Quibley

I don't have any financial interest in posting this, but let me say for the record that, ANYONE filing a case before the BCMR/BCNR needs to hire an experienced lawyer who specializes in military/veterans law. And even then, statistically, you have about a 3% chance of winning. However, If you hire this guy, your odds go up significantly: http://www.wickhamjustice.com/news-stories-of-case-wins.html

Sgt. Tom Adamski was sure he was going to die when both of his parachutes failed during a 1972 training jump with the 82nd Airborne Division.He survived, but the trauma of the jump grips him to this day. Adamski was honorably discharged in 1973, but attempts at treatment failed, and his undiagnosed post-traumatic stress left him unable to work.Thus began a multi-decade battle to put a name on his psychological pain and get his Army records changed. The battle culminated in a November decision by the Army to grant him a medical retirement and 43 years of back pay worth hundreds of thousands of dollars, Adamski's attorney, Colorado-based John Wickham, told Army Times on Tuesday.The fateful jump set off a chain reaction of eye twitches and nervous tics that snowballed into negative performance reviews and termination of his jump status, Adamski alleged in his lawsuit against the Department of the Army. He opted for an early separation.Like many disability claims, the 65-year-old's decision, more than four decades in the making, involved several twists and turns, big wins and big setbacks, Wickham said."I told him the moon and the stars and the Earth were all perfectly aligned and he was supposed to win this case," he said.Adamski, who suffers from severe anxiety, declined to be interviewed. But he allowed his lawyer to speak to Army Times so that other service members might learn something from his story, Wickham said."I had this problem"After he secured an early honorable discharge, Adamski returned to his hometown. He tried to go back to school, but he failed his courses, Wickham said. He tried to go back to working as a tradesman, but he couldn't handle a full-time job, so his family helped out while he took temporary manual labor jobs.Around the same time, he began seeing a doctor to treat his anxiety, but it escalated and he was hospitalized at a Department of Veterans Affairs facility. Still, no one called his symptoms PTSD, Wickham said."I had this problem, but no one knew what it was or could help me," Adamski told his lawyer.By 1986, he was so incapacitated that the Social Security Administration granted him 100 percent disability, allowing him enough income to pay his bills.For years Adamski managed his psychological pain on his own, Wickham said. He lived alone in a remote area and turned to exercise, running 10 miles every morning and every night.He practiced yoga, he did marathons and triathlons, but the pace resulted in two knee replacements, Wickham said.By the late 1980s, Adamski had learned more about post-traumatic stress in veterans and decided it was time to approach the Army about changing the conditions of his separation.Rather than an honorable discharge, he wanted a service-connected medical retirement.He started with the Army Board for Correction of Military Records, which found that his well-documented psychological issues were not undoubtedly service related. They also couldn't find any records from the 1972 training jump incident. That was in 1989.More than a decade later — and after a 1996 VA decision denying his PTSD claim — one of his fellow soldiers filed his own claim with the Army, including an account of watching Adamski free fall until his reserve parachute kicked in at the last second.Adamski took that testimony to the VA, which awarded him a 70 percent disability rating with combat-related special compensation in 2004. That took care of his finances, Wickham said, but it didn't square up the real reason he left the Army.One more shotIn 2011, he tried to open another case with the ABCMR, but the Army turned down his claim. Since Adamski's last claim, the board had implemented a rule that put a one-year limit on filing appeals to its decisions.At that point, Adamski was ready to move his claim into civilian court. He hired Wickham in 2013, the attorney said, after a veterans advocate connected them.Wickham drew up a brief suing then-Army Secretary John McHugh in Disctrict of Columbia court, arguing that the VA considered Adamski 100 percent disabled because of his service and that the Army should change his discharge to recognize that."I think this case is an injustice writ large," Wickham recalled the judge saying in a hearing.In his brief, Wickham argued that because the one-year rule was put in place in 2006, Adamski couldn't have known that he wouldn't get another chance to argue his case. He also argued that placing limits on appeals while research and policies evolve is unjust."Most people get shot down at the courthouse door," he said. "We went through kind of the back door and the judge said, 'I'm going to let this case go forward.'"Rather than let the judge rule, the Army's lawyers offered to settle the case by waiving the one-year limit, accepting Adamski's new evidence and sending him back to the ABCMR in 2015.It had been almost 30 years since the Army had looked at his case, and in that time, PTSD research had grown by leaps and bounds, and the service had adopted a liberal policy on its rulings. On Dec. 1, 2016, he received the board's decision. They had decided to grant Adamski a service-connected medical retirement, retroactive to 1973.That means hundreds of thousands of dollars in back pay, Wickham said, or enough to buy a house, a car and continue providing for retirement. Wickham declined to provide a specific dollar amount."When he got the decision in the mail, on the front of the package it said 'Sgt. Thomas Adamski, U.S. Army Retired,'" Wickham said. "He really enjoyed seeing that." https://www.armytimes.com/news/your-army/2017/01/31/after-43-years-the-army-is-finally-recognizing-this-paratrooper-s-ptsd/

Requirements or Test for VA Compensation for PTSDSo what are the requirements to qualify for VA compensation for PTSD? You must have medical evidence that diagnosis PTSD in accordance with the diagnostic criteria in DSM-IV. You must also have a link between your current symptoms and in-service stressor established by medical evidence. Lastly, you must have credible supporting evidence that the claimed stressor occurred. To win your claim for PTSD VA compensation you must have evidence that shows "it is at least as likely as not" that you meet all three requirements. I will now go to little more detailed into each of these requirements. Step 1: Medical Diagnosis of PTSD As I described earlier you must have a medical diagnosis of PTSD under the diagnosis criteria of DSM-IV. So if you have a diagnosis of PTSD in is a good idea to get a report from your doctorthat explains how he came to this conclusion under DSM-IV criteria. This step can often be complicated when the veteran is given a diagnosis for his mental condition of other than PTSD by another doctor. This is why it is important that the doctor who diagnoses the PTSD fully describes in a report why he feels this way and how it meets the criteria under DSM-IV. Step 2: In-service stressor (traumatic event(s) while serving) The veteran must also show evidence of a stressor in service. This means the stressful event that cause the PTSD must have occurred while he was in service. It is important to note that combat is not the only stressor that can occur in service and cause PTSD. Any traumatic event that satisfies the diagnostic criteria in DSM-IV is acceptable. However, I should note there are special rules and it is significantly easier to prove an in-service stressor if the veteran was in combat or a former prisoner of war. I should also note it does not have to be one stressor that caused the PTSD in service it can be multiple stressors and the veteran should note all of the stressors in his claim for VA compensation. Many veterans may lose their PTSD claim due to a technicality so it is very important that a veteran complete VA form 21 -- 0781, statement in support of claim for service connection for post tramatic stress disorder. I have seen many decisions where the VA claims they did not receive this form and; therefore, it did not allow them to verify the veteran's stressor. Many veterans who have been denied for this reason tell me that they sent it in but this is why it is important to send everything into the VA certified mail so that you have proof that you have done so. The following is taken from one of these cases that was denied for this reason and explains what is required. "The US armed services research center for research of unit records (SASCRUR) has provided Department of Veterans Affairs with a booklet entitled, Guide for Preparation and Submission of Post Traumatic Stress Disorder Research Requests for guidance in requesting confirmation of alleged in-service stressful event(s) reported in conjunction with claims for service connection for post traumatic stress disorder. The US Armed Service Center for Research of Unit Records cannot conduct proper research to confirm these stressors without certain specific details to include names of any casualties known and Units to which assigned (down to the company level); dates of events (minimum month and year); unit veteran as assigned to when the claimed event or incident occurred (down to the company level); names of particular campaigns involved with at the time of the event or incident; and specific locations where the events where incidents occurred. You fail to provide any specific information capable of verifying any of the claimed events or incidents; therefore, your claim is denied for lack of a verifiable stressor Non-combat stressor If the veteran did not engage in combat then proving the stressor can be more difficult. The veteran must supply credible supporting evidence that the claimed in-service stressor occurred. In this case, the veterans statements by themselves are not enough to establish an in-service stressor. It is important that the veteran be specific as possible as to the stressful event or events that occurred including as much detail about individuals involved, dates, location and what the events were. The events can many times be corroborated by the veterans military service records but it can also come from other sources. It is always a good idea to get written statements from others in service who you served with who may have experienced the event or events or who you are in contact with shortly after the stressful event. This may even include letters or e-mails to home that the event occurred. It is a good idea to get as much supportive evidence as possible but remember the standard of proof is still "at least as likely as not." Rape, Domestic Violence, Harassment, Physical or Sexual Assault Another type of case which fits under the non-combat in-service stressor category but is treated a little differently is those who suffered from rape, physical assaults, domestic violence, robbery, mugging, stalking, and harassment. Although this type of claim is most commonly associated with female veterans it also occurs in large numbers to male veterans as well. Because of the nature of these crimes it can often be difficult to produce supporting evidence of this type of trauma. So even if your military records do not documenta personal assault you can still show the in-service stressor occurred. Some examples of evidence that can show the in-service stressor occurred in a PTSD claim for compensation are police records, records from mental health or rape crisis centers or other hospitals or physicians. It can also include statements from fellow veterans, family members and even clergy. What can be obtained from these sources that can help your claim is behavioral changes, a request fortransfer to another assignment, an indication that you were performance has declined, treatment for other psychiatric conditions following the alleged event such as depression, social behavioral changes and even substance-abuse. In other words if you can show by supportive evidence that after the assault occurred significant negative effects occurred in your life or you took steps to remove yourself from the situation you can prove your in-service stressor of assault. The decision makers at the regional office frequently misapply these rules. Step 3: Link between current PTSD and in-service stressor The last requirements to be found service-connected for PTSD and awarded your VA compensation is to show your currently diagnosed PTSD is linked to your in-service stressor by medical evidence. This is usually the easiest of the three steps to prove. One particular problem can occur at this step in the process, and that is if the veteran has also had a traumatic event after service. In this situation, it is extremely important that the doctor who diagnosed you with PTSD state at a minimum that it is "at least as likely as not" that the veterans current PTSD is a result of the traumatic event that occurred in service. For the record, I have an award for disability compensation for non-combat PTSD.

I filed for and received a rating for "PTSD w/ Anxiety and Depression" I STRONGLY urge you to file with that exact wording. Down the road if a C&P examiner finds one but not the other, it won't hurt you.

I went through this thread and your original questions and answers seem to change every time someone gives you an answer. 1) First he was Special Operations in Long Binh 2) Then he was special operations in the 9th Infantry 3) Then he was in a special operations transportation unit (which has never existed at any time in any branch of the US miitary). 4) Then he witnessed this special operations unit run over Vietnamese children - which, was the mission of the special operations transportation unit. 5) Then when he wasn't watching children being run over, he was pulling guard duty in bunkers and some NVA/VC were killed and he witnessed said action. What a load of $*&@ First off, Long Binh, besides being the headquarters for USARV - United States Army Vietnam, was also the home to the 1st Logistical Command, IIFFV - II Field Force Vietnam and the 1st Aviation Brigade. Geographically, Long Binh was in the III CTZ. III Corps tactical Zone, of which there were 4 in Vietnam. I CTZ, II CTZ, III CTZ and IV CTZ. IFFV-I Field Force Vietnam controlled I CTZ and II CTZ. IIFFV controlled III CTZ and IV CTZ. The 9th Infantry Division was located and headquartered in the Delta, in the IV CTZ. A very simple request to NPRC https://vetrecs.archives.gov/VeteranRequest/home.html with an additional request for the service member's complete OMPF will produce, among other things, a DA Form 2-1, also known as a personnel qualification record. A 2-1 is used to keep track of a U.S. Army soldier’s information and records, such as overseas service, assigned units, awards and honors, or job details. This form is important as a member of the Army can have many different titles and positions throughout their military career. They may also serve in many different places and participate in active duty tours. This form will ensure that the records of this soldier are kept up-to-date. This form is constantly updated with any changes to the member’s education, training, and assignments. Given what I've listed so far, your friend's recollections are all over the place, and not one piece of information that your friend supplied or any information you supplied passes the smell test. Maybe other people don't want to say it. But I will. My educated guess is that your buddy was a REMF assigned to some type of combat service support unit in the 1st Log, IIFFV or the 266th Supply and Service Battalion. I was assigned to many units in my brief military career and I've never forgotten the designation of the units I served. I call bull*hit

Dinnard: Thanks. Actually I won in 2010 thanks to many of the people on this board. I still receive the same monetary compensation that I did in 2010. It's just now, I am P & T, which means I am entitled to DEA, PX and commissary privileges. I have a 7 year old son. This means that his college will be paid for as well as a living stipend.

It's been a while since I've been on this site, though I do lurk from time to time. Many good people on this site took the time to chat, call, advise and most of all support me back when I was a homeless veteran with some very real medical and emotional issues and didn't even have a rating. They held my hand and I received a partial rating of 10% for hearing which got me into the VA healthcare system. While I was in VA homeless housing many members advised me to also file for SSDI, which I did and was granted in the late Spring of 2010. In August 2010, after waiting for 18 months, I received a rating of 80% + IU with future exams scheduled for Jan 2015. Well, almost like clockwork, the VA scheduled me for a C & P for PTSD, and because I'm in one of the smallest RO's (Manila) we only have 3 shrinks assigned to the VA Manila outpatient clinic. Because they are so small, doctors have to do both C & P's as well as treatments. Certainly not the same as when I was first rated at the massive Indianapolis Roudebush VA Medical Center. When I called the C & P desk to schedule my C & P, I happened to ask who would be doing my C & P, and I didn't recognize the name and I asked if Dr Xxxx could possibly conduct it. Dr Xxxx is the shrink I have been going to since October 2010 and knows me inside and out. They waited and said yes, and I saw him last February 27, 2015. Today I checked ebenefits and two things have changed I am now 90% and I am P & T with no further exams scheduled. I called the RO (yes, we can actually call and talk to someone at Manila RO) to check, and the VSO told me yes, they had closed my case last Friday, She said I was now 90% IU P & T with no future exams scheduled. She said my letter was in the mail and I would receive it in a day or two. As I said earlier, it's been a long time since I've posted on this site. I wanted you all to know that I've never forgotten those of you who helped me so often 5 years ago and I miss you. I promise I will more active and around. All the best, Quibley

I am 100% due to IU. Overall, 70% PTSD, 40% TBI and 10% hearing. Despite that, I filed for Voc Rehab recently. I did all the testing, filed an education/rehab plan, got accepted into American Public University (Bertha graduated from its sister university, American Military University) and got a buch of credits transfered, and am scheduled for a follow-up meeting next week. From everything I can sense, it looks like my counselor is going to approve me for the program, despite all the crap I read in various places that say you can't be TDIU and go to Voc Rehab. Some people would say I'm playing a dangerous game-that once I get into school the VA could drop my IU based on the theory that if you are well enough to go to school then you can work. I'm in the Manila (Philippines) RO. I see my shrink twice a year, and my PCP twice a year. There are no pyscotherapy services here. No anger management classes, no CBT, nothing expcept see your shrink and take your meds. In addition, Manila Voc Rehab DOES NOT offer ILP services of any kind. Not because it doesn't want to just because there are many services that the VA does not offer in the Philippines that every other RO in the continental US does. Anyway, I told my counselor from the start that there was no way I could attend a regular school in person because of daily panic attacks, anxiety and the propensity to tell instructors and/or students to go xxxx themselves. The fact that I have been a member of Hadit.com this long and have never got banned still amazes me sometimes. I also told her that I actually look at attending school as therapy. A way to try to reduce my signifigant isolation. A way to ATTEMPT to interact with people again. I thought that I would get swatted down like a common housefly and be denied. But as earlier stated, it seriously looks like I am going to be approved. My plan was to use the denial to apply for P&T. But you know what? I am actually looking forward to going to school because I'm so God Damned bored! And, I actually liked school in the past and I enjoy the process of learning. Lots of things on my mind though. I have terrible short term memory and a lot of difficulty concentrating. (PTSD & TBI). I am going to have to sit down with someone and ask them what kind of reasonable accomidation I should ask for at APU. I'm not getting better folks. If anything my condition had worsened and I'm a lot more prone to violence than I was when you quys met me in 2009 looking for guidance on my claims. Still I'm willing to try if they are willing to send me. Any thoughts?

Just to give you a frame of reference for your stats, I applied to Indy RO on 04-14-2009 for PTSD, TBI, TDIU, residuals, hand fracture, tinnitus, and bilateral hearing loss and my claim was awarded on 8-5-2010. By my math that's 16 months. With regards to your dependency claim, I filed for dependency at the Manila RO in May of this year and it was awarded this past Monday, 10-17-2011- for 5 months total.

My son was born in the Philippines before I was awarded my TDIU. After receiving my TDIU, I moved to the Philippines last year, This last May 2011, I finally got his birth certificate and applied for dependency. Here in the Philippines, we have a local number that we can call to speak to rep at the Manila R.O. I noticed that the claim showed a "closed" status on e benefits so I called the local number and was told that the claim had been approved and that I also had been awarded back pay for a total of $2173.00., going back to the effective date of my IU. Haven't received any money yet, but it takes longer here than in the states.

I'm 70% PTSD and 40% TBI and my PTSD "stressor" is also the service connector for my TBI.

Thanks, Pete and Carlie, he was divorced.

Sorry for the extra paperwork but I wanted to make the statement that I have nothing but good things to say about VES. It is my personal opinion that the only reason my claims were adjudicated fairly were because they were VES contract physicians. VES has always done right by me and I would say to anyone who has a C & P scheduled with them to just relax. If you truly have a medical disability, VES will treat you right.

I wanted to add an update to this post: my father, passed away on October 17, 2010. The claim for Agent Orange was being processed by the Indy RO. And they sure took their sweet ass time to make sure he died before they had to adjudicate the claim.