ptsd Denied

[luvHIM]

I was just recently denied my claim for entitlement to compensation for PTSD.

I know that I am already at 100%; but that is by TDIU. My SC comp does not equal 100% and it would be better to be schedular. Anyway, PTSD was not just diagnosed on my recounting of the past events but by a series of tests. VARO noted the MH records they wanted to view and ignored the rest of the record or they would have seen the tests I took in my records, as well.

Anyway, I really want SC for the PTSD because it is a real issue and the anxiety is real too. I'm also still undergoing treatment and participating in group.

Any words of wisdom are welcomed. Thanks, in advance. I've been having flare-ups lately and dealing with some major pain. So, I don't come to the site as often as I use to because of the sitting and typing involved. It will pass but for right now it's vicodin and muscle relaxers, along with reclining and napping.

So, if I don't respond back right away...you know why ahead of time. Thanks for our continued help.

Edited August 2, 2009 by luvHIM

[john999]

If you can't prove the MST with evidence you will have a hard time winning after 23 years. You need evidence of some kind that this happened and not just a doctor's report 23 years later. This stressor must be verified. That is exactly what the VA will say "Vet's record silent on MST".

[carlie]

luvHIM,

Here's a link and the information I referred to in M21-1MR.

I feel that if VBA goes by this "Alternative Evidence" then they would

at least have to apply some weight to your SMR's that show diagnosis and treatment

for an STD on active duty, as it should be considered in the evidence.

I am not saying it would be enough to get the claim granted,

but it is certainly another piece of medical evidence for VBA

to consider in connecting the dots.

Scroll down about 3/4 of the way and see all of # 30.

jmho,

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...4/ch04_sech.doc

Section H. Mental Disorders

29. Evaluating Evidence of an In-Service Stressor

g. Non-Combat-Related Stressors

Potential non-combat-related stressors include, but are not limited to

· plane crash

· ship sinking

· explosion

· ***** rape or assault

· duty

- on a burn ward

- in graves registration unit, or

- involving liberation of internment camps

· witnessing the death, injury, or threat to the physical being of another person not caused by the enemy

· actual or threatened death or serious injury, or other threat to one's physical being, not caused by the enemy.

30

Evaluating Evidence in Claims Based on Personal Trauma

4-H-14

30. Evaluating Evidence in Claims Based on Personal Trauma

Introduction

This topic contains information about evaluating evidence in claims based on personal trauma, including

· evidence of personal trauma

· alternative evidence of in-service personal trauma

· evaluating the available evidence

· development requirements for secondary evidence

· interpretation of secondary evidence, and

· obtaining evidence.

Change Date

December 29, 2007

a. Evidence of Personal Trauma

Personal trauma is an event of human design that threatens or inflicts harm, such as

· rape

· physical assault and domestic battering

· robbery and mugging

· stalking, and

· harassment.

b. Alternative Evidence of In-Service Personal Trauma

If the military record contains no documentation that personal trauma, including in-service sexual assault, occurred, alternative evidence might still establish an in-service stressful incident.

Sources of such evidence include

· a rape crisis center or center for domestic abuse

· ***** a counseling facility or health clinic

· family members or roommates

· a faculty member

· civilian police reports

· medical reports from civilian physicians or caregivers who treated the veteran immediately or sometime later

· a chaplain or clergy

· fellow service persons, and

· personal diaries or journals.

30.

Evaluating Evidence in Claims Based on Personal Trauma, Continued

c. Evaluating the Available Evidence

Rating Veterans Service Representatives (RVSRs) must carefully evaluate all of the available evidence.

If the military records contain no documentation that personal trauma occurred, consider secondary evidence, such as

· lay statements

- indicating increased use or abuse of leave without an apparent reason, such as family obligations or family illness, or

- describing episodes of depression, panic attacks, or anxiety, but no identifiable reasons for the episodes, and

· evidence of behavioral changes that occurred around the time of the incident, including

- visits to a medical or counseling clinic or dispensary without a specific diagnosis or specific ailment

- **** use of pregnancy tests or tests for sexually-transmitted diseases around the time of the incident

- sudden requests that the veteran's military occupational series or duty assignment be changed without other justification

- changes in performance and performance evaluations

- increased or decreased use of prescription medications

- increased use of over-the-counter medications

- evidence of substance abuse, such as alcohol or drugs

- increased disregard for military or civilian authority

- obsessive behavior such as overeating or undereating

- ****** increased interest in tests for HIV or sexually transmitted diseases

- unexplained economic or social behavior changes

- treatment for physical injuries around the time of the claimed trauma, but not reported as a result of the trauma, and/or

- the breakup of a primary relationship.

Notes:

· Secondary evidence may need interpretation by a clinician in personal trauma claims, especially if the claim involves behavior changes.

· Evidence that documents behavior changes may require interpretation in relation to the medical diagnosis by a neuropsychiatric physician.

Important: When preparing letters of notification or rating decisions in personal trauma cases, use a tone that conveys sensitivity and compassion, regardless of whether the claim is granted or denied.

Continued on next page

30. Evaluating Evidence in Claims Based on Personal Trauma, Continued

d. Development Requirements for Secondary Evidence

Do not deny a PTSD claim that is based on in-service personal trauma without first advising the claimant that evidence from sources other than service treatment records (STRs), such as evidence of behavioral changes, may constitute credible supporting evidence of the stressor.

Allow the veteran the opportunity to furnish this type of evidence or indicate its potential sources.

e. Interpretation of Secondary Evidence

In personal trauma claims, interpretation of secondary evidence by a clinician may be required, especially if the claim involves behavioral changes.

Evidence that supports such behavioral changes may require

· interpretation in relationship to the medical diagnosis, or

· an opinion by an appropriate medical or mental health professional as to whether it indicates that personal trauma occurred.

Reference: For more information on VA's responsibility to obtain secondary evidence needed to corroborate a personal trauma claim, see Patton v. West, 12 Vet. App. 272 (1999).

f. Obtaining Evidence

For more information on obtaining service records, medical treatment records, and evidence of personal trauma, see M21-1MR, Part IV, Subpart ii, 1.D.

Edited August 12, 2009 by carlie

[carl1124]

I don't think I have a leg to stand on when I file this claim. All I have is my behavior change and my alcohol rehab after that spent about 8 years just going from command to command keeping my head low so very few would notice me. I don't know what more I need to win a ptsd claim.