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Va Requirements For Sc Disability

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AF-1963

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Hello fellow Veterans. I am a newbie so this is my first post. I'm kinda nervous so please forgive any mistakes.

I was in the Air Force from Jul 63 to Jul 67 and have a couple questions for the VA experts.

First though I would like to commend the members of Hadit for your tremendously valuable service to veterans.

Here's a little background on me. I was severely abused psychologically and physically by a mean sadistic alcoholic father. Strangely, he was more sadistic when sober than drunk. I grew up on a farm in Nebraska and went to a High School that was 27 miles from home. Two weeks after I started High School he killed my mother with a shotgun, which was one month after I turned 14. The shooting was ruled accidental so there was no trial. I was at the High School campus when she died, but I am certain he intentionally shot her.

I joined the Air Force to get away from him and make something of myself. I planned to get my degree through correspondence courses and night school. I even thought about going to OCS. Unfortunately, my TI in Basic Training at Lackland AFB was a mean sadistic alcoholic. Many times when I or other members of our flight did something wrong, his punishment would be a judo punch to lower back muscles, kick the side of the knee, or slap the side of the head. This was done while marching to "help us remember our right from our left". Other times it was because we simply did or said something that pissed him off.

When I joined the Air Force I had no anxiety, fears or panic attacks. However, when I left Basic Training I was overwhelmed with anxiety, experienced anticipatory panic attacks, and had unfounded fears (criticism, failure, rejection) and was extremely terrified of any authority figure. During my four years in the service I saw psychiatrists for anxiety and unfounded fears, which is in my military medical records. I began self-medicating myself with beer, which led to 20 years of alcoholism and addiction to elavil. Thanks to my Lord and Savior, I have been mostly clean and dry since 1983.

Next month I will be 64 years old and I still have all the above symptoms plus severe bouts of depression. In August of 2001, I was laid off from my 14th job since leaving the Air Force in July of 1967. The official reason for my lay off was that the company was eliminating my job, which was providing technical and programming support to a $600 million annual account. Two weeks later they had another programmer at my desk servicing the same account. I had been on probation for almost 90 days, which was the real reason for my layoff. I was almost 56 so they were probably concerned about age discrimination.

The reason they put me on probation was because I was in a position where I had constant anticipatory panic attacks about failing and then having to explain why I failed to my manager. I usually managed to leave the other 13 jobs before they laid me off, but not this time.

After 9/11 the job market went in the toilet. I was receiving Unemployment Insurance, but my young Filipina wife was really on my case about being unable to find a job. In June of 2002, upon my psychiatrist's advice, I applied for Social Security Disability. On July 4, 2002, I had a nervous breakdown from having to remember everything and write it down. I was admitted to a psych ward for 6 days until my feelings were stabilized. The Dr. put me on some strong medication and I was able to submit the application. I was awarded SSA disability on the very first application.

Did I say a little background? Sorry for the rambling, but you may need this information to answer my questions.

In 1995 or 1996 (I'm trying to get my medical records for that period) I was going to a psychiatrist who was treating Viet Nam Veterans for PTSD. After hearing my story he diagnosed me as a severe case of Childhood PTSD. He deduced that my fear of authority figures came from the fact that the TI was able to physically punish me with impunity. He told me that I left Basic Training with the knowledge firmly embedded in my subconscious that anyone with authority would hurt me.

I was going to the psychiatrist while on medical leave from one of my jobs due to stress and anxiety. The Medical Insurance through my employer only covered 20 mental health visits and 30 days of out patient Group Therapy. I began seeing a psychiatrist at Hines VA Hospital in Chicago, Illinois, where I had to pay $50 a visit. Upon his advice, I applied only for VA Medical Benefits. The VA refused to give me Medical Benefits on the grounds that my disability was not service connected and my family income was above the Means Threshold for Cook County, Illinois.

OK, finally, here are my questions.

  • In what year did the VA include the verbiage that is similar to "or if preexisting was aggravated by the service" in the requirements for VA Compensation before they would determine if it was a preexisting disability that qualified for service connection?
    • In case the above clause was included before 1995, did the VA have a responsibility at that time to help me and advise me in acquiring service connection for my claim?

    [*]Could the VA simply wash their hands of me back then because that was pre-VCAA?

    Last year I learned from a friend of mine who is a 21-year Navy retiree that if my condition was preexisting and the military service aggravated the condition then I should file a claim for disability. I am currently living in the Philippines so I sent my application to the VRO in Manila on December 31, 2008. They had me take a psychological exam in May. I called the FOIA department in the Manila VRO last month regarding my Military Records and a lady told me she would send them to me when the Rating Officer finished my rating. I hope to have a response by the end of August. It takes from three to five weeks for a letter to travel by regular mail from Manila to Davao City on the Island of Mindanao, which is where I am living.

    Last year my Filipina wife went back to the US. She took our daughter and abandoned me here.

    I want everyone to know that I volunteered for Southeast Asia three different times, but was never accepted. Still, I feel guilty about applying for compensation when I was never in Viet Nam.

    Thanks everyone for listening to an old lonely vet.

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AF - 1963,

When you were a child there was no such thing on the books

as DSMIV or Post Traumatic Stress Disorder.

It was not listed as a condition until after your childhood.

carlie

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A deliberate and planned lie is wrong. Breaking the law is wrong. Tampering with evidence is wrong.Don't break the law it does not help.

WOW, I am amazed at all the rapid responses to my post. Wish I had found Hadit.com before submitting my VA 21-526 for Compensation. Since I didn't I will continue trudging through hell until I win my battle with the VA or meet my Maker at the Pearly Gates. :)

My first claim for Medical Benefits in 95 or 96 was denied on the grounds it was not service connected. As I understand the rules that the VA plays by, I could only reopen my claim by presenting new evidence. My first claim was not based on the "or aggravated by service" clause because I did not know it existed. Therefore, the only "New Evidence" that I could present was preexisting Childhood PTSD that was aggravated by the TI in Basic Training.

That is why I wanted to know when the "or aggravated by service" clause was added to the VA's requirements for Compensation. I realize that it doesn't matter now. However, in my humble opinion, the VA psychiatrist should have advised me to amend my claim because I told him that the civilian psychiatrist had diagnosed me as having Childhood PTSD. Does anyone know where I could search or who I can contact to get the answer. It is simply to satisfy my own curiosity.

I have been seeing a psychiatrist here in Davao City for the past four or five years. I receive one-on-one therapy and meds management, which I pay for out of my SSA Disability payment. However, there is no group therapy, which really helps me deal with my anxiety and the fears that cause anticipatory panic attacks.

I lost my last job in August of 2001 due to mental disability and have been unemployable since then. According to Article 38 in the CFR, one of the requirements for PTSD disability at either 70% or 100% T&P is unemployability.

Question: How many of the diagnoses in the group for 70% and 100% disability does one have to have in order to receive the rating for that respective percentile?

Getting my records is a slow process because it has to be done by mail. I can't afford to fly to Manila in order to go to the VRO or the Medical Center where I was given the Psychological exam. I am going to take Carlie's advice and wait for my rating. I have already requested my Military Service Records and VA Hospital records from the VRO in writing via LBC so I have a receipt.

In addition to Hines VA Hospital I also had surgery on my left knee in March of 1969 at the VA Hospital in Washington DC. It suddenly developed severe swelling with no known trauma. Both knees are now so weak it is painful to go up and down stairs.

Then in 1988 I went to the Jefferson Barracks VA Hospital near St. Louis, Missouri, for vertigo due to tinnitus. I have about 50% hearing loss in my left ear and around 75% hearing loss in my right ear, and extreme tinnitus in both ears.

In addition to everything else, I have severe muscle spasms in my left and right lower back, which pulls my sacroiliac joint and pinches a nerve.

Question: Who in the VA determines whether my condition is, or is not, service connected? Is it the Rating Representative or the person who initially reviews my VA Form 21-526 (Application for Compensation)?

I am collecting all my civilian, military and VA medical records in case I file a NOD on my rating. My Family Doctor and my psychiatrist will write detailed letters specifying stressors and nexus for all the above conditions.

Thanks for all the advice and moral support. I am hoping for the best, but preparing for the worst. I will let you know what rating, if any, the VA gives me. :D :) :angry:

It is my fervent prayer that my revelations will help other veterans go forward and file a claim for compensation.

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