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OIF 03

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I made a post in sucess stories, (3)which was a mistake because I only meant to post once, anyway another member suggested that I post here to get a better response from some of you elders out there. I was denied all three of my claims today and I am devastated. PTSD, Back, and Tinitus. I am a Iraq vet that was in Baghdad from 03 to 04 when all the poop was starting to hit the fan. I have obviously learned from this site that my first recourse is NOD which I will file tommorow. The specifics of my claim are on the success stories site but I will write them hear so I can reach as many people as possible. My PTSD was denied for these reasons

1. I failed to check off the box that said that I had physcological problems when we first came back.

2. I was previously treated for depression prior to ever going over to Iraq

3. My accounts of my combat were vague according to them and they can't be substantiated

4. I never received any combat action badges thus I was never in combat.

The ironic part is that some of the same soldiers that were next to me when the bullets were flying have been compensated, and the VA doctor that examined me diagnosed me with PTSD along with a private doctor that I have been seeing on and off since my return!!! I am very confused and hurt by there decision because it makes what I went through come into question and I can't have that. Any help in how I should attack my appeal would be greatly appreciated. OIF 03

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  • HadIt.com Elder

I had a VA psychiatrist try and guide me towards a PTSD claim when I had ample records of in-service depression. I did not need to prove a PTSD claim even though I was a Vietnam vet. As Pete says you don't want to try and go down a road that you don't have to travel to get service connected. The VA is overly concerned with the PTSD diagnosis now since they are getting so much heat, but that is only one diangosis of many that a vet can have while in service or soon after. If it was ten years after discharge and you had nothing in your records about a mental disorder then PTSD is probably the only way to go, but this is not the case in your situation.

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I had a VA psychiatrist try and guide me towards a PTSD claim when I had ample records of in-service depression. I did not need to prove a PTSD claim even though I was a Vietnam vet. As Pete says you don't want to try and go down a road that you don't have to travel to get service connected. The VA is overly concerned with the PTSD diagnosis now since they are getting so much heat, but that is only one diangosis of many that a vet can have while in service or soon after. If it was ten years after discharge and you had nothing in your records about a mental disorder then PTSD is probably the only way to go, but this is not the case in your situation.

John,

I meet with my VA rep tommorow morning to go over a plan of attack. I hear what you are saying about the depression already being established before the deployment, I was gearing up to just show them that I was actually in combat, but instead of proving that and the PTSD we could think about going your route. It all comes down to tommorow and what my VA rep has in store, if I don't like how he wants to attack this thing I will hire a VA attorney.

OIF 03

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Since the VA does not consider you a combat Vet it makes getting PTSD even harder. Your recourse is to find a specific stressor that can be documented by the VA. In pother words if there is no offical report with your name that points to a stressor or something that is verifiable that it happened to you its unlikely the VA will grant PTSD as Service Connected.

Since the VA has admitted that you had depression before you went to Iraq you are actually in like Flynn. All you need to do is to get a Doc to link that Depression aggravated by your service in Iraq and a current diagnosis of depression and they have to give it to you.

I am not trying to tell you what to do all I want is for you to consider it and than make your decision.

Pete,

Can this be done by filing a reconsideration? or does it have to be done by filing a NOD? I am meeting with my VA rep tommorow and I will see what he says about using depression because it is already established although establishing that I was indeed a combat Vet would be easy for me due to the evidence that I have compiled maybe your way would be easier.

Thanks,

OIF -03

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Berta and others

I approached the VA psychiatrists with the possibility that I had two concurrent conditions. I had an anxiety disorder that pre-dated service and PTSD due to a life threatening aggravated assault that occurred while I was sleeping in a barracks. I asked them in either diagnostic category the fact that what ever condition I had can it be ruled out that my condition was not aggravated by events in the military.

Since I was discharged for a bogus diagnosis of PD and had three very detailed consults with psychiatrists and several other notations in my SMR by dispensary doctors of anxiety and sleep disruption that occurred ongoing for a year the doctors were of the opinion after review of my military medical records and personnel file that I met the DSM requirements for both conditions while serving in the armed forces. Additionally, they were of the opinion that my experiences in the military including the assault and breathing difficulty caused by the angioedema clearly aggravated any pre service anxiety disorder.

My claim is much different than OIf's. The RO is claiming that he finished his active duty with no noted claim of psychiatric symptoms and had no treatment records for a psychiatric condition while in service. If this is true then all he has is pre-service and post service treatment. What evidence would the RO be able to use to establish in service aggravation? They have already thrown out post service reports that were based on subjective recollections of in-service occurrences. There is a potential for personnel file indications of poor performance and other notations. What does the personnel file say?

I definitely would not throw out the PTSD option in his case. Both angels can be worked at the same time.

While my personnel files are impeccable, and it clearly states that I was indeed a combat squad leader by my reviews that I have copies of, I see what you are saying about my post service records being thrown out for lack of evidence that they did occur. That is where I am very confused with. I have now complied extensive evidence of my history that would corrorborate my claim of PTSD but I am getting strong opinions on going the depression route because it was established before the deployment and after. I will see what my VA rep says tommorow morning and I will take it from there.

Thanks,

OIF 03

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OIF, I feel for you brother and hope you don't give up. I was with the 4th ID out of Tikrit back in 03-04 also. I am currently receiving a combined rating of 40% for my PTSD and back. Let me tell, it was not easy getting through the VA system but I never gave up. I did the whole claim process by myself and some remarks I've got was that they can't believe that I achieved it without any help. I was in transportation ( which in reality is one of the most dangerous jobs in Iraq ). The VA said I did not have a combat job but I argued that fact too, and I did not check in the box either. Who would when all you want to do is come home? Here are some of my steps that I've done -

1. Most important!!.. Get into the VA system and register as an OIF Vet. It is a hot topic and they have conselors such as program people and social workers to help you.

2. If PTSD, request to see a shrink within the VA and maintain that visit. I was lucky that my Doctor was one of the founding father of the PTSD program for the VA.

3. Keep on seeing your shrink regularly. Tell them about how you feel and what happened over there, focus on your worst days, don't chat.

4. If you have other issues, get medical treatment or a checkup for those too.

5. I focused on a couple of incidents, stressed on those incidents with the shrink, and provided evidence to support the claim. Examples that I've used were line of duty reports, buddy letters ( from your commander too ), news report of the incident ( my incident was recorded on paper by the Military Command on their website ), and most importantly, how your symptoms are effecting your life, and be honest.

6. Enlist the help of your local VSO, such as the VFW or American Legion, especially on your NOD letter. I have to admit, some might have more weight than others.

7. Focus on what type of person you were prior to your deployment and how you are now.

8. Enroll in the Gulf War Vet program and their registry. This might open up new testing and avenue for you to approach your claim. This program is for both conflicts.

Don't give up brother and best of luck!!

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One last note.. don't forget your " Combat Action Badge ", which was issued to all troops in that area. I disputed with the VA about me not being a combat veteran by mentioning this and the largest percentage of fatalities were in transportation or while out on the roadways. They need to realize that we are not fighting the Russians anymore. Due to the shortage of troops, many soldiers were and are performing combat duties regardless of your MOS.

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