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Advice Please.. Helping A Vet I Met Recently At Er

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c&p man

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I was trying to get some advice for a vet that i met at the ER....He got out in 96 and he was telling me that he was in a car acciednt and was having ptsd from this but he was ashamed to go to the theripist.... is this a stressor? has it been to long since he has never spoke about it? it in his smr 2 times about the car accident.... also he told me his mother died when he finshed basic training and that ever since he flet like he is helpless amd depressed since he couldnt be thier for her..he siad he was only 18 ... i told him that i would help him...any advice is ok i see him quite often as for some reason we always end up at the er at the same time... is this a ptsd and depression claim?

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here something you might wanted to read and consider when talking to him again...

Service connection is warranted if it is shown that a Veteran

has a disability resulting from an injury incurred or a

disease contracted in active service, or for aggravation of a

preexisting injury or disease in active military service. 38

U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303. Service

connection may also be granted for any disease diagnosed

after discharge when all of the evidence establishes that the

disease was incurred in service. 38 C.F.R. § 3.303(d).

Service connection for PTSD requires medical evidence

diagnosing the condition in accordance with 38 C.F.R. §

4.125(a); a link, established by medical evidence, between

current symptoms and the claimed inservice stressor; and

credible evidence that the claimed inservice stressor

actually occurred. 38 C.F.R. § 3.304(f); Cohen v. Brown, 10

Vet. App. 128 (1997).

VA is required to evaluate the supporting evidence in light

of the places, types, and circumstances of service, as

evidenced by service records, the official history of each

organization in which the Veteran served, the Veteran's

military records, and all pertinent medical and lay evidence.

38 U.S.C.A. § 1154(a).

VA records in the Veteran's claims file contain a diagnosis

of PTSD. The Board notes, however, that a diagnosis of PTSD,

related to service, based on an examination which relied upon

an unverified history, is inadequate. West v. Brown, 7 Vet.

App. 70, 77 (1994). It must therefore be determined whether

there exists a stressor which has been verified from official

sources or if there is credible supporting evidence from

another source that a stressor claimed by the Veteran

occurred.

The Board observes that if a claimed stressor relates to

combat, service department evidence that the Veteran engaged

in combat, or received certain personal awards normally

associated with combat, will be accepted (in the absence of

evidence to the contrary) as conclusive evidence of the

claimed in-service stressor. 38 C.F.R. § 3.304(f). If,

however, the VA determines that the Veteran did not engage in

combat with the enemy, the Veteran's lay testimony, by

itself, is not sufficient to establish the occurrence of the

alleged stressor. Instead, the record must contain credible

supporting evidence which corroborates the Veteran's

testimony or statements. 38 C.F.R. § 3.304(f); Cohen, supra.

thanks rgero311975, i read that and it seems like he is going to have a long road even though he has a service stressor in his smr's, but wiht the recent ptsd diagnoses from non service connected issue that he will have to seperate the two and since its been 12 years from him being out of servcie he needs alot of eeidnce and nexus imo right?

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  • HadIt.com Elder

C & P Man:

Any Veteran who makes a PTSD claim against the VA usually has a long and hard role. Having a proven stressor in his SMR's and some damn good medical opinions may help him. Hopefully he is a combat vet that would allow him to use his narrative of what happened in service. By the way if the Veteran can prove he had PTSD in the service and has a diagnoses for it than he will have a much easier road as VA accepts a military diagnosis as direct service connection.

Please get help for this guy he needs help. Even a Service Officer can help him get the claim started. Tell him to come to Hadit we can help him also

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  • HadIt.com Elder

What in particular was stressful about the auto accident? did he witness dead bodies? Also what was the cause of the accident? If he was drunk- then its a major strike against him (i am not saying he was). With the death of his mother while he was in service, he would need to prove that the event was so significant that he sought treatment just for that, otherwise, it would just be part of a persons normal experience whether in service or not- meaning that he would have to prove multiple visits to a military DR to treat depression. If it was a one time treatment, then the VBA will consider it as a condition that was a one time occurrence and he got over it and contiued thru life (not saying he did). The proof will be in his SMR's and the accident report should he be able to get a copy of it.

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  • HadIt.com Elder

Pete is correct your friend needs to start seeing a mental health doctor for treatment and continuation of treatment, to even get a diagnosis PTSD. It can be either VA, private or both. If he doen't seek proffesional help, he may just be spinning his wheels. Hope this helps.

t&b

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What in particular was stressful about the auto accident? did he witness dead bodies? Also what was the cause of the accident? If he was drunk- then its a major strike against him (i am not saying he was). With the death of his mother while he was in service, he would need to prove that the event was so significant that he sought treatment just for that, otherwise, it would just be part of a persons normal experience whether in service or not- meaning that he would have to prove multiple visits to a military DR to treat depression. If it was a one time treatment, then the VBA will consider it as a condition that was a one time occurrence and he got over it and contiued thru life (not saying he did). The proof will be in his SMR's and the accident report should he be able to get a copy of it.

no he didint go to anyone about his mother..the car acciendet no one died he was in the passenger seat of a civialin auto car mobile.... he said that he has a flash back from it and it hard for him to be in a car if he isnt driving and etc...

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  • HadIt.com Elder
no he didint go to anyone about his mother..the car acciendet no one died he was in the passenger seat of a civialin auto car mobile.... he said that he has a flash back from it and it hard for him to be in a car if he isnt driving and etc...

To honest, I don't see a claim here. Not to say that he don't have issues or a condition, but there are serious problems with a claim should he be thinking of filing one. Like Pete said, I hope this vet focuses on getting treatment.

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