleep in long meetings. I was advised to seek help during a transition briefing but declined and denied that a problem existed to avoid a negative impact on my career. Unit Deployment: 395th Team Surgical-KA, Uniondale 395th Med Det(Orthopedic) was attached to 251st Evac Hospital (USAR, South Carolina) 803rd Medical Group served as higher command Association of 3rd Armored Div. Service from 21 Dec 1990- 16 May 1991 in KofSA Reference: AD-A277 591 United States Army Reserve In Operation Desert Storm ( 94-09819, 94 3 31 79) Performing Organization Report Number: MDA 903-90-D-033

This issue is a huge source of guilt for me. In KSA '91 before the ground war started, our higher command gathered every medical asset in the AO. We were ordered to administer the vaccine to every American troop in the region. We were told to conduct the vaccination without documentation or notifying allied forces because we did not have enough to vaccinate our own and our allies. I spent 3 days travelling across the AO and probably vaccinated thousands, including ourselves. When the connection to illness came about there hasn't been a day that I haven't regretted following that order. 24 years later, I still lay awake worrying about the damage I may have done to others and myself.

I'm going to speak to him in the morning. I may let him go based on the conversation.

I kept the attorney because I think I need all the help I can get. I haven't contacted him yet but the letter says that he has been informed. I did get treatment at the MHC and I have a DX for MDD, not so sure about PTSD although I was screened and told I had severe symptoms. I really don't trust the whole system anymore so I haven't been to the MHC for a few months now. My feeling is to request DRO review but I don't know if I can handle a hearing. All I really want is a C&P exam so they can confirm what they have already assessed me for. I really see why people give up and I haven't been on this ride very long. I'm not quitting though. I just want to make sure I don't screw myself during the process.

Here's my SitRep. I filed in 2013 after a foiled suicide attempt (NY traffic saved me, go figure) and being assessed with PTSD and MDD at a VAMC. I never got a C&P exam and was denied exactly a year to the date of my initial filing. I got an attorney to assist my appeal but I got impatient and e-mailed Sec. Bob. He got the ball rolling and my case was sent back to the VARO. In the process I found that my attorney did not file a NOD and intended to wait until June 2015. I'm out of work and desperate so I filed a NOD myself. I just got the acknowledgement along with the Statement in Support Of Claim form 21-4138. My question is should I submit the form and just what should I say? I'm guessing that I should describe my stressors, service in country (ODS '91, Northern KSA) and how it has effected me afterwards but I'd like some feedback from those who have been there before.

Sorry you are getting the run around too. After watching the HVC hearing yesterday, it's clear that they have been sandbagging PTSD claims. I remember that someone during the first panel mentioned that under the proposed budget, VARO's would now be able to rate claims without regard to budget constraints. That tells me that until now the budget comes before the vet's health.

Congratulations, it actually makes me feel a bit better seeing someone win. Still hoping I can mark the W column too.

Happy Anniversary Hadit.com! T-Bird has given a lot of us hope, a place to find good information and a place to be heard. Thank you from a grateful veteran.