ptsd Ptsd

[Johnny K.]

I saw a "contract" Psychiatrist at VAMC C&P hearing for a non-combat PTSD Claim. He denied service connection but conceded my PTSD.

I was a Navy Hospital Corpsman attached to the 3rd MARDIV during Vietnam and was an Emergency Medical Technician at USMC Base, Camp Pendleton, after rotating home, for a period of about two years. VA has accepted my stressors but has denied my claim.

I just received notification for a DRO hearing on September, 12, 2007.

I have a representative from American Legion who is helping me and will accompany me to hearings.

I have four private Doctor opinions and one VA Staff Psychiatrist opinion which support my claim, and I attend VA group meetings twice a month for PTSD.

Please give me your opinions on what I can expect at the hearingand what else I can provide the DRO besides all of the records which I mentioned above.

Thanks, and Welcome Home!

[Berta]

Corpsman-you mentioned 3rd Marine Div. Vietnam-they became 1st Mar Div under Zumwalt-in 65- or 1966-after Rolling Thunder and Op Starlight-

I am astonished that the VA has not awarded you yet with the evidence you mentioned.

Do they have all of that evidence?

Did they ever refer to it yet in any Statement of the Case?

Have they attempted to rebutt those IMos with any VAola quackola medical opinions?

I would certainly bring all of the above opinions to the DRO hearing and make sure they are fully considered-

and are made part of the record----

My Rep at a DRO hearing- claimed he highlighted my IMOs -but the DRO record shows this never happened and that VA did not even have any IMos from me.

I hope the AL will sure show up for the hearing.

When the VA has enough medical evidence to make an award -they should award-

they should NOT do any doctor shopping to try to find a VA opinion against your claim.

When MY rep called me before the DRO conference (it wasnt really a hearing)

he said he was sure he would walk in with my IMos and walk out with an award.

I dont know what he walked in with- my IMOs disappeared from that point for over 2 years-in spite of being re-sent by me many times-and he never gave them to the DRO.

I will look for the regs and post them here-

that show that VA -with enough medical information to award (regardless of where it comes from-claimant or VA )is supposed to award.

You have a preponderance of evidence -

actually it is really too late for VA to doc shop-

I sure hope the AL knows the regs in and out on this one.

Berta

Edited July 29, 2007 by Berta

[Berta]

PC Doc-

did you get a real VCAA letter?

One that said Important Reply Requested and then had underlined or bold type statements as to the evidence you needed?

Seems like you probably did- but I am surprised they have not awarded this yet-

[Vike17]

Johnny K,

What was the reason for VA's denial?? Was it because of this;

"I saw a "contract" Psychiatrist at VAMC C&P hearing for a non-combat PTSD Claim. He denied service connection but conceded my PTSD"

The doctor themselves do not make an awardof service-connection, the RVSR (or DRO) does this. If the C&P examiner didn't state that your stressor was the cause of your PTSD, then the decision maker had no choice in the matter.

Make sure that when you go to your hearingthat the VA is aware of your statements from your doctors. Make sure that the doctor provided a full rational as to whythey came to such a conclusion and that they reviewed your entile medical records to include your SMR's.

"I have four private Doctor opinions and one VA Staff Psychiatrist opinion which support my claim, and I attend VA group meetings twice a month for PTSD"

The four doctors that wrote opinions, if they weren't a psychiatrist or psychologist, then they are pretty much useless as far as mental conditions are concerned. Just make sure VA is aware of the one opinion by the "VA Staff Psychiatrist" and your treatment records.

Vike 17

[Johnny K.]

Dear Vike17,

The claim has been denied so far based on the IMO's statement that I have not been "hypervigilant subsequent to my experiences as a Field Medical Service Technician".

Of course he never asked me about hypervigilance during his 10 minute exam.

Thanks,

Johnny K.

[Johnny K.]

Dear Berta,

I was assigned to 2/4 3MARDIV from 1973-1975. Re: Operation Eaglepull April 1975.

Next stop, 2/5 1MARDIV CamPen USA 1975-1976. I was T.A.D. to NRMC Camp Pendleton as a member of perhaps the first Certified Emergency Medical Services in the military. We were given extra training at Tri-City Medical Center in Orange County , California, and Certified as California State E.M.T.'s

Thanks,

Corpsman JohnnyK

[Berta]

Op Eaglepull was the evacuation of Saigon-

Vike is right- in my astonishment that the VA denied your claim- I overlooked points he just made-

Independent medical opinions need to follow a distinct criteria- it is here under search (use the top search feature) "Getting an independent medical opinion".

Not only does the IMO doc need to provide full medical rationale as Vike said- they also have to make a nexus statement-

However-the VA staff Psychiatrist's opinion (I assumed it was favorable) should have much weight with the VA and I hope the other IMOs corroberate it.

With the stressors accepted and the diagnosis confirmed- it seems to me they are saying-as you stated: you were documented as not having been-

"hypervigilant subsequent to my experiences as a Field Medical Service Technician"

DUH- many PTSD vets were not hypervigilant until they came back to the world- and many never showed this symptoms for decades-it is one small part of the PTSD criteria-

did they give any other reasons at all for the denial?

I think they mean-you were able to perform your duties after the stressor-with no hypervigilance- yet this is a bizarre way of looking at at-

My husband USMC-Danang-65-66 was partner in a business as well as in the Nuclear Power Industry for many many years after Vietnam-

the Three Mile Island Nuke accident is what triggered his PTSD-enough for him to go to VA and get help-his siblings hard been telling him for years that something was wrong with him since he came back.

He was always hypervigilant but I dont think he would have even described himself as that-

others noticed his startle reaction after the war-

he did not associate this at all with Vietnam although it is obvious reaction but NOT the sole symptom of PTSD.

My point here is that many PTSD certainly maintain good jobs and function well- until the PTSD manifests itself into a full blown mental illness- that doesnt mean they didnt have PTSD-it means they somehow dealt with it- put it all on a mind shelf-is what the vets at the vet center used to describe- and this is why it is a POST trauma disorder-

post could mean-days, months or many years after the fact.

Do you have the entire VA shrink C & P report?

Did the VA raise any other reason or issue at all-to deny you?

Did these IMOs combat the negative VA statement or did you obtain them before you got the SOC?

If VA had them did they refer to these IMOs in the narrative of the denial in any way at all?

If that was the sole basis for denial -any good IMO meeting the IMO criteria should be able to combat that reason.

One IMO for and one IMO against-in VA case law-usually means if they are weighed as having equal merit- the veteran succeeds under Benefit of Doubt.

I say usually because VA owns the scale they weight these opinions on.

Your reps should push for award under Benefit of Doubt.