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ACMM

Seaman
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About ACMM

  • Rank
    E-3 Seaman

Previous Fields

  • Service Connected Disability
    20%
  • Branch of Service
    Navy

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  1. Hi, I had read one of your replies about a similar situation as mine, would you mind giving insight on my situation ( although I was a victim as a child)

     

  2. Bassrunnin-I personally made the mistake of divulging my childhood history which involved sexual abuse, my sister as the victim and my father as the perpetrator. And I received a denial early Jan 2015 stating the reasons were: ptsd pre existed military service ( they rewrote verbatim what the examiner said and in a nutshell it was ptsd pre existed from childhood bc of what happened to my sister), the second reason for denial was :no evidence of in service stressor (although the rape was reported etc) Basically, talking about my childhood and what happened to my sister came around to bite me in the butt even though I was not the victim during my childhood they completely threw out my own testimony and evidence of personal trauma and went with saying it pre existed. What I learned from all of that was : I should not have mentioned my childhood in regards to my sister because the VA used it against me. Was it pertinent information to tell them? Now I can say no, that information was not pertinent. And there was no medical evidence of myself being diagnosed with ptsd prior to the military, but they were able to deny me anyway. This made my claim process a bit harder and thank goodness I finally received a different decision finding me service connected, but I would be careful because it can help or hurt your claim. I wish you the best of luck :)
  3. UPDATE AGAIN: I received a phone call from the St. Petersburg RO. He said he was calling to inform me that I have been granted service connection for PTSD. Oh man was I happy. Then the crappy news of the VA low balling me. So now with TMJ and PTSD I'm rated 40% overall. I'm going to file another NOD because I strongly believe I should receive a higher rating based off of the VA's regs. I'm still in contact with the woman Hickey put me in contact with awhile ago and I told her today about feeling like I was low balled. She responded back in less than an hour and told me she's going to review my recent medical exams to see if they called it correctly. In my opinion I feel like they gave me service connection to shut me up and stop me from contacting everyone under the sun. I'm grateful that I got over the hump, but I'm not prepared to stop fighting just yet.
  4. Mikemmlj- I was contacted this morning by a supervisor from the St. Petersburg fl, C&P clinic. He said he received the letter I sent to Allison Hickey and that he was calling to address my exam concerns. He said to file an addendum and state the issues and that it wouldn't hurt to do it even though I already sent in a NOD. Do you have any insight on filing the addendum?
  5. John999- thank you for the advice. I've contacted a few lawyers, but haven't received any responses. Mikemmlj- I wasn't even aware that I could complain about the examiner. She flat out lied, I have never stated that I witnessed what my sister went through. I never even knew the details until after I got out of the navy and was able to spend time with her. It's just disheartening to know that a woman used my gullible, dependent nature and need for someone to listen, against me. I honestly felt good after I left that appointment. It wasn't until I received my denial letter that I realized she and the examiner in the second c&p exam were just wolves in sheep's clothing. I don't think those type of people realize the damage they do when they act so carelessly. These disabilities that we go to the VA for are not some fantasy pain that is made up. I don't need a doctor to tell me my woes, I am very aware of the hell I have silently slipped into, but I'm tired. I'm tired of feeling like no one believes me or like rape is natural and I should be over it or be able to mask the pain better. it's consuming, it consumes the deepest part of you and it reminds you of its presence every day. And at my lowest point I realize I have no one except myself, the Navy turned it's back on me even though I was loyal to a fault, friends and family, they all single handedly turned their back after this happened to me. Every day I wonder to myself how people can be so cold hearted and I still don't understand. Ughhhh....I just feel beat down and now I'm ranting. I just can't believe that I went through the hell of reporting the bastard, of getting harassed and called a ship slut, of losing so called friends... just to be made to feel like it didn't happen. I know it happened there isn't a night I go to sleep that I don't replay every moment. There isn't a moment in my day now that I don't replay everything... I remember everything. I'm not living anymore I'm just existing, and thanks to the VA I see that no one will care more about your issues than yourself because that's all you have at the end of the day. I apologize for the randomness at the end, but I needed to vent.
  6. It took me awhile to grit my teeth and type out my denial letter, but I finally did it. I should also note that on the front of my denial letter under INTRODUCTION it says the following: The records reflect that you are a veteran of the Gulf War era. You served in the Navy from July 16 2007- July 15 2012. ( I was born in 1989, so I'm not sure how they came to the conclusion that I served in the Gulf War. Also, I reported the rape immediately to ncis, my mom, the advocates on the ship, the va hospital that saw me for the kit, and to my chain of command who approved my sudden leave and change of duty stations. REASON FOR DECISION SERVICE CONNECTION FOR PTSD Service connection for ptsd requires medical evidence diagnosing the condition in accordance with 38 CFR 4.125(a); a link, established by medical evidence, between current symptoms and an in service stressor; and credible evidence that the claimed in service stressor occurred. Your claim for service connection was considered based on the requirements as set forth in the Code of Federal Regulations 3.304(f). It is essential to note your assertion as to what happened during military service is not in any way being placed into question. On a VA form 21-0781, Statement in Support of Claim for Service Connection for ptsd you stated that on around November 28 2009 you were sexually assaulted. On a VA examination dated September 2 2014 and November 4 2014 the examiner stated that it is at least as likely as not that your ptsd pre-existed your military service. The examiner stated that you endorsed many anxiety/ptsd symptoms prior to your military service related to witnessing sexual abuse of your older sister prior to your military service. The examiner also opined that it is less likely as not that current ptsd condition was aggravated beyond its normal level of progression by military service. On a VA examination you stated that the only mental health treatment you received prior to the y was attending one session of counseling and you acknowledged that you continued to struggle with the impact of learning your sister was molested. Treatment records from the VA Health Care System show treatment for ptsd Your service treatment records show that you participated in individual therapy with ship psychiatrist in the military. Service connection for ptsd requires medical evidence diagnosing the condition in accordance with 38 CFR 4.125(a); a link, established by medical evidence, between current symptoms and an in service stressor; and credible evidence that the claimed in service stressor occurred. “Credible supporting evidence that the claimed in service stressor actually occurred” means that’s there is a legal standard that must be met and that the veteran’s report of the incident must be best supported by service or civilian documentation of the incident, or if that is not available, there must be other evidence that would lead to the reasonable conclusion that the incident occurred. Such other evidence would generally include military or civilian documentation of behavioral changes after the incident which would reasonably be expected from a person who had undergone a personal assault. Such changes include, but are not limited to: sudden requests for other duty assignments without justification, obsessive behavior ( such as over or under eating), increased disrespect for military or civilian authority etc. The evidence of records does not provide credible evidence that the claimed stressor occurred. A diagnosis of ptsd must meet all diagnostic criteria as stated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. The evidence does not show a confirmed diagnosis of ptsd which would permit a finding of service connection. Our department does not place into question your account of harassment/assault sustained while in military service. Your claim is being denied at this time in the absence of evidence supporting a conclusion of aggravation of pre existing condition. The rule regarding reasonable doubt does not apply because the preponderance of evidence is unfavorable.
  7. Berta I sure do have a copy of that. In fact I believe I have the original and the copy was placed in my service records at the time. I'm going to put hands on it today and make a copy that can go with my other papers I've been gathering for the claim.
  8. Berta I felt it was ludicrous also, that's why I've been writing everyone from politicians to newsrooms even if it's just to make them aware of the VA's mistakes. I also brought one huge obvious mistake of the VAs to Allison H's attention and it was that the denial letter states I served in The Gulf War...I was born in 1989...completely impossible for me to have enlisted when they say I served, lol they even type out the dates I served, so either the VA is full of people that don't know their job or American History or it's pure laziness and lack of concern for the veteran and their claims..... either way it's pathetic....i'll keep pushing til I get what I want. I hadn't posted the denial letter because of how I get when I read it, but I'm going to get over that feeling so you all can look it over and offer more advice. I am a 100% positive my divisional officer will be willing to get his letter notarized. The PTSD is not on my dd214...I signed a paper waiving my rights to reenlist in 2011 and got an honorable discharge. Before the rape I planned to reenlist, I had the quals and evaluation marks to keep moving up as an AC. After the rape all I wanted to do was get out of the navy, but I figured getting out early would mess up my GI bill benefits so I remained dead weight on the ship until my separation in 2012. Do you think my honorable discharge will work against me? I have my profile evaluations from the Navy and they show high marks and controlling positions before the mst and very low marks and non position responsibilities afterwards, also went to DRB and XO's mast weeks before getting discharged....I received an honorable discharge but by that time I was not a stellar sailor by any means. I just wanted out. A woman by the name of Tiffany from NVLSP contacted me and last week after I filled out her forms she told me a woman named Tierra I believe, would be contacting me in a week or so after she reviews my claims file then a decision will be made on whether to take my case. They did advise me to keep looking for assistance and file my NOD just in case they do not get back to me in a timely manner. I don't believe I have said this yet but THANK YOU SO MUCH TO EVERYONE THAT CONTINUES TO HELP VETERAN AFTER VETERAN WHO COMES TO THIS SITE LOOKING FOR GUIDANCE
  9. I emailed Allison Wonder Woman yesterday and did not leave anything out as far as the VAs errors. Well this morning, I received a response back, she CC'd quite a few people in her response. She stated she was contacting Diana Willard ( VAVBAWAS/CO/Office of the USB VBA) to identify an expert in a different RO to look at my case. She also contacted VHA about my exam concerns. I'm glad she even responded, the last VA employee I contacted for additional help, didn't even respond...I made sure to pass that person's name on to Allison. Nothing may come of any of this, but at least it's shining a light and the VA now knows I'm not going to lay down and take it.
  10. UPDATE: I contacted Senator Marco Rubio the day I received my denial letter. Today I received a reply from him and he requested my permission to look at my claim. Hopefully this is a good sign.
  11. Pete53- No I am not working :\ I have not worked since I separated from the military. I was unable to do campus college and was kicked out after the first semester for low grades and attendance. Then I enrolled into an online college and after suspending me to only taking one class for low GPA they sent me a letter earlier this month stating I was not invited back to take courses at their school because I failed to raise my GPA. That was the only income I had, I lost my car immediately after getting out of the navy in 2012 because I couldn't afford the payments and insurance. Currently, I rely on my boyfriend who is also a disabled veteran and I live with him and his mom and step dad. I didn't ask for social security because I didn't think I qualified for it since I had not worked since the navy.
  12. Berta, My mom was the first person I told after it happened and she immediately contacted my ship. I did not think to get her testimony from that because I figured I was good to go since it was reported, but I'm seeing that's not the case, so I'm going to take your advice and have her right an additional statement just in case. I only started gathering additional evidence once I was denied and realized I was going to have to pull a rabbit out of my hat since my service and medical records was not enough for the claim. So I have not sent in the buddy letters or medical evidence from the event yet. I'm hoping either the American Legion or NVLSP will contact me after reviewing my claim and realize the VAs blatant errors of failing to read my records in their entirety and attempts to pass the buck. Being hopeful is all have now. Mikemmlj- once I type out the denial letter I will post it. I was very shocked myself and the letter discouraged me. It seems reporting or not reporting means nothing. Damned if you do damned if you don't.
  13. Hello everyone, I've been reading this page on and off for awhile and thought I'd try to get some advice. I served in the Navy as Air traffic controller from 2007-2012 In 2009 I was raped and I reported it Transferred duty stations Immediately began treatment on board my new ship with the ship board Psychologist After some time she diagnosed me with PTSD Prescribed Trazadone I was demoted in job responsibilities My flight status for controlling was grounded due to the meds and diagnosis I started a claim in 01/10/2014 for PTSD due to MST Went to two separate mental health exams On 01/15/2015 I received my denial letter from the VA stating it is as least likely as not that my PTSD existed prior to my military service. And it is less likely than not the MST aggravated and worsened the PTSD pass its normal progression. There is no evidence that an in service stressor occurred. I don't understand how the examiners and the VA can say my PTSD is from my sister getting sexually abused during childhood and me witnessing it. <<<I never stated ever in my life that I witnessed what my sister went through. I was never affected by it because it did not happen to me, which explains my proof of having an active, positive childhood. I held jobs, good grades, good attendance and was apart of Track and field, ROTC and softball until my graduation from high school. Also, mental health plays a major part in the job I had in the Navy. If I were suffering from any mental health issues including PTSD, ATC would not have been a job option for me and I would have never completed the training or received my FAA card, but I did. There is an in service stressor, I reported it, I had a rep from a rape advocate group on board the ship, NCIS was involved, I transferred, and my personal work habits declined and is evident in the periodic evaluations we had. I have already filed a NOD requesting the DRO review my file. I have contacted a handful of Florida politicians and a newspaper. I requested the NVLSP assistance, but I haven't received a response saying they'll take my case, so I also contacted the American Legion. I have also requested my entry Physical into the Navy along with the treatment records from in service. I was able to contact my old divisional officer who over saw my transfer and knows exactly what happened to me that night and he agreed to write a statement for me. My mom also agreed to write a statement regarding the VA accusing me of witnessing my sisters abuse and accusing me of having PTSD then. I don't know if i'll need those things. I can't imagine what else I need to prove what happened to me in the Navy...I feel like I could gather all of the hard evidence in the world that I was raped and have ptsd, but the VA has zero sympathy for that and refuse to admit or acknowledge what went on. If anyone has any advice it would greatly appreciated.
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