ptsd Ptsd Denial

[wolfangel57]

I have been fighting for my VA benefits for 20+ years. My VA Psychiatrist wrote

a letter on my behalf stating my PTSD was Service connected. I have been treated

by the VA for nearly 10 years for my PTSD and other service related illnesses. I am only 10% service connected right now for migraines.

Washington DC has denied me 3x saying my Psychiatrists letter was heresay and she based her information only on what I have told her. If the VA is treating me fro PTSD

when why are they not compensating me for my PTSD!!

I also have Fibromyalgia, Panic Anxiety Disorder, Sleep Disorder, Endometrosis (Not cureable) Loss of a tube and Ovary while in Service, MVA on base, the list goes on.

Records are conveniently not avaliable and Washington keeps asking me for new

information to consider my claim to be re-evaluated My Psychiatrist is well-reknowned

in the field for PTSD and for them to question her expertise is appalling to me any advice?

[john999]

Keep fighting TestVet for that EED. Effective dates is the last chance the VA has to really screw a vet and they use that chance. It is all a disgrace the way they treat us. When you go back years and years for an EED or CUE they really get dumb and nasty.

[Berta]

Wolfangel -since you have been fighting the VA for 20 years-

I am sure you realize you need to have proof of the PTSD stressor.he BVA probabvly made the same point to you as within this 2010 decision.

If JSRRC couldn't find it (per the VA)I sure suggest to send JSRRC a letter asking them to verify it and give them as many details as possible as to time and place,unit etc.

Also you can access unit historys on line, as well as attempt to find a buddy for a buddy statement.

The VA's take on stressors is this:

"Service connection for PTSD requires: (1) medical evidence

establishing a diagnosis of the condition; (2) credible

supporting evidence that the claimed inservice stressor

occurred; and, (3) a link established by medical evidence,

between current symptoms and an inservice stressor. 38

C.F.R. § 3.304(f).

Furthermore, if the Veteran did not engage in combat with the

enemy, or if the claimed stressors are not related to combat,

then the Veteran's testimony alone is not sufficient to

establish the occurrence of the claimed stressors, and that

testimony must be corroborated by credible supporting

evidence. Cohen v. Brown, 10 Vet. App. 128, 147 (1997).

Accordingly, service records or other corroborative evidence

must substantiate or verify the Veteran's testimony or

statements as to the occurrence of the claimed stressor. See

West (Carlton) v. Brown, 7 Vet. App. 70, 76 (1994); Zarycki

v. Brown, 6 Vet. App. 91, 98 (1993).

Moreover, a medical opinion diagnosing PTSD does not suffice

to verify the occurrence of the claimed inservice stressor.

Cohen, 10 Vet. App. at 142. The Court of Appeals for

Veterans Claims (Court) has held that, "[j]ust because a

physician or other health professional accepted appellant's

description of his [wartime] experiences as credible and

diagnosed appellant as suffering from PTSD does not mean the

[board is] required to grant service connection for PTSD."

Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992)"

http://www4.va.gov/vetapp10/files2/1016880.txt

MANY here have had to do plenty of legwork to prove they experienced an inservice stressor even with a VA diagnosis of PTSD.

[chucknewcomb]

didnt obama sign some new law last summer making it easier to prove PTSD

[Testvet]

Chuck yes he did but that didn't mean give away the candy store there still has to be something to hang the approval on some bit of evidence other than just the veterans say so it's easier for OIF and OEF vets to get their claims thru but Nam claims are still going to be harder to get approved if you don't have the right awards or Purple Heart etc just being in Nam is not going to get you PTSD

for my 2 cents I actually think these new rules are actually going to make it harder to get claims approved now that you HAVE to have a VA shrink diagnose the PTSD and can;t use private docs to write IMOs for diagnosing new rules are not always better rules

[Berta]

Right:

http://www.va.gov/PTSD_QA.pdf

"The new rule will apply to claims:

"- received by VA on or after July 13, 2010;

- received before July 13, 2010 but not yet decided by a VA regional office;

- appealed to the Board of Veterans' Appeals on or after July 13, 2010;

- appealed to the Board before July 13, 2010, but not yet decided by the Board; and

- pending before VA on or after July 13, 2010, because the Court of Appeals for Veterans Claims vacated a Board decision and remanded for re-adjudication. "

The MOS has to be consistent with the stressor.