ptsd Need Advise

[bufloguy]

Hello All,

Got the brown envelope yesterday and to my surpise my PTSD claim was denied. I submitted a very well grounded claim, with a daignosis and dr's letter providing a nexus to the event that happened while I was on active duty. I did not receive a C&P exam just a denial letter. Isn't a C&P required with a well grounded claim? Any advice will be greatly appreciated. Thanks!

[*Bergie*]

Hello All,

Got the brown envelope yesterday and to my surpise my PTSD claim was denied. I submitted a very well grounded claim, with a daignosis and dr's letter providing a nexus to the event that happened while I was on active duty. I did not receive a C&P exam just a denial letter. Isn't a C&P required with a well grounded claim? Any advice will be greatly appreciated. Thanks!

Request a copy of the c-file first then see what is in it. It will take several weeks to arrive then if the info you gave as support for your claim is missing file a NOD. Also did you get a time stamp and copy when you turned in the stuff you submitted with your claim. Do this and then go from there.

Bergie

[Berta]

Can you tell us exactly how they worded the denial statement?

The doctor's nexus statement -unless you have combat awards-PH, CIB or CAR- is not enough to prove the nexus but still-I feel they should have given you C & P .

Did you fully comply with any evidence they asked for in the VCAA Letter?

Did you actually get a CAA letter highlighted as to the specific evidence they need?

Did you keep copies and proof of mailing of anything you sent to them?

Did they question the type of stressor you claimed?

[bufloguy]

Here is the denial:

11. Service connection for post traumatic stress disorder.

Service connection may be granted for a disability which began in military service or was

caused by some event or experience in service.

Service connection for post traumatic stress disorder is denied since this condition neither occurred in nor was caused by service. Mental Health progress noted of December 9,

2008, gives an Axis I diagnosis of depression and PTSD related to MVA.

A letter from Theresa Mignone-Klostermann, PhD. dated April 10,2009, indicates that

you have been in treatment since December 3,2008, under the care of Anna Kusche, MA

and Sabrina O'Kennon, and supervised by herself. This is for treatment of PTSD and

Traumatic Brain Injury secondary to a motor vehicle accident that occurred while on

active duty in the military. These conditions effect your functioning in both occupational

and social settings.

VA Screening for PTSD on May 29,2008, was negative. You denied PTSD symptoms at

Mental Health outpatient treatment on October 14, 2008. Psychology consultation on

November 17,2008, indicates symptoms of PTSD related to motor vehicle accident.

December 3, 2008, mental health outpatient notes indicate that in 2006, you witnessed a

motor vehicle accident in which you saw people in a mini van "being carried out on

stretchers." Since this time you have experienced significant increase in anxiety and

PTSD symptoms (nightmares of accident 2x/week, mood swings, angry outbursts,

fighting with coworkers, physical fatigue, increased isolation/avoidance, needing more

"alone time").

Mental health outpatient note of December 9,2008 addressed the PTSD surrounding

2005 car accident: You acknowledged this accident as turning point for decline in

functioning. You reported that you were driving with your children in the car and a rock

"flew up and cracked the windshield by your son's head." No injuries were sustained,

however, you have experienced significant increase in anxiety and decrease in daily

functioning since this time. You stated that "before this, you were able to manage your

issues. "

It is determined that your PTSD is not related to your military service.

[bufloguy]

My stressor was a serious MVA while on active duty:

Here is my history:

- In 1989, while on active duty I was involved in a car accident where I received a moderate to severe TBI. In the vehicle with me were two adults and a 4 year old child. The child’s injuries were acute, and she was placed in a body cast. I have amnesia; I do not remember the accident, nor the 3 day hospital stay.

-Prior to the accident I was considered on excellent airman, was even selected as Airman of the Quarter. All of my reviews were outstanding. I was planning on a 20 year career.

-Post accident I started drinking heavily, I was counseled several times for poor work performance, and received a sub-par review. I was given several reprimands for drinking and fighting, was placed on restriction and was even made to attend alcohol rehab counseling. I did not re-enlist, and left the service approximately 1 year after the accident.

-I was unemployed for a while, but when I did manage to work, I was usually disciplined for fighting or showing up to work drunk. I couldn’t hold down a steady job. The majority of the 90’s and early 2000’s are a blur, and I really don’t remember much about that time period.

-I quit drinking in 2002 due to my daughter being born. Instead of clarity, I found that I was even more combative, and my dreams and nightmares of the accident worsened. Twelve years later, in the majority of my dreams I was still in the military, and even though I do not remember the car accident, my dreams skirted around the accident, as if the past 12 years had never happened.

-In 2005, a rock flew through my son’s window, almost striking him. I had to pull over as I was having flash backs to the 89 accident. I was in such bad shape; I couldn’t drive for several days. After this, I was extremely combative, on edge, driving took a lot of energy and was extremely stressful. My night mares of the 89 accident were 2 to 3 times a week.

-In 2007, I was driving with my family, when a minivan in front of us was t-boned, and the occupants were trapped in the vehicle. We were forced to watch the extraction, and witness the people being placed on stretchers and placed in ambulances.

Around this time I became severely depressed and lost interest in everything.

In 2008, my wife forced me to see a VA doc for depression. Not only was I diagnosed with depression I was diagnosed with PTSD, I always thought PTSD occurred during wartime. But I was givin a series of tests, and was determined to have PTSD.

[Berta]

This is a classic case of a traumatic inservice stressor becoming full blown PTSD when something similiar triggers the original stressful event.

This is the stuff that VA has to know.

You need a strong medical opinion to show them that

:In 1989, while on active duty I was involved in a car accident where I received a moderate to severe TBI. In the vehicle with me were two adults and a 4 year old child. The child’s injuries were acute, and she was placed in a body cast. I have amnesia; I do not remember the accident, nor the 3 day hospital stay.:

This event started your PTSD.

I would think this is well documented in your SMRs.

"Prior to the accident I was considered on excellent airman, was even selected as Airman of the Quarter. All of my reviews were outstanding. I was planning on a 20 year career."

"-Post accident I started drinking heavily, I was counseled several times for poor work performance, and received a sub-par review. I was given several reprimands for drinking and fighting, was placed on restriction and was even made to attend alcohol rehab counseling. I did not re-enlist, and left the service approximately 1 year after the accident."

This also indicates PTSD- a change in work performance-etc.

Do you have your inservice personal records?

You certainly have a very valid PTSD claim.

Did the decision list any of the above as evidence?

Are you sure they had this all as evidence?

"I always thought PTSD occurred during wartime. But I was givin a series of tests, and was determined to have PTSD."

Do you have copies of these test results?

I think most Katrina victims, and many at Fort Hood havce PTSD due to the events they have experienced.

Earthquake victims, sexual trauma victims, all sorts of victims of something beyond the scope of ordinary life that causes trauma can certainly have PTSD.

It is even almost 'normal' to self medicate PTSD with alcohol or drugs.

Do you have a good vet rep?

My husband went ballistic in the car one day while I drove down a steep hill with a deep crevice on the side.

He was so upset he started to punch me because he said I was driving too slow - He saw below us in a hay field, a tractor moving slowly-with a baler on it -we knew the farmer -this is just down the road from where I live. we have a farm and live in farm country so this was not an unusual site

but to him, with the weather conditions and the heat, this suddenly became the enemy in a tank who was going to attack us.

And this is why they cannot cure PTSD- Rod always said his only cure was if they could remove his brain.

An event and image of the event becomes implanted on the subconcious and in most cases of PTSD that implanted vision is ALWAYS there. A totally unrelated event can trigger the original stressor to come right back.

[mobie16r]

Bufloquv,I am going try and tell you what you need to do to get ptsd rating and the reason VA denied you.First the reason you was denied.You was diagnose with ptsd in 2008,you witness a car accident in 2005 where yor son was almost hit with a rock that flew through your windshield and car accident in 2005 where people was hurt and this trigger your ptsd symptoms,VA is saying that the 2005 and 2008 accident is the primary reason for your ptsd and you was denied because this is not military related.

If i was you i would file a appeal and submit new evidence.In other words anything that didn't happen in the military would become a moot point, (accidents 2005 and 2006)i would concentrate only on the accident you was in when in the military 1989. Every time you visit your psychiartist of psychologist only talk

about 1989 accident and how it affected you now and over the years.If you having nightmares,panic attacks,night sweats, of anything else,just make sure it all pertain to the car accident you was in, in 1989.I hope this helps

mobie16r

Edited November 21, 2009 by mobie16r