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Another Ssoc And Denialand Now Travel Board Hearing

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mrsvet28

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B) Hi everyone,

ANOTHER letter of rubberball---Just received another SSOC with denials and a scheduled TRAVEL BOARD HEARING which we have waited since 04' (for a DRO hearing and after going to Congressional they requested this)Questions for you all, get ready to read and I'll try my best to go in order:

On 6/24/05 the Statement of case reads" Evidence from Professor M and Dr. C

shows you have been diagnosed with post traumatic stress disorder. However you have not provided a verifiable stressfful incident. In absence of a verifiable stressor service connection for ptsd continues to be denied."

LETTER FROM VA MAY 07/ YOUR STRESSORS HAVE BEEN VERIFIED AND A CP EXAM SCHEDULED

(Professor M's credentials:M.D. Professor Integrative Medicine, Chairman Dept. of Behavioral Medicine, Capital University of Integrative Medicine Wash. D.C.)AUTHOR OF TEXTBOOK ON PTSD books he's written / Dr. C.says MD ,works for SS/DISABILITY

VA CLINICAL PSYCHOLOGIST IN 10/ 2000 STATES:

"REPORTS auditory hallucinations of people laughing at me " insomnia with dreams of Nam too" sporadic employment, paranoia re government, poor eye contact, irritability, no marked anxiety or depression,though complaintive, narcissism, intent to focus problems on Vietnam experience , no marked orientation or cognitive difficulty. good judgement reasoing and logic, A/ R/o PTST: R/O personality disorder-- return in 2 wekks for psychological testing-

VA PSYCHOLOGIST 2 WEEKS LATER IN 03-

55 min psychlogical testing for nsc condition . profile lacks sufficient validity for conclusive interpretation due to overreport of symptoms. Anger and paranoid trends are present,as elaveted mental level energy, and social introversion/alienation in pattern of active substance abuse or avoidant personality features. A/ Audjustment disorder with mixed effect R/O PTSD return in one month for review of test results.

Here is Professor M's diagnoses: in 2003

AXIS 1 --EXTREME AND TOTALLY DEBILITATING POST-STRESS DISORDER WITH DEPRESSION. CODE 309.81

AXIS 2-- NO DIAGNOSES

AXIS 3-- 1. HYPERTENSION 2. BI-LATERAL KNEE PAIN AND LUMBER PAIN CAUSED BY BEING BLOWN OUT OF HIS TRUCK 3. HEARING LOSS, LEFT EAR THOUGHT TO BE RELATED TO FIRING GUNS AND ALSO MORTAR ROUNDS THAT LANDED CLOSELY

4. NUMEROUS LIPOMAS , PROBABLY RELATED TO AGENT ORANGE, BLADDER STONES WITH THREE OPERATIONS PROBABLY RELATED TO AGENT ORANGE.

AXIS 4-- EXTREME STRESS RELATED TO NOT BEING ABLE TO TOLERATE PEOPLE AND RELATED TO FINANCIAL DIFFICULTIES SINCE HE HAS BEEN UNABLE TO WORK

AXIS 5-UNABLE TO FUNCTION IN WORK CAPACITY FOR MORE THAN ONE OR TWO WEKKS AT A TIME SINCE HIS EXPERIENCES IN VIETNAM. THE GAF RATING AT THIS TIME WOULD BE ABOUT 25 AND THE BEST IT HAS BEEN OVER THE LAST YEAR IS 35.

SS DR. C. diagnosis: IN 2004

AXIS 1--PSYCHOTIC DISORDER, NOT OTHERWISE SPECIFIED-- RULE OUT MAJOR DEPRESSIVE DISORDER WITH PSYCHOTIC FEATURES. PTSD. ALCOHOL DEPENDENCE.

CANNABINOID ABUSE.

AXIS2--DEFERRED

AXIS 3--HYPERTENSION, CHRONIC KNEE PAIN, LIPOMAS, AND PROSTATIC HYPERTROPHY

AXIS 4--UNEMPLOYMENT

AXIS 5-- GAF = 40

2004 va depression screening score is 4 --psychology notified by phone

2005 va ptsd screening positive 3

2006 va ptsd screening positive

VA C AND P EXAM 2007

Psy.D. CREDENTIALS LISTED FOR EXAMINER---

DIAGNOSES: AXIS 1 -- MOOD DISORDER/ NOS ALCOHOL DEPENDENCE

AXIS 2 --DEFERRED AXIS 3 --NOT EVALUATED AT THIS EXAM

AXIS 4--N/A AXIS 5-- GAF= 60

SUMMARY:" THE VETERANS PSYCHOSOCIAL ADJUSTMENT SINCE LEAVING THE MILITARY IS POOR TO FAIR. IT IS UNCLEAR AS TO THE EXTENT TO WHICH THE VETERANS ALCOHOL USE (LIKELY DEPENDENCE) AND HISTORY OF SUBSTANCE ABUSE MAY FIT INTO THIS. ALTHOUGH THE VETERAN DOES ENDORSE A PARTIAL SYMPTOM PROFILE OF PTSD, IT IS FINDING OF THIS WRITERTHAT THE VETERAN DOES NOT MEET FULL CRITERIA FOR A DIAGNOSIS OF PTSD- AS HE DOES NOT MEET FACTOR C. HE DOES APPEAR TO HAVE MOOD DISTURBANCE WITH THE FORM OF DEPRESSIVE AND ANIEXTY SYMPTOMS. INSUFFICIENT INFORMATION IS AVAILABLE AT THIS TIME OF EVALUATION TO PARCEL HOW MUCH OF HIS IMPAIRED PSYCHOSOCIAL FUNCTIONING IS RELATED TO ALCOHOL DEPENDENCE VERSUS MOOD PROBLEMS. CERTAINLY, HIS ALCOHOL DEPENDENCE COULD BE A SIGNIFICANT CONTRIBUTOR TO HIS SLEEP PROBLEMS , ANXIETY SYMPTOMS AND DEPRESSIVE SYMPTOMS. HE IS NOT CURRENTLY RECEIVING MENTAL HEALTH TREATMENT AND APPEARS TO BE REFUSING SUCH TREATMENT. IT WOULD BE IMPORTANT FOR HIM TO ENGAGE IN TREATMENT TO OBTAIN SYMPTOM RELIEF AS HIS SYMPTOMS ARE CURRENTLY NOT ADEQUATELY TREATED AT THIS TIME."

ASSESSMENT OF PTSD:

The following is found:

The veteran did feel when confronted by combat zone experiences such as witnessing a Vietcong soldier being dragged around and riding in a bus with wire around the windows, to stop incoming grenades as well as rocket and mortar attacks on his compound that he actually might die and appparently he felt unsafe. of course his exposure to traumatic stressor criteria for Factor A would appear to be limited to routine combat zone stressors. The death of his friend he claims to be a stressor event, although he provided verifiable evidence of his friends death , he didn't witness it or experience the aftermath of it directly. Although clearly a loss for the Veteran,would not appear to meet Factor A as a stressor event.

In Factor B, he reports intrusive thoughts about bodies being dragged and the death of his friend. He reports a history of distressing dreams with combat related themes. He would meet criteria for Factor B.

Factor C, he relates he is anxious. HEclaims to avoid conversation about VietNam ,although he was inconsistent in his report of avoidance symptoms throughout the interview. It is not clear whether or not he has felt estranged from others or has experienced emotional numbing. He reports he has been able to achieve a close emotional bond with his wife and children,and he has a successful marriage of 28 years.

it appears he doesn't meet factor C.

He does meet Factor D with history of sleep disturbance ,trouble concentrating and hyperviligance.

The veteran in this writers opinion does not meet the critieria for a diagnoses of PTSD because he does not meet critieria for Factor C.

The result of the PCLM- raw score of 68 with overreport of symptoms and should be cautiously interpreted. He reported he has tender loving feelings for his wife and kids during the interview, but on the PCLM rated inability to have tender feelings to those close to him as a significant problem.

BECAUSE WE ARE MARRIED YEARS THAT IS AN ISSUE FOR RATERS? HOW DO THEY KNOW HOW IT HAS BEEN? WE'VE BEEN HOMELESS TWICE --WASN'T EASY AT ALL-

NOW THE NEW SSOC STATES:01/08

THE EVIDENCE DOES NOT SHOW A CONFIRMED DIAGNOSIS OF PTSD, WHICH WOULD PERMIT FINDING OF SERVICE-CONNECTION .

ALTHOUGH YOUR STRESSOR INFORMATION REGARDING ROCKET AND MORTAR ATTACKS ON DANANG FROM APR-OCT 68' WERE VERIFIED YOU DO NOT HAVE A CONFIRMED DIAGNOSIS OF PTSD. TE EVIDENCE SHOWS YOU HAVE VARIOUS PSYCHIATRIC DIAGNOSES. VA EXAMINER REVIEWED YOUR CLAIMS FOLDER TO INCLUDE MEDICAL STATEMENTS FROM PROF.M AND DR. C. AND VA PROGRESS NOTES. YOU NEVER WITNESSED THE DEATH OF YOUR MFRIEND IN THE VERIFIABLE STRESSOR.THE EXAMINERS DIAGNOSTIC IMPRESSION WAS YOUR SYMPTOMS DO NOT MEET CRITIERIA FOR A DIAGNOSIS OF PTSD. THE EXAMINERS DIAGNOSIS WAS MOOD DISORDER NOT OTHERWISE SPECIFIED. BASED OF EVIDENCE OF RECORD SERVICE-CONNECTION IS DENIED. YOU DO NOT HAVE SERVICE CONNECTED DISABILITES ,THEREFORE INDIVIDUAL UNEMPLOYABILITY IS DENIED.

so as i see it , first he had a diagnosis in the statement of case , but not a verifiable stressor, and now he has a verifiable stressor but no PTSD???? B)

so now they didnt even mention his buddy statement of who also witnessed rocket and mortar attacks with him.

WE HAVE HIRED A LAWYER TO GO TO THE TRAVEL BOARD HEARING. :) THISHAS AS BEEN GOING ON SINCE 98' DID I MENTION IS IS ON DISABILITY FOR PTSD FROM SS AND A NSC PENSION BECAUSE HE CAN'T WORK?

ALL REPLIES WELCOME/ HELP I AM SURROUNDED WITH 10 YEARS OF VA PAPERS!!!!!SINCERELY MRS VET

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  • HadIt.com Elder

Sorry but your claim demonstrates how hard getting a PTSD claim approved by VA really is. All I can say is that you are on the right path your IMO is a good one. Keep working and polishing and since the VARO admitted that a stressor was verified I would really go after them on that.

Hopefully you will get some fresh ammunition from our Hadit Members I just wanted to be first to say don't give up and thanks for helping your Veteran with this I am pretty sure he needed your support.

Pete

Veterans deserve real choice for their health care.

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iDon’t know if anything I will say will help you... I am 70% PTSD IU and PT and in regards to my life ... I have been married 4 times... I have two children and I try hard to be a parent to them but have to watch so called happy families to show me what to do... I tend to spend lots of time alone and really like it... i will go to a movie i have already seen just to be alone ... i have no friends only casual aquaintances ..I don’t go to cemetery’s for anyone for any reason... i think everyone will die some day its only a matter of time...my anger goes 0 to 1000 in a flash... when i am in a bad mood i lock myself in my room... i have lock on my bedroom to keep me in at night so i dont accidently run into a family memeber roaming around in the dark.. I am easy to get road rage... I sometimes forget what year it is especially when I wake up. I secretly am not sure I know what love really is... Sometimes I dream someone I know is killed and I get pay back slowly... hope this helps this is just me and we are all prisoners in our own minds...

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OUTRAGEOUS!

Is the VA fully aware of his SSA award for PTSD and is it solely PTSD-

I bet they never got the SSA records or failed to consider them (been thru that routine myself)

A SSA or SSi award is actually an independent medical opinion that the VA MUST consider per all established VA case law and regs-

does he have a good NSO or rep to fight this- it is just awful and proof of how screwed up the VA actually is-

and capricious and arbitrary-

changing documented things on their whim -

BUT this is a critical statement:

"HE IS NOT CURRENTLY RECEIVING MENTAL HEALTH TREATMENT AND APPEARS TO BE REFUSING SUCH TREATMENT. IT WOULD BE IMPORTANT FOR HIM TO ENGAGE IN TREATMENT TO OBTAIN SYMPTOM RELIEF AS HIS SYMPTOMS ARE CURRENTLY NOT ADEQUATELY TREATED AT THIS TIME"

The VA wants current diagnosis and current treatment records-

this will not help him with even the verified strssors and PTSD diagnosis-

I am assuming the SSI award is not regarding alcoholism at all-just PTSD -

"LIPOMAS, AND PROSTATIC HYPERTROPHY"

if he has any of the AO presumptives he should definitely claims claim on them-

I see alcohol and cannabis usage-the VA excells in programs to help veterans overcome these problems-

I do think the decision is incorrect from the VA but also I think this veterans needs care he is not getting.And that in the long run can hinder his claim.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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OUTRAGEOUS!

Is the VA fully aware of his SSA award for PTSD and is it solely PTSD-

I bet they never got the SSA records or failed to consider them (been thru that routine myself)

A SSA or SSi award is actually an independent medical opinion that the VA MUST consider per all established VA case law and regs-

does he have a good NSO or rep to fight this- it is just awful and proof of how screwed up the VA actually is-

and capricious and arbitrary-

changing documented things on their whim -

BUT this is a critical statement:

"HE IS NOT CURRENTLY RECEIVING MENTAL HEALTH TREATMENT AND APPEARS TO BE REFUSING SUCH TREATMENT. IT WOULD BE IMPORTANT FOR HIM TO ENGAGE IN TREATMENT TO OBTAIN SYMPTOM RELIEF AS HIS SYMPTOMS ARE CURRENTLY NOT ADEQUATELY TREATED AT THIS TIME"

The VA wants current diagnosis and current treatment records-

this will not help him with even the verified strssors and PTSD diagnosis-

I am assuming the SSI award is not regarding alcoholism at all-just PTSD -

"LIPOMAS, AND PROSTATIC HYPERTROPHY"

if he has any of the AO presumptives he should definitely claims claim on them-

I see alcohol and cannabis usage-the VA excells in programs to help veterans overcome these problems-

I do think the decision is incorrect from the VA but also I think this veterans needs care he is not getting.And that in the long run can hinder his claim.

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They have his SS recordsfor quite sometime- and he did receive psch.counseling at the VA here- I have all the psych. reports- one doc. prescribed him some meds w/out even questioning him/ he is taking so many pills for his bladder and prostate / he got bad effects from one, sertaline it was or something close to that- it is in his reports- how can they say the VA admits you have a postive diagnosis of PTSD, and now they say he doesn't- ?? The VA verified the stressor- but emphasize he wasn't at the death of one of his buddies-but yet 309.81 in the DSM_IV_TR" the essential feature of PTSD is developement of characteristic symptoms following exposure to an extreme traumatic stressor involving direct personal experience of an event that involves actual or threatened death or seroius injury, or threat to ones physical integrity: or witnessing an event that involves death, injury or threat to the physical integrity of another person, or learning about unexpected or violent death, serious harm , or threat of death or injury experience by family member or other close associate"

Also my congressmans aide said the VA won't treat them unless they are SC here in the state of PA. ??? <_< Is the Travel board hearing duty to assist??Thanks for your info.

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