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Ptsd Claims And C&p Exams

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Guest Ginger

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I am attempting to assist my husband in his claim for SC PTSD but am lost in a process and world I do not understand. His claim was initially filed in June 2004. It was quite by accident as I went to the County VA Rep. attempting to get him treatment through the VA. After several years of treatment through private psychiatrists and psychologists, two psychiatrists finally diagnosed his problem as PTSD which resulted from his buddy being killed in a tank which was known to malfunction. It would do things after the main power was cut off but they were ordered to use it anyway. His buddy was caught in the turret. Although my husband and another friend tried to save him, he passed away. When the interview with the Rep was completed, the Rep. told me he had filed a claim for compensation and to go over to the VA Med Center to apply for treatment which is where he has been treated since that time for which we are most grateful. We gave the Rep. names of the witnesses and the victim as well as informing him my husband was told there would be a CID investigation and he and the other buddy who found their friend were ordered to guard the tank that he was killed in that night. I even did research and found the SS# for his deceased friend in the SSDI and conveyed that to the VA. I was most dismayed when he received a denial earlier this year stating they found no record of the death, or any CID report nor record of the existence of his other buddy witness or the Sgt. who came running to help extricate the victim. I was to understand THEY would help locate the information. Although I was unsure how to proceed, I began doing research on the internet and found the widow who kindly provided a copy of Certificate of Overseas Death, and the CID report. I also found his other friend who was a witness and the Sgt. who, to my UTTER DISBELIEF considering he wasn't supposed to exist, was a Retired Sgt. Major of the Army who also wrote a buddy statement. I also submitted the scant military records my husband still had showing he was receiving high scores and praise prior to his friend's death in June but after his performance deteriorated to the point that by November of that year he was receiving penalties ( I don't know the technical term) for being AWOL and not in formation, etc. and lost his rank. He has stated he went to medical for help and they gave him small pills (which he thinks were Melloril) and was told he would be alright. He begged to get out of tanks and back to his MOS of Forward Observer but was denied. The VA claimed there is no record of either his requests for transfer or the medical visit. Unfortunately, that is the only documentation I have not managed to access to refute what they say. The status now is that the new VA Rep "resubmitted" it under a "failure to assist" and my husband has an appointment for a C&P exam here in Western North Carolina, but they are not sending him to the VA psychiatrists who treat him but to a private psychiatrist contracted by them. This concerns me. Given the performance of the VA thus far, I'm not sure I can trust a doctor on their payroll and even if ethical, how can they assess my husband's condition in one appointment? I have had so much on me in the last 2 years, I feel as though I'm drowning. It's difficult enough to deal with his illness and all of our financial and personal things as well as keeping a home operational. For those of you who understand PTSD, I don't have to tell you he refuses to leave the house most of the time except for mandatory errands and bill paying. Any information you could give me on the claims process in re: PTSD, C&P exams, or support groups for PTSD Vet's wives, I would appreciate. I've asked at the VA Med Center but they know of nothing for the wives. The last couple of months he has been what I refer to as "closed for business" or "checked out" punctuated by fits of rage. The last couple of weeks it has worn so thin I feel as though I would like to crawl in a hole and not come out. Unfortunately, I don't have that luxury.

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  • HadIt.com Elder

Ginger welcome to Hadit and thanks for sticking by your Veteran. As you probably are figuring out the VA is not helpful and even when you provide the info they ignore or overlook it. From your Post I can see that you have done most of the grounf work.

Have you asked for a DRO Hearing? I suggest that if it has not been done that you should request a Hearing and present your case to a real live person.

Please don't give up.

Pete

Veterans deserve real choice for their health care.

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Ginger welcome to Hadit and thanks for sticking by your Veteran. As you probably are figuring out the VA is not helpful and even when you provide the info they ignore or overlook it. From your Post I can see that you have done most of the grounf work.

Have you asked for a DRO Hearing? I suggest that if it has not been done that you should request a Hearing and present your case to a real live person.

Please don't give up.

Pete

Thank you for the reply. I understand it is in the ratings board again and they need the C&P exam before making a decision. Do you think this C&P exam will be useful? Is the DRO the Decision Review Officer? Should I request that if he receives another denial from the ratings board? I just don't understand the whole process and what should be done. I wish someone would present a worse-case scenario step-by-step procedure. I'm flying blind.

Ginger

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  • HadIt.com Elder

Ginger

One way to get familiar with VA procedures, is to go here;

http://www.hadit.com/faq.htm

and scroll down to get an overall picture of the steps in filing and pursuing claims.

Edited by wallyg

Fight the VA as if they are the enemy; for they are!

Erin go Bragh

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  • HadIt.com Elder

Ginger

Here's the perfect Avatar for you, if you want to use it.

post-13-1126318523_thumb.gif

Edited by wallyg

Fight the VA as if they are the enemy; for they are!

Erin go Bragh

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Yet another good reason to seek private psychiatry when you have PTSD....they would HAVE to take your civilian doctor's evaluation especially if he has been seeing you for a prolonged period of time. A treating doctor is always FAR better then a quick C&P exam and if they force you to go to a C&P exam anyway then refuse and NOD it to the BVA (actually CUE it under the reg that says they MUST accept civilian documentation if it is throrough).

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  • HadIt.com Elder

ginger, you have to report for C&P exams or they can refuse to rate him, they will also more than likely not allow you into the room for the exam, they would not allow my wife, in my case I gave them dates and times of the attack on me, they first said the incident was my fault for being drunk, they never attempted to get corroborating statements, the CID reports, MP reports or even the general court-martials, 2 1/2 years into it I got lucky and a lady at HQ DA JAG, Clerk of Court office ran a name search using my name and she found the four general court martials of the men who tired killing me in alaska and when I gave them the court martials at a "informal meeting" in Jan 05, they finally scheduled me for a C&P exam, they did nothing as far "as duty to assist" they didn't even list the court martials on the evidence they used to award my claim, they used all the information they had for the previous 3 years, the hospital report from Alaska, showing 3rd party liability and my stressor statement. They are just bogus people at the VARO and you have to keep appealing until you get what you want. I applaud you for sticking by him, I have 4 ex's that didn't #5 is happy they didn't, she understands the PTSD and she is part of the treatment we work together for our future.

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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