Proof Of Stressor

[MikeS]

Hi all:

I met a fellow vet at the va who was denied his first claim because their was no proff of a stressor.

He said the stressor was civilian casualties in viet nam.

He said that he was discharged honorably "for the convenience of the government" because his behavior had changed drastically after his return to his stateside base.

He also said that stomache pains and sleeplessness were documented after his return from nam.

What would be a good way for him to continue to fight his claim even though there is no record of those civilian deaths that he thinks about every day and dreams about almost every night.

Please help. This veteran is on the verge of accepting the va's denial.

Thanks,

Mike S.

[Guest DON20906]

What was his MOS?

Hi all:

I met a fellow vet at the va who was denied his first claim because their was no proff of a stressor.

He said the stressor was civilian casualties in viet nam.

He said that he was discharged honorably "for the convenience of the government" because his behavior had changed drastically after his return to his stateside base.

He also said that stomache pains and sleeplessness were documented after his return from nam.

What would be a good way for him to continue to fight his claim even though there is no record of those civilian deaths that he thinks about every day and dreams about almost every night.

Please help. This veteran is on the verge of accepting the va's denial.

Thanks,

Mike S.

[Berta]

Was he in support of the ops that caused the civilian casualties?

Did he witness any American casualties-or the operation that caused what he saw?

Was this an event that caused accidental deaths of civilians?There could perhaps be a newspaper article somewhere-

If he tries to find his unit on the web perhaps he could get a buddy statement-

Does he remember the name of the town or vill where this occurred?

I worked at a Vet Center as a volunteer (PTSD Combat Rap Group)and have talked to many manyNam vets over the last 20 years-

I think there is much more to his stressor situation than he wants to reveal.

He should certainly file a claim, not only for PTSD but also for the other conditions.

The drastic change in his behavior should be found in his SMRs,which he should get too-

Also on the SF 180 I think he should ask for his service personnel records too and anything (like Article 15s, Capt Mass stuff) that he might have gotten whch would show inservice trauma.

[Pete53]

I would bet that his best bet is to find someone who witnessed the event. Its my opinion that unless the soldier falls into the category of someone that VA will accept their testimony its a lot easier to pursue a secondary claim such as Depression as almost everyone who has PTSD has Depression or Panic Disorder also.

[Wings]

I would bet that his best bet is to find someone who witnessed the event. Its my opinion that unless the soldier falls into the category of someone that VA will accept their testimony its a lot easier to pursue a secondary claim such as Depression as almost everyone who has PTSD has Depression or Panic Disorder also.

I agree with Pete.

If symptoms were noted in SMR as "stomach pains and sleeplessness", and the veteran can show being treated over the years for psychosomatic symptomology, he could show a "disease or injury [mental disorder] resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein".

At some point in time, he would need to have the disease or injury properly/medically diagnosed. Proving stressor for PTSD under these circumstances might be more difficult (but do-able), than showing evidence of another or additional mental disorder. BTW, This could be accomplished through an independent medical examination!

Specifically, C.F.R. Sec. 3.303(b) Chronicity and continuity. With chronic disease shown as such in service ... so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. ... When the [chronic] disease identity is established (leprosy, tuberculosis, multiple sclerosis, etc.), there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

My 2 cents! ~Wings

[john999]

Wings

I would agree with you and Pete on this 100%. If the vet has SMR's with depression symptoms they that would be much easier than a PTSD claim years later with having to prove a stressor. Unless the soldier was in combat and has proof via a combat badge or medal those PTSD claims are not easy. You know that when you claim PTSD the VA is ready for you. When I went for my depression C&P the shrink assumed PTSD and I had to straighten him out on that right away. I did not need to prove something that was already in my records.

[MikeS]

Hi all:

The veteran was in the air force but was sent into the field at An Loc during the Easter Offensive of 1972.

He said that he witnessed a surprise attack on three female (vc ???) by the army sgt who was interrogating them.

This sgt shot and killed all three females.

Neither he or I can find anything on the record.

All we can find is in-service behavior and physical problems and article 15 and a shrink diagnosis of "social disorder" and "personality disorder". All were documented in nam and 9 months later at a stateside air base.

VA docs here say he has ptsd and major depressive disorder stemming from nam.

That's all I know for know.

Does this further info make any sense for an NOD???

Thanks,

Mike S.