Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery”instead of ‘I have a question.
Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
I don’t read all posts every login and will gravitate towards those I have more info on.
Use paragraphs instead of one massive, rambling introduction or story.
Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
Post straightforward questions and then post background information.
Question A. I was previously denied for apnea – Should I refile a claim?
Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
Question B. I may have PTSD- how can I be sure?
See how the details below give us a better understanding of what you’re claiming.
Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
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Most Common VA Disabilities Claimed for Compensation:
You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons …Continue reading
PTSD and logistics convoys:
According to an article published by the U.S. Army Logistics Management College, "all logistics convoys on Iraq’s nonlinear battlefield of necessity are combat patrols
by Dave Barker Dave.Barker@va.gov a VSO in OH
Some pointers for discussion. Remember this is not a medical advice thread.
In filing a claim for PTSD you need a diagnosis from competent medical authority. That would be a psychologist, or psychiatrist. Your diagnosis must be linked to your verifiable stressor. The stressor must be an active duty situation described as a traumatic event out of the normal realm of human emotion. If your stressor does not meet the criteria establish the claim will not be well grounded.
The Diagnostic Criteria set forth in the DSM IV is: The person has been exposed to a traumatic event in which both of the following were present: the person experienced, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others and the person's response involved intense fear, helplessness, or horror.
This to say is the bottom line required.
Legislation known as the Veterans Claims Assistance Act 2000 changed the well ground issue in the year 2000; however, we still need to properly present a claim. For service connected disability we need the following:
• a condition that manifested itself on active duty, or within the first year from separation
• the condition must currently exist and be diagnosed by competent medical authority
• a nexus, or link of the current condition and the condition from active duty.
What you need to do is to build support for your claim by never missing a doctors appointment. Always be on time and be extremely careful of what you say and/or don’t say. When you go to the doctor follow these simple rules: When you see a medical doctor or any nurse, you should respond to How are you today? by saying "my nightmares bother me, the flashbacks are nearly unbearable " then discuss what else bothers you.
This issue is first and foremost, then you can complain about other things that bother you. You always respond with your service connected issue first. Never say fine, never say OK.
In development VA will ask a veteran if they were treated on active duty. This is a suggested response to a VARO duty to assist (DTA) letter asking for treatment in service. “In regard to your DTA letter in regards to my service connected issue: PTSD. The VA treatment records will link my current condition to my service.
You ask for “proof of treatment in service of this condition.” That is not possible. First, the reason it is called post is due to the fact it appears later, or after the factual happening of the traumatic event. If it had appeared while I was in service it would have been acute, unless a long duration which would be in my service medical records in your possession. Second, PTSD was not recognized as a mental disorder, until DSM III was published in 1980. The condition was not recognized by the VA until a year later. This was after the information was released by the American Psychiatric Association and reviewed by the then Veterans Administration Administrator.
Today we find many current OEF and OIF veterans claims, show Failure in some VA offices. Recent reviews of claims files forwarded to the VSC Front Office for evaluation by the JSRRC Coordinator have exposed a trend, specifically a failure to comply with the procedures outlined in M21-1-1MR IV.ii.1.D.13j concerning the use of Military Occupational Specialty (MOS) as evidence for corroboration of a claimed in-service stressor.
According to an article published by the U.S. Army Logistics Management College, "all logistics convoys on Iraq’s nonlinear battlefield of necessity are combat patrols. CLPs (combat logistic patrols) are susceptible to attack by improvised explosive devices, small arms fire and complex ambushes every time they leave their operating bases."
Motor Transport Operator, Wheeled Vehicle Repair, Light Wheel Vehicle Mechanic, and Combat Engineer are all examples of MOS’s which we may expect to see listed on a DD214 or in a personnel file which would signify the claimant’s assignment to a logistics convoy.
As detailed in M21-1MR, Part IV, subpart ii, 1D. 13j, a veteran’s MOS as specified on his/her DD Form 214, or in the personnel folder, may be used as evidence that he or she engaged in combat or to otherwise corroborate a claimed in-service stressor. Therefore, consideration should be given to claims exhibiting the following characteristics:
Army or Marine Corps OEF/OIF veteran, whose DD214 or personnel file shows a logistics related MOS;
Veteran reports a specific combat-related stressor (including date/location) such as an attack by improvised explosive devices, small arms fire or ambush;
Personnel file confirms that he/she served in the immediate area and at the particular time in which the stressful event is alleged to have occurred.
If the three requirements outlined above are met, the veteran’s reported combat-related stressor(s) may be conceded and a VA examination may be ordered if a diagnosis of Post-Traumatic Stress Disorder (PTSD) has also been provided.
In absence of concise information concerning the veteran’s reported combat-related stressor (ex: missing date/location, or his/her personnel file does not confirm that he/she served in the immediate area and at the particular time in which the combat event is alleged to have occurred), development should continue.
Please note that in all cases requiring stressor verification, the VSR/RVSR should carefully and thoroughly follow the established procedures for researching PTSD Stressors
Ultimately, if all established procedures have been followed and efforts to verify the claimed stressor prove futile, the case should be forwarded for review by the JSRRC Coordinator.
Resources for Research of Posttraumatic Stress Disorder (PTSD) Stressors
38 C.F.R. 3.102
38 C.F.R. 4.3
38 U.S.C. 1154(b)
M21-1MR, Part IV, Subpart II, 1.D.13.j
“1st Infantry Division Movement Control Operations in Iraq” by Capt. Henry C. Brown (www.almc.army.mil)
Suozzi v. Brown, 10 Vet.App. 307 (1997)
Pentecost v. Principi, CAVC, No. 00-2083 (05/24/02)
Moran v. Principi, CAVC, No. 99-754 (06/20/03)
Sizemore v. Principi, No. CAVC, No. 02-1012, (09/03/2004)
"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
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allan 1 post
Jun 5 2009
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