ptsd Question For James Breckenridge About Possible Claim

[Philip Rogers]

I'm currently 100% P&T, for PTSD, for over 20 yrs. I was discharged in 1968, having served 2 consecutive years as a combat infantryman, w/the 1st Cav (65-67). In 1971 I was in a serious motorcycle accident w/multiple fracures of leg/arm and body, etc. I spent 5 days in a coma, 2yrs in and out of surgery, and have no recollection of the accident. In '73 I applied for VA assistance and was awarded NSC pension for the injuries. Through my counseling over the years, I now believe my "accident," and have for about 15 yrs, was an attempted suicide. The description in the accident report shows a high speed collision with a parked car, at a curve in the road, of which I was very familiar. It appears I accelerated directly into the car, intentionally failing to make the turn. No alcohol or drugs were involved. Now, looking back over my life and how I believe I've had PTSD since my return from VN, I would like to rectify the NSC award and have it changed to SC. The additional awards would mean SMC for me. At that time a claim for NSC was a claim for SC. I'm thinking about filing a CUE for the VA's failure to consider SC. What are your thoughts and do you feel there is any way to correct this. Thank you, I appreciate your time!!!

I feel I could get a Forensic Phyciatrist to give an positive IMO on this.

pr

Edited August 18, 2010 by Philip Rogers

[JamesBreckenridge]

Are you S/C for PTSD? At what percentage, and from what date?

I don't think it was a clear and unmistakeable error to not consider the possibility that your accident may have actually been a suicide attempt. That's a situation where the veteran bears some responsibility for coming to us with a theory of why their condition should be service connected. Was PTSD even claimable in 1973? If not, the failure to consider that possibility SURELY is not a CUE.

Do you have PTSD now? How disabling is it?

It sounds to me that that if you are service connected for anything, it's at a pretty low percentage, and that you've been granted NSC pension for forever due to your motorcycle crash. NSC pension isn't a lot of money, and it's even offset dollar for dollar by social security. S/C comp is almost always going to be the greater benefit, but youknow that.

You mention the need for SMC. Were you aware that you can also get increased benefits for being housebound or in need of aid and attendance, as part of your NSC pension? We call it "Special Monthly Pension." If your non service connected conditions render you so disabled that you need the aid and attendance of another person, we award Special Monthly Pension to help pay for it. I'll look up the rates when I get to work today.

If you ARE s/c for PTSD, especially at a high level, you can certainly try to get a forensic psychologist to study all the evidence surrounding your accident (police reports, witness statements, medical records) and if they're willing, in their professional capacity, to say that it's at least as likely as not that this was a suicide attempt that was part of your PTSD, then you might have a shot at getting your other injuries service connected, but it's going to be a stretch, and defenitiely won't have an effective date earlier than your date of claim even if it DOES get awarded.

Edited August 18, 2010 by JamesBreckenridge

[carlie]

James,

He has been SC'd at 100% P&T, for PTSD, for over 20 yrs.

[jbasser]

If you were in a Coma for 5 Days Flip, do you bave any residuals. If so you may be able to focus on a TBI claim.

J

[Philip Rogers]

Yes, as stated in my original post, I'm 100%, SC/P&T, over 20yrs (1989), for PTSD, plus 100% NSC for pension from '71 or '73. Herein lie my problems. PTSD wasn't accepted until, I believe, 1980. Before that it would've been some kind of compensable psychosis. Also, I didn't know there was anything wrong with me, then, altho I do believe the DoD and the VA knew something was wrong w/many VN vets. So I couldn't point the VA in the right direction. I'm not trying to collect lost pay, just trying to get the NSC to be corrected to SC, which would put me at over 100+60, allowing for SMC. I don't think it fits CUE but thought I could maybe get them to accept it that way. Thanks, again!!!

pr

Are you S/C for PTSD? At what percentage, and from what date?

I don't think it was a clear and unmistakeable error to not consider the possibility that your accident may have actually been a suicide attempt. That's a situation where the veteran bears some responsibility for coming to us with a theory of why their condition should be service connected. Was PTSD even claimable in 1973? If not, the failure to consider that possibility SURELY is not a CUE.

Do you have PTSD now? How disabling is it?

It sounds to me that that if you are service connected for anything, it's at a pretty low percentage, and that you've been granted NSC pension for forever due to your motorcycle crash. NSC pension isn't a lot of money, and it's even offset dollar for dollar by social security. S/C comp is almost always going to be the greater benefit, but youknow that.

You mention the need for SMC. Were you aware that you can also get increased benefits for being housebound or in need of aid and attendance, as part of your NSC pension? We call it "Special Monthly Pension." If your non service connected conditions render you so disabled that you need the aid and attendance of another person, we award Special Monthly Pension to help pay for it. I'll look up the rates when I get to work today.

If you ARE s/c for PTSD, especially at a high level, you can certainly try to get a forensic psychologist to study all the evidence surrounding your accident (police reports, witness statements, medical records) and if they're willing, in their professional capacity, to say that it's at least as likely as not that this was a suicide attempt that was part of your PTSD, then you might have a shot at getting your other injuries service connected, but it's going to be a stretch, and defenitiely won't have an effective date earlier than your date of claim even if it DOES get awarded.

[Philip Rogers]

Sorry, no TBI, just physical ailments, altho these days I do have more wisdom but I think that's age related! ;-)

pr

If you were in a Coma for 5 Days Flip, do you bave any residuals. If so you may be able to focus on a TBI claim.

J

[Wings]

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PR, Did your original award of SC date the onset of your PTSD? Did the VA recognize your symptoms as "chronic" since military discharge? Was your original diagnosis of PTSD: chronic, acute, delayed? If Chronic, I would think that claiming injuries as secondary to PTSD would be a slam dunk ;-) IMHO. ~Wings