ptsd Has Anyone Filed A "aggravated In-service Claim" For Ptsd?

[fogcloud]

I was just diagnosed with PTDS since age 9. On my entrance physical, I checked depression, excessive worry, trouble sleeping and diarrhea. I was told that I was just someone who worried a lot and there were men losing their lives in Viet Nam so "suck-it-up". In my judgement and in the judgement of my Licenced Profession Counselor (CSW), my PTSD was aggravated in-service. The trauma was real, but I won't discuss it here. I also had major documented diarhea problems through out my enlistment as well as an operation to remove fissures from my colon. When I was discharged, I still checked trouble sleeping and diarrhea on my discharge physical but checked no on depression. All of this is documented in my military health records. I checked no for depression on my discharge physical because they kept saying I didn't have depression as well as the fact that I was told if I checked "yes" I would not be discharged without a complete psychiatric evaluation.

I would appreciate any views or instances from the great communtity of posters here.

Thanks.

Edited July 2, 2007 by fogcloud

[Jay Johnson]

I tried to point out that it didn't apply to the question in this thread, I just wanted to make sure that people were aware that it could be done. I don't see how it is a shady area if the regulations permit it to be granted and the VA is reinforcing training on this subject. It was listed directly as a FAQ on a PTSD information letter released to the RO's in an effort to help expedite the processing of claims in which they are unnecessarily developing to the service department for verification of stressors when the disability was diagnosed in service.

To help put it into context, two of the more commonly claimed disabilities are hemorrhoids and pseudofolliculitis barbae (razor bumps) which you will see become service-connected because they manifest in service. While each vet may be predisposed to developing the condition, the fact that a chronic disability initially manifest during military service is binding on VA. With any potential pre-existing disability, such as your cancer scenario or the conditions previously mentioned, there must be "clear and convincing evidence" per their regulatory criteria to refute or rebut the presumption of soundness upon a veteran's entry into military service. This is a very high burden of proof for them to reach without concrete evidence of treatment prior to military service (which is not there in the vast majority of claims).

I'll admit that there is no easy answer to any of this as the facts would have to be judged on a case by case basis. I'm just trying to help out anyone that might need it

Well, the difference is that PTSD develops due to a severe stressor, so it's unlikely that someone would develop PTSD while in the military, yet have it non-military related. It's certainly not impossible, but highly improbable:-) I wonder how they would handle PTSd with delayed onset if the stressor was preexisting, yet it did not "mainfest" itself until one entered the service? That would be tricky, in my opinion, because it would depend on whether or not the person technically had preexisting PTSD or not?...when does PTSD technically start in that case?

As you can see, it's not so blac and white with PTSd (or doesn't seem to be to me).

[Hoppy]

I filed a claim for an aggravated assault that occurred in 1968 while sleeping in a barracks. I woke up from a sound sleep and could not breath because my throat had closed as the result of a laryngeal spasm as a result of the assault. I thought I had taken my last breath. I developed sleep disorders and extream anxiety and refused to sleep in the barrack and moved off base. This was all noted in my SMR. The event occurred 13 months after entry. At the time the stressor was so significant that I saw military shrinks on three ocassions and was eventually discharged with a psychiatric disability. PTSD was not a diagnosis at that time. In 2003 I took my SMR to a VA shrink who wrote a report that my inservice condition was misdiagnosed and that I had service connected PTSD. SSD gave me a GAF of 40 in 1996.

The assault was not reported to police and there was no police report. Additionally, the assault produced symptoms noted in the SMR. However, the same symptoms could have been attributed to an accident.

My claim was denied because there was no reliable evidence that an assault actually occurred. The DRO said "NO POLICE REPORT = NO STRESSOR".

The DRO was of the opinion that anybody could walk into a sick call and claim they were beat up, raped, or any other type of assault and that does not result in a reliable stressor. He wanted witnesses and or a report of an arrest.

If you have other evidence other than your SMR, such as witnesses and police reports get statements. Additionally, I told this same story to another veteran who then got a letter from a shipmate who was still on active duty and an officer. The VA also denied his claim saying the statement from the officer was not sufficient.

Get as much evidence as you can. Maybe you will run into a friendly adjudicator. I have seen older PTSD claims awarded on less evidence than I had. The guy I had was a real hard A__. I thought I could win on appeal. However, I was service connected at 100% for another condition and did not appeal the PTSD.