ptsd Ptsd Eval

[clw4514]

I've only recently within the last 7-8 months sought counseling with the VA. I was doing individual and just started group last week. the group leader said that i certainly have ptsd due to mst but she wants to eval me. i havent yet filed my scd claim for it bcuz i am still waiting on my records from st. louis. should i go ahead and do the eval with her? will it make the claim easier/quicker? or should i hold off till i file the claim?

thx,

christy

[carlie]

clw,

When were you discharged from active duty ?

It is not necessary at all to have a ton of evidence to present on the day

you file your claim. It's always good to have at least a Diagnosis in writing

when you first file,but not a muct have.

It is important to file your first, original claim for VA Disability,form 21-526

in full listing the specific conditions you and/or your doctors feel are related

to your active duty service.

Example:

1) PTSD

2) Hearing loss

3) Gerd

What ever applies to you, your service medical records (SMR's) and your medical conditions.

Unfortunately many vets file their original claim without even knowing what is in their

service medical records. If you do not yet have your SMR's get them.

But as you file your original claim think back to any and all injury, illness or disease's

you experienced while AD. If you have residual effects from any of those then you

should probably list them on your claim.

On your claim list the when and where's of the dates of treatments, as close as you can remember. After filing your original claim continue to get all of your medical evidence in order.

Stay around - ask questions, study the Hadit homepage - tons of info there.

http://www.hadit.com/

Tips on filing your first claim - do's and dont's, etc...

http://www.hadit.com/apply_for_va_benefits.html

Many vets that are approved right out of the box - happened to have great evidence

from the get-go, to include AD documentation.

You will find Vets here that have been fighting for their benefits 20-30 years.

Without AD evidence of MST,PTSD from it can be a very difficult claim.

I have no idea yet if this applies to you.

Always be prepared for a fight,

in that respect, it is likely VA will not let you down.

Be prepared that even if doc's state and put in writing

that in their medical opinion you have PTSD from MST,

VA will still require evidence that the MST occured.

This evidence can be in a few different forms.

Hang on for the ride, and we are here to help all we can.

jmho,

carlie

[carlie]

I typically suggest people file right away but if that doesn't work for you for a really good reason, make an "informal" claim. Call the VA 800 number and ask about eligibility for disability benefits. Call from your cellular phone. Keep a record of the call. Make it a lengthy call. Mention disability benefits to your primary care physician and try to get it into the treatment notes. If VA doesn't act on your informal claim and help you to perfect it, you can turn to it later to argue that you are eligible for benefits back to the date of making the informal claim.

Andrew,

Making this phone call won't cut it as an informal claim, point of contact won't

do it as an intent to apply ........

VA has no DTA a claimant in perfecting an informal claim to make the claim

eligible as a formal claim. In my opinion this is a totally incorrect and very

mis-leading statement.

Iif you know of any regulation to support the statement, please post it.

There is an PRECOPGC that addresses the telephone contact issue as an intent to apply

and the GC shot down a phone call as intent to apply, I don't have it handy, maybe

someone will research it and post the link.

There has to be something in writing expressing an intent and requesting the benefit sought.

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.155 Informal claims.

(a) Any communication or action, indicating an intent to apply for

one or more benefits under the laws administered by the Department of

Veterans Affairs, from a claimant, his or her duly authorized

representative, a Member of Congress, or some person acting as next

friend of a claimant who is not sui juris may be considered an informal

claim. Such informal claim must identify the benefit sought. Upon

receipt of an informal claim, if a formal claim has not been filed, an

application form will be forwarded to the claimant for execution. If

received within 1 year from the date it was sent to the claimant, it

will be considered filed as of the date of receipt of the informal

claim.

(b) A communication received from a service organization, an

attorney, or agent may not be accepted as an informal claim if a power

of attorney was not executed at the time the communication was written.

© When a claim has been filed which meets the requirements of

Sec. 3.151 or Sec. 3.152, an informal request for increase or

reopening will be accepted as a claim.

Cross References: State Department as agent of VA. See Sec. 3.108.

Report of examination or hospitalization--as claim for increase or to

reopen. See Sec. 3.157.

[26 FR 1570, Feb. 24, 1961, as amended at 52 FR 27340, July 21, 1987]

[Pete53]

Even an informal claim and it should be in writing only starts the clock ticking again. If you notify the VA that you intend to file a claim at a later date you have to follow up within 1 year.

Since it takes the VA a year to make a derision on a claim I do not see much good in delaying.

[clw4514]

clw,

When were you discharged from active duty ?

It is not necessary at all to have a ton of evidence to present on the day

you file your claim. It's always good to have at least a Diagnosis in writing

when you first file,but not a muct have.

It is important to file your first, original claim for VA Disability,form 21-526

in full listing the specific conditions you and/or your doctors feel are related

to your active duty service.

Example:

1) PTSD

2) Hearing loss

3) Gerd

What ever applies to you, your service medical records (SMR's) and your medical conditions.

Unfortunately many vets file their original claim without even knowing what is in their

service medical records. If you do not yet have your SMR's get them.

But as you file your original claim think back to any and all injury, illness or disease's

you experienced while AD. If you have residual effects from any of those then you

should probably list them on your claim.

On your claim list the when and where's of the dates of treatments, as close as you can remember. After filing your original claim continue to get all of your medical evidence in order.

Stay around - ask questions, study the Hadit homepage - tons of info there.

http://www.hadit.com/

Tips on filing your first claim - do's and dont's, etc...

http://www.hadit.com/apply_for_va_benefits.html

Many vets that are approved right out of the box - happened to have great evidence

from the get-go, to include AD documentation.

You will find Vets here that have been fighting for their benefits 20-30 years.

Without AD evidence of MST,PTSD from it can be a very difficult claim.

I have no idea yet if this applies to you.

Always be prepared for a fight,

in that respect, it is likely VA will not let you down.

Be prepared that even if doc's state and put in writing

that in their medical opinion you have PTSD from MST,

VA will still require evidence that the MST occured.

This evidence can be in a few different forms.

Hang on for the ride, and we are here to help all we can.

jmho,

carlie

carlie

I have been out for 19 yrs this yr. i actually reported the MST to AFOSI but of course, i was drinking and it was "unfounded." so i am not sure how that will go in my favor.

thx for the advice!

[carlie]

http://ecfr.gpoaccess.gov/cgi/t/text/text-....68&idno=38

§ 3.159 Department of Veterans Affairs assistance in developing claims.

(a) Definitions. For purposes of this section, the following definitions apply:

(1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

(3) Substantially complete application means

an application containing the claimant's name;

his or her relationship to the veteran, if applicable;

sufficient service information for VA to verify the claimed service, if applicable;

the benefit claimed and any medical condition(s) on which it is based;

the claimant's signature;

and in claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income.

etc.....

[clw4514]

Well, just had apparently part 1 of this eval today. I had no idea it would a 2 parter. joy! I guess I am still confused on what the purpose of this really is. She asked me if I had my military records and DD 214 with me. I was never told to bring it so why would I just happen to have them?? She is being extremely detailed in this eval, too. I know it is important but I thought that is what happens in my C&P when I file my claim.

I am really confused....it seems like the more I go to therapy (individual and group), the more disoriented and confused I get. Not to mention the anger. I briefed my 10 yr old daughter like I was a DI and she was in boot camp. It scared me and her! I just want my mind back!