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Definition Of A

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Berta

Question

This is here somewhere but I see this subject cropping up a lot lately.

It bears repeating. Even if the VA relaxes the proposed PTSD stressor guidelines I believe that will only apply to OIF OEF veterans. Actual stressors can be quite unusual and unique. I worked in a PTSD Combat Rap group.Combat stressors can cover a gamit of extraordinary events.Still whatever the reason for the stressor they need to fall under these guidelines.

Personal assualt to include sexual assault, severe inservice MVAs,there are many reasons a veteran could have experienced a PTSD stressor.WIthout the PH, CAR, or CIB on a DD 214 they ,must be proven for VA compensation.

Definition of a Stressor:

The VA defines a stressor based on the DMS –IV (Diagnostic Statistical Manual of Mental Disorders) thus:

“the person experienced,witnessed,or was confronted with an event or events that involved actual or threathened 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.”

A stressor also involves having persistent traumatic re- occurences of the event- such as flashbacks, external reminders of the stressor, distressing dreams of the stressor etc.

Many avoidance efforts as to avoidance of thoughts, people, places that remind of the stressor , and often a feeling of detachment.

The full gamut of PTSD symptoms is found within the DSM IV Manual and VA uses this manual as a guideline to diagnose PTSD.

When I worked with the PTSD group at a Vet Center, the vets always would say ‘before,during, and after’-to define how tremendously they changed due to the Vietnam War.(as well as the whole country-these vets came back to a much different America then they left.)

The changes in their behavior and reactions, sleep patterns and interactions with family and friends were symptomatic of PTSD.

Also the VA considers some events as part of the nature of warfare and not stressors.I have seen statements like that in BVA decisions.

If a combat vet say ‘I saw dead people during the war ’, this does not raise to stressor level as it is part of the nature of warfare.

If the vet however says ‘my buddy blew up in a land mine explosion’, that is a stressor and the VA can verify , with the Unit reports and deceased veteran’s name, that the veteran has a confirmed stressor.

“We took incoming’ – a usual nature of warfare-not a stressor

“Our unit lost 3 men during incoming at Danang in 1966 and one man was Sgt ---- who I knew ----.and I had to help them put these men into body bags. A stressor which can be confirmed.

‘Hanoi Hannah said we would be overcome by the weekend.’ Not a stressor.She lied all the time.

The enemy overtook our camp by the weekend and I had my first kill. A stressor- which unit reports could prove.

‘There was a horrific accident on the runway and they say 20 men were lost ‘. not a stressor

“I participated in recovery ops after there had been a terrible plane accident at the airport in Danang.20 men had died and no one survived.” A stressor that could be proven by the veteran’s MOS and unit reports.

Sometimes a veteran will not give the VA enough details as to the stressor and how it affected them.

This is just a pretty generic description of stressors but the VA holds to the DSM as to how they describe them.

Although the most difficult thing a PTSD can do is to recall in detail stressful events-whether stateside or in combat- as there are MANY reasons a veteran can have stressors and PTSD that have nothing to do with combat-

it is often the details that VA needs in order to confirm what the veteran described was consistent with the circumstances .

An example of what I mean is Swann V. Brown. The veteran was working at a USAF refueling air base in Vietnam and the air base was attacked by mortars.

He claimed this as a combat stressor.

The CAVC found that this did not constitute " engaging in combat" as the veteran could not rpove he was close to the mortars attacks and there had been no casualties.

Buddy statements have to be detailed too.One buddy statement I read that a vet I know got told the VA the exact detailed circumstances of the stressor, and how the buddy could verify that the claimant veteran was at this same stressor with him and the buddy even gave VA his C file number and told the VA they could check his C file if needed because he received PTSD comp for this same stressor event. The vet I knew had 6 buddys to contact- mainly to tell them they had received awards from the Vietnamese that they didnt know they got (long story -my daughter translated an Official Vietnamese document and they all got awards, one got the DFC) and ironically one buddy was able to confirm this stressor for one of them (actually the Vietnamese document citations would sure have awarded PTSD too to them all.)

Of 6 buddys =one had died and I think maybe they couldnt find one of them- it took this vet many months but he did reach 4 or 5 of them. This can be done.Buddys can be found.Simply googling their name as well as checking reunion rosters and going to unit web sites has made finding a buddy much easier than it used to be prior to the internet.

A Wall tracing too can be used to verify you lost a buddy in Vietnam. You have to search the Wall via buddy's hometown, unit , approx date of death and name.

Even at the moving Wall -with this information-they can find the exact panel where the Buddy's name is and you can provide a tracing of it as evidence for VA claims.

---------------

Also One of our faithful listerners me reminded me to tell you that ALL General Court Martial Records ,if needed to prove PTSD due a personal assault, can be requested and obtained from the Clerk of Court JAG of the specific branch of service in Washington DC.

Also many personal assaults and MST (military Sexual Trauma claims) can be supported by medical records in the SMRs ,of course as well as by eye witness buddy statements as to an “outcry”-a report by the victim to them immediately after this type of event occurred.

Even Personnel records shpwing transfer to a different unit soon after claimed stressor can also support PTSD and personal trauma claims.

To get back to PTSD claims when the veteran was in combat but does not have the PH, CIB or CAR on his/her DD 214.

The vet should apply for a DD 215 as a correction if they feel these awards should be on the DD 214. (DOD Form 149)

Also they can writ to the JSRRC themselves. I advise this even when VA says to thm that JSRRC could not verify their stressor-

Vet recently – this scenario-

All Branches except for Marine Corps-

US Army and Joint Services Records Research Center

7701 Telegraph Rd,Kingman Building Room 2CO8

Alexandria VA. 22315-3802

1-703-428-6801

Marines-

Go to the Marine Corps University Archive Site http://www.mcu.usmc.mil/MCRCweb/Archive/

Or contact to the Commandant of the Marine Corps

Headquarters USMC Quantico toll free 1-800-268-3710

Fax 11-703-784-5792

Edited by Berta
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  • HadIt.com Elder

An example of what I mean is Swann V. Brown. The veteran was working at a USAF refueling air base in Vietnam and the air base was attacked by mortars.

Berta,

I guess it depends as to how close you are to the mortars. There is no requirement that anybody has to be killed for a PTSD stressor. I'm rather certain I have a court decision somewhere on my computer indicating that if the veteran was stationed in any area Vietnam were mortars have been known to be fired that such duty was construed to be combat. It is a more recent decision. I will try and find it in the next couple days. The definition of combat is changed dramatically over the years. I have assisted several veterans with non-combat MOS’s and no other documentation of specifically being in combat other than the fact that their unit was fired upon in getting service connected for PTSD.

The remaining question, therefore, is whether there is an

inservice stressor and either evidence of combat service or

corroborating evidence the stressor occurred. A finding of

combat service is significant because under 38 U.S.C.A. §

1154(B),

The issue of whether any particular set of

circumstances constitutes engagement in combat with the enemy

for purposes of section 1154(:D must be resolved on a case by

case basis. VAOPGCPREC 12-99. The General Counsel's opinion

is binding on the Board. 38 U.S.C.A. § 7104©; 38 C.F.R.

§ 14.507.

This is from 2007

Citation Nr: 0723160

Here, the Board notes that in June 1999, revised regulations

concerning PTSD were published in the Federal Register

reflecting the decision of the United States Court of Appeals

for Veterans Claims (Court) in Cohen v. Brown, 10 Vet. App.

128 (1997). The changes to 38 C.F.R. § 3.304(f) were made

effective the date of the Cohen decision. Service connection

for PTSD requires (1) medical evidence establishing a

diagnosis of the condition in accordance with the provisions

of 38 C.F.R. § 4.125(a); (2) a link, established by medical

evidence, between current symptoms and an in-service

stressor; and (3) credible supporting evidence that the

claimed in-service stressor occurred. 38 C.F.R. § 3.304(f);

Cohen. "Credible supporting evidence" does not mean that

the veteran must definitively establish his personal

engagement in combat. Suozzi v. Brown, 10 Vet. App. 307, 311

(1997) (requiring corroboration of every detail, including

the veteran's personal participation, VA defined

"corroboration" too narrowly). Rather, the veteran's

presence with his unit at a time when his unit is attacked

tends to show that that the veteran experienced such attack

personally, without specifically showing his personal

participation. See Id.; see also Pentecost v. Principi, 16

Vet. App. 124 (2002).

Edited by Hoppy
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Mustang,

how long has it been since you are in the military. I can barely remember the names of five people I was stationed with. Maybe those guys greased so many people they can't remember who was who.

It has been since the late 60's and early 70's. I remember the guys names because they were friends when we were on the ship, plus I have a cruise book with their names. I have kept in contact with them since 1989. Those guys were not the ones that did the greasing, but at one time they were also greased. They were witnesses at the time of the incident. I know it has been a long time since the incident, but with time some of us begin to remember things that are now affecting us.Thanks Hoppy.

68mustang

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