ptsd Please Help ! Ptsd C & P Next Week

[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.

[Philip Rogers]

starsnstripes - I would file under CUE. Whether it qualifies is something different but I feel if you have the evidence you could win. jmo

pr

[Chuck75]

The VA call to you is a very good indication that the VA did royally screw up in handling your case. It's Hobson's choice from that point on. Do you wait to see what the VA does, and go from there - - or ask specifically for an EDD going back to the original claim.

There is valid logic behind each. Personally, I'd guess that the Atlanta VARO has decided what they are going to do, and just need to get all the boxes checked. Assuming that this is the case, "rocking the boat" might slow down the award process, and a "check in hand".

Remember that the VA has a rather poor record of getting things right, particularly the first time around. They are actually (in principal, at least) required to automatically consider the earliest EDD that can be applied.

While I believe that many combat and even other veterans suffer from some form and level of PTSD, including myself, I have no personal experience with PTSD exams. I do know that there are exam guides that the VA supposedly uses. From what I've heard, they are not always followed.

The new PTSD regs. define the VA C&P exam as the "ONLY" way to get a VA recognized PTSD diagnosis and severity level for compensation. (Don't miss the exam under any circumstances.)

If you eventually see a high rating for PTSD, then there may be another detail to think about.

Since this is the Atlanta VARO, not WACO, the chances of getting involved with the VA's fiduciary system should be much less.

If you see anything that might indicate that the VA is setting you up with an appointed fiduciary, run, do not walk to the nearest veteran's lawyer that is admitted to practice at the federal district court, as well as the VA.

I'd also consider having any direct deposits from the VA put into an account that is separate, and even in a different bank than your normal savings and checking accounts.

Under the banking laws, a direct deposit arrangement also authorizes the depositor to withdraw funds from the direct deposit account. (The original idea was to allow the depositor to "correct" an erroneous deposit.)

In an extreme case, I'd move money from the direct deposit account to the other account(s) via a cash transfer, rather than other means.

Getting the VA to correct a "mistake" in the VA's favor can be quite difficult, and time consuming, as I found out in dealing with improper "co-pay" charges going back several years.

It involved a serious effort on my part that lasted for almost two years, and a lot of "Ring Around the Rosey" finger pointing between the VARO, VAMC, the VAMC financial operation, a VA Clinic, and finally a VA "insurance audit".

A major problem was to identify and contact the proper VA person that could deal with the problem, and then convincing them to look at the details.

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.

Edited February 17, 2011 by Chuck75

[starsnstripes]

The VA call to you is a very good indication that the VA did royally screw up in handling your case. It's Hobson's choice from that point on. Do you wait to see what the VA does, and go from there - - or ask specifically for an EDD going back to the original claim.

There is valid logic behind each. Personally, I'd guess that the Atlanta VARO has decided what they are going to do, and just need to get all the boxes checked. Assuming that this is the case, "rocking the boat" might slow down the award process, and a "check in hand".

Remember that the VA has a rather poor record of getting things right, particularly the first time around. They are actually (in principal, at least) required to automatically consider the earliest EDD that can be applied.

While I believe that many combat and even other veterans suffer from some form and level of PTSD, including myself, I have no personal experience with PTSD exams. I do know that there are exam guides that the VA supposedly uses. From what I've heard, they are not always followed.

The new PTSD regs. define the VA C&P exam as the "ONLY" way to get a VA recognized PTSD diagnosis and severity level for compensation. (Don't miss the exam under any circumstances.)

If you eventually see a high rating for PTSD, then there may be another detail to think about.

Since this is the Atlanta VARO, not WACO, the chances of getting involved with the VA's fiduciary system should be much less.

If you see anything that might indicate that the VA is setting you up with an appointed fiduciary, run, do not walk to the nearest veteran's lawyer that is admitted to practice at the federal district court, as well as the VA.

I'd also consider having any direct deposits from the VA put into an account that is separate, and even in a different bank than your normal savings and checking accounts.

Under the banking laws, a direct deposit arrangement also authorizes the depositor to withdraw funds from the direct deposit account. (The original idea was to allow the depositor to "correct" an erroneous deposit.)

In an extreme case, I'd move money from the direct deposit account to the other account(s) via a cash transfer, rather than other means.

Thank you Chuck. However, I do have a question.Wht do you mean by "fiduciary"?

Getting the VA to correct a "mistake" in the VA's favor can be quite difficult, and time consuming, as I found out in dealing with improper "co-pay" charges going back several years.

It involved a serious effort on my part that lasted for almost two years, and a lot of "Ring Around the Rosey" finger pointing between the VARO, VAMC, the VAMC financial operation, a VA Clinic, and finally a VA "insurance audit".

A major problem was to identify and contact the proper VA person that could deal with the problem, and then convincing them to look at the details.

[starsnstripes]

Thank you Chuck.... B the way, wt do you mean by "fiduciary system"?

[starsnstripes]

starsnstripes - I would file under CUE. Whether it qualifies is something different but I feel if you have the evidence you could win. jmo

pr

Thank you.

[starsnstripes]

sns,

Do you have a copy of anything that the actual EOC stated or decided.

Any records at all that you can think of - it's time to rack your brain on this one.

Also, here is a link to a form to submit to VBA for PTSD due to personal assault, in case

you haven't done so yet.

STATEMENT IN SUPPORT OF CLAIM FOR SERVICE CONNECTION FOR POST-TRAUMATIC STRESS DISORDER (PTSD) SECONDARY TO PERSONAL ASSAULT

http://www.vba.va.go...1-0781a-ARE.pdf

Thank you Berta,

To answer your question. No, I was not provided anything. They took m personal journals of the documented events to use during the investigation. I was advised "verbally that everything I alleged as found to be true and validated. I was a young 21 year old scared female in over my head and assigned to an all male unit. I was the minority in more ways than one.