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Please Help ! Ptsd C & P Next Week

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starsnstripes

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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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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.

When inquired on the possibility of locating the EOC individuals assigned to my case, so that I could secure statements. I was advised that they were either retired orhad PCS'd.

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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.

SS..Thank you Carlie.

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You got very good advice here-from everyone.

As Carlie asked:

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

And did this information specifically prove your inservice nexus for the PTSD claim?

'When inquired on the possibility of locating the EOC individuals assigned to my case, so that I could secure statements. I was advised that they were either retired orhad PCS'd.'

Have you googled them or accessed your unit's web sites to try to find them?

I am familiar with Federal EEOC laws post service-as my husband had a EEOC case against the VA.

I dont understand this part

"locating the EOC individuals assigned to my case, so that I could secure statements."

I was able to FOIA the EEOC-VA and obtain all testimony and all statements by co workers etc that occurred in my husband's EEOC case.

But before trying to d all that-

I agree with John-

"If I were you I would wait for my rating to see what your effective date will be. Then I would take what Berta has posted and use this as the basis for an earlier effective date. If I did not get the earliest date I would take my case to a VA lawyer."

This concerns me:

"there is no record of PTSD as the result of sexual harrassment/assault while on AD showing a chronic disability subject to SC"."

Were you diagnosed with PTSD at that time?

Did you get a C & P exam at that time?

After you have the recent C & P , obtain the results of that as it might help give some better idea of what the VA will do regarding the PTSD claim.

Was your claim filed on the form Carlie linked to?

If not did it cover the same criteria of the VA form?

This is good evidence:

"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."

It might be enough for them to make an award.

Then the EED can be challenged.

Edited by Berta
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