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ptsd Please Help ! Ptsd C & P Next Week
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Question
starsnstripes
Hello all (New to this),
I inititiated my claim upon my release from the USAF in 1996 (honorable discharge). It included claims for: dyspepsia (claimed as gastroenteritis and severe abdomen pain), headaches (migraines), urinary tract infection, hemorhayic cystitis, axillary abscess endocervical curretings, recurring yeast infections, carpel tunnel and PTSD as a result of sexual harrassment/assault whileon AD. Per that claim I was awarded 10% for dyspepsia and 10% for headaches. Both w/ an effective date in 1996. It was stated in the reasons and bases section, that "there is no record of PTSD as the result of sexual harrassment/assault while on AD showing a chronic disability subject to SC". I was appalled !! How could there NOT be any available evidence as a major investigation was accomplished by EOC and officials that actually flew in from Langley AB. All complaints were verified and substaintiated by unit personnel. The end result being, the perp was busted down in rank and (supposedly dishonarbly discharged).While the commander was relieved of hisduty for his nonaction as well as actions unbecoming of an officer to name a few. To make a lonnnnnng story short... Everything in reference to the incidents had VANISHED!!! The burden of proof rested on me. I sought out records for the chaplin visits, hospital, EOC, and mental health records. I was AF staioned on an Army post and was advised that basically there was nothing available to me per disposition protocols per such complaints. I immediately spiraled into deeper depression.
In reference to appealing the findings, I had just had a baby was severely depressed and without a support system and therefore did not appeal w/in the 12 month period. I again felt down and alone.
However in 1999, I reinitiated a claim for increase for migraines and dyspepsia and also included the PTSD claim again. In 2000, I was awarded an increase to 30% disabling for the migraines, but the dyspepsia remained at the 10% rating. My overall/combined rating was and still remins at 40%. Denied again on PTSD..
I have again in 2010 reintiated my claim for PTSD (MUCH STRONGER) as it includes a diagnosis of PTSD from a VA practioner as well a letter from a now LT Col. who was a young1st LT at the time of the events. He provided a very strong lttr of his recollection and acknowledgement of the events that took place. I have also paricipated in weekly counseling sessions.
This month I received a phone call from a rep at the ATL regional ofc. She started off the convesation "apologizing on behalf off the VA" in reference to my claims for the sexual/racial/mental harrassment and assault I experienced on AD. She stated that the reviewers of my claim were appalled and reread my statement of events over and over again in disbelief of how these things could have happened period. She advised that the lttr provided by the LT. Col was a "jewel" as it substantiated my claims and that they had actually found evidence of an EOC complaint filed by me per the time period of the alleged incidents. hoop hoop HORRRRRRRRRRAYYYYYYYYYYYYY !!!! I am hopeful....She also advised me that I would be scheduled for a C & P. My C &P is scheduled for next week and I am nervous and anxiety filled(more now than usual).
I have the following questions:
1. How is it that when I sought out EOC evidence I was told none existed, now that it is obviously apparent that a complaint was filed in 1994, could this be a legitimate CUE case?
2. Do I have a good leg to stand on, if awarded PTSD, that they will backdate it to to original claim date in 1996? and how can I request that this happens.
There are many, many, things I left out as I didnt know where to start. I welcome any assistance...... I want whats rightfully mine as I have gone thru hell am still holding on by a thread.
3.
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