Question On Sexual Assault Trauma - TRIGGERS

[airdale]

1221

Edited October 11, 2011 by airdale

[airdale]

I am new to this so I don't know what NOD is. I know that my appeal is with the DRO. My denial letter for the PTSD was dated 2004. I don't recall multiple issues in the denial, but at the time of filing, I did not have my C-File. With douments from my C-File, I filed my (I believe this is the NOD) appeal in late 2004. I do have a service rep -- that's the POA, right?

1. What is the date of your denial letter?

2. Were there multiple issues in the denial?

3. Have you filed the NOD?

4. Do you have a service rep?

[airdale]

May 18 1972

Airdale

Have you ever tried to get a lawyer to represent you in front of the VA? I think your claim is beyond most VSO's. Most are not up to it. However, it may be possible that since you have a DX of PTSD your claim may succeed. The more time passes and the more complex your claim becomes the more you need expert help. Because you have HIV the VA is probably apt to blame all your problems on the HIV. Your private medical records would be a big help if the VA does not have them. When was your last final decision from the VA? It is natural that the older your claims become the more things can happen to you. The VA looks for the non service connected reasons to explain your disability.

Edited October 11, 2011 by airdale

[john999]

Did the VA diagnose you with PTSD? Forget about going public since nobody gives a damn. Are you claiming the PTSD as direct result of sexual assault?

[stillhere]

I am new to this so I don't know what NOD is. I know that my appeal is with the DRO. My denial letter for the PTSD was dated 2004. I don't recall multiple issues in the denial, but at the time of filing, I did not have my C-File. With douments from my C-File, I filed my (I believe this is the NOD) appeal in late 2004. I do have a service rep -- that's the POA, right?

Just trying to get this service connected is going to be a haul if you ask me. In your particular place if the appeal is denied and you still want to pursue it I would recommend you get a good lawyer.

And here is the reason why. Because this occurred so many years ago and there is no paper work or witnesses and from what I read you have no names and for that matter not even the exact location or time. This is asking the government to take your word for an awful lot. I am not trying to dissuade you and if you have come this long I doubt that I could. But put yourself in the governments position. That also will help you in maybe getting this done.

Also go back and read your decision somewhere in the decision the government is telling you what you need to do to get this awarded. Post what they feel they need and maybe we can help with that.

The main thing that I think comes out of claims like this is the reality that no matter how much you hate it and the horrible thought of this crap happening. Those that do not report it when it happens or soon after have a very hard road to haul.

I served in the late 60's-70's and maybe I was just naive to what was going on around me but I served in a war zone and for the life of me don't think I met another American that would have done harm to me. Lucky I guess but when we look at the complexity of military life and the scope (world wide) and with the sexual stuff going on in it nothing will be done until those that are assaulted come forward every single time something like this happens!!

Thank you for your service and I too am very sorry for what you had to go through back then and what you having to go through now but I do wish you the BEST and thank you for your service to our country!!

[airdale]

I wrote up a report on my stressors and triggers at the request of POA. My biggest problem obtaining documents has been with Naval Investigative Service. They interviewed me as I explained, I know that they did and there was an investigation.

airdale,

What exact disability's did you originally claim on your VA Form 21-526 ?

What from that was granted ?

What from that was denied ?

You posted,

"I learned a lot. The female victims like myself had become sexual addicts, which I did not know happened."

Just to be clear, the above is not something, that always happens, although it might happen, with some.

Below is information for you that shows the type of alternative evidence that may corroborate a stressor incident

for personal assault of a sexual nature.

If you have evidence such as this, it is important to put it in your claim.

http://www4.va.gov/v...es1/0903034.txt

If a PTSD claim is based on an in-service personal assault,

evidence from sources other than the veteran's service

records may corroborate the veteran's account of the

stressor incident.

Examples of such evidence include, but

are not limited to: records from law enforcement

authorities, rape crisis centers, mental health counseling

centers, hospitals, or physicians; pregnancy tests or tests

for sexually transmitted diseases; and statements from

family members, roommates, fellow service members or clergy.

Evidence of behavior changes following the claimed assault

is one type of relevant evidence that may be found in these

sources.

Examples of behavior changes that may constitute

credible evidence of the stressor include, but are not

limited to the following: a request for a transfer to

another military duty assignment; deterioration in work

performance; substance abuse; episodes of depression, panic

attacks or anxiety without an identifiable cause; or

unexplained economic or social behavior changes.

The VA

will not deny a PTSD claim that is based on in-service

personal assault without first advising the claimant that

evidence from sources other than the veteran's service

records or evidence of behavior changes may constitute

credible supporting evidence of the stressor and allowing

him or her the opportunity to furnish this type of evidence

or advise VA or potential sources of such evidence. VA may

submit any evidence that it receives to an appropriate

medical or mental health professional for an opinion as to

whether it indicates that a personal assault occurred. See

38 C.F.R. § 3.304(f)(3).

Edited October 11, 2011 by airdale

[airdale]

Yes, VA diagnosed PTSD. I am claiming PTSD as direct result from SA. Going public is an option, like I said I have enough for a novel.

Did the VA diagnose you with PTSD? Forget about going public since nobody gives a damn. Are you claiming the PTSD as direct result of sexual assault?