ptsd A Friend Of Mine

[mcso111]

I have a friend of mine who filed for several things , including PTSD,Ankle injury recieved during the Desert Storm, Bi lateral hearing loss w/ constant headaches, just to name a few, My question is he got his decision back and they denied everything b ut tinnitis for which he recieved 10% and that isnt a claim he filed for. Also he looked over his rating decision and noticed that not even a 1/4 or his statements from buddies or DO's or any medical evidence was as it appears even a part of his decision. anyone with help to tell him I would appreciate it.

[mcso111]

Yeah thats what I thought when I heard that the VSO had contacts, if he had contacts then why would this be messed up like it is. I will have him look at his ruling again and see what evidence they admit having and what he states he gave them and make sure he gets a copy of his "c" file so he knows exactly what the are looking at. He just recieved his ruling this month so he still has some time to gather info and submit it for his NOD. thanks

[Hoppy]

mcso111,

They did not address the PTSD because they did not establish the stressor related to service. When they write denials they use language that will confuse you rather then help you win your claim.

They probably did not and will not schedule a C&P for PTSD until after the combat stressor is esrablished. I have read many BVA decisions whereby they do not even access the PTSD diagnosis until the stressor is established. They do not give weight to private doctors diagnoses until after the stressor is established.

Establishing the stressor is the key. If he does not have a Purple Heart or CIB, or combat MOS he will need to establish through the JSRCC that he was in combat. Read up on how the JSRCC works.

There are ways to win this type of claim by showing that his unit came under fire. There are cases posted on here that go into detail. I will try to find them and post them later.

[Hoppy]

Below is three paragraphs from cases wherby stressors were established after a denial. The first case is from the docket shown. The third paragraph is from a case that shows some of the logic used by the BVA.

DOCKET NO. 04-37 979

Most significantly, a search performed by the Department of the

Army Center for Unit Records Research (CURR)(now the U.S.

Army and Joint Services Records Research Center or JSRRC)

explained that while it was unable to obtain the combat unit

records for the veteran's specific battalion, other combat

unit records submitted by units deployed to Somalia during

that period mentioned attacks against convoys, base camps

receiving fire, and local nationals attempting to break into

bases to steal food and equipment.

Therefore, although the veteran's military occupational

specialty was that of unit supply specialist, and he is not

the recipient of any awards or decorations that are

conclusive proof of combat service, the Board finds the

record is at an approximate balance as to whether the veteran

service in combat.

"Credible supporting evidence" does not mean that

the veteran must definitively establish his personal

engagement in combat. Suozzi v. Brown, 10 Vet. App. 307, 311

(1997) (requiring corroboration of every detail, including

the veteran's personal participation, VA defined

"corroboration" too narrowly). Rather, the veteran's

presence with his unit at a time when his unit is attacked

tends to show that that the veteran experienced such attack

personally, without specifically showing his personal

participation. See Id.; see also Pentecost v. Principi, 16

Vet. App. 124 (2002).

Edited September 29, 2008 by Hoppy