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Ptsd Claim Denied - TRIGGERS

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Winter

Question

I'm so upset right now, I can scream. I want to run, cry, shout, and then curl up and bed and sleep a few weeks. If I sound distressed, I am. The sad part is I feel like I'm being violated all over again. It's been approx 20 years since my stressor occurred. I was assaulted while asleep in the barracks. Let me first state that I was in the Army Reserve, and on annual training when this happen. I didn't know the guy, nor had I ever seen him before. I do know that the MP's apprehended him the same night. Apparently I was taken to the hospital, I have no memory of what happen after the incident. The next thing I remember was taking a polygraph. I'm sure of the results, but I do know I was threatened verbally and physically by military personnel. While I've tried to maintain a normal life, this incident has haunted every aspect of my life. For you see, I never knew if this guy was prosecuted. I do know that I was never contacted for a court hearing. I was too afraid to ask "did you all prosecute this assaulter?" My self worth suffered some many years, in so many ways. I finally filed for compensation, and while my CMP examiner agreed with the diagnosis from my doctor, I was denied. I received a call a few days ago, the examiner informed me that they coudn't find my orders for this duty station. I didn't have them after all this time, this was the reason for my denial. Do anyone have any suggestions how I could go about getting my orders from so long ago. I requested all of my military records. and no orders are there. A military comrade has a copy of those orders, but she refuse to give me a copy. Please tell me what can I do?

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  • HadIt.com Elder

Get a lawyer would be my suggestion to take some of this stress off you. When did you get your actual denial in writing for PTSD? You have one year to file a notice of disagreement. The military broke so many rules I don't know where to start. They obviously treated you as a criminal instead of a victim.

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Get a lawyer would be my suggestion to take some of this stress off you. When did you get your actual denial in writing for PTSD? You have one year to file a notice of disagreement. The military broke so many rules I don't know where to start. They obviously treated you as a criminal instead of a victim.

Thank you so much for your reply. Yes, I was treated like a criminal, and that make it so much harder to bear. I received the decision just yesterday, and I feel like they're deliberately with intent continue to de-value my life. I am valuable, and while I know it, I must continuously remind myself. I know there are many others, but it seems I've suffered so long. Peace and Blessings to you.

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First let me offer agreement with the feeling of injustice.

Believe it or not this can happen to men as well, I did not use THAT as my PTSD claim, as I was boots on the ground. Combat related

Pursue it as best you can.....My sympathies, Don't give up.

Ron

I'm so upset right now, I can scream. I want to run, cry, shout, and then curl up and bed and sleep a few weeks. If I sound distressed, I am. The sad part is I feel like I'm being violated all over again. It's been approx 20 years since my stressor occurred. I was assaulted while asleep in the barracks. Let me first state that I was in the Army Reserve, and on annual training when this happen. I didn't know the guy, nor had I ever seen him before. I do know that the MP's apprehended him the same night. Apparently I was taken to the hospital, I have no memory of what happen after the incident. The next thing I remember was taking a polygraph. I'm sure of the results, but I do know I was threatened verbally and physically by military personnel. While I've tried to maintain a normal life, this incident has haunted every aspect of my life. For you see, I never knew if this guy was prosecuted. I do know that I was never contacted for a court hearing. I was too afraid to ask "did you all prosecute this assaulter?" My self worth suffered some many years, in so many ways. I finally filed for compensation, and while my CMP examiner agreed with the diagnosis from my doctor, I was denied. I received a call a few days ago, the examiner informed me that they coudn't find my orders for this duty station. I didn't have them after all this time, this was the reason for my denial. Do anyone have any suggestions how I could go about getting my orders from so long ago. I requested all of my military records. and no orders are there. A military comrade has a copy of those orders, but she refuse to give me a copy. Please tell me what can I do?

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The MPs would have had to file a report. Have the VA request the morning reports from that period of time. They are responsible for getting any records that are in the custody of a government agency. Also contact the Military Sexual Trauma (MST) coordinator at your Regional Office or VA Hospital for further assistance.

"Don't give up. Don't ever give up." Jimmy V

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The MPs would have had to file a report. Have the VA request the morning reports from that period of time. They are responsible for getting any records that are in the custody of a government agency. Also contact the Military Sexual Trauma (MST) coordinator at your Regional Office or VA Hospital for further assistance.

Sharon thank you for your response. Military reports, and hospital documents was included. What I didn't have was the original group orders. I've tried to contact the company, but 282nd Aviation Batallion no longer exists. If you know of any statues that states the VA is responsible for obtaining any records from the custody of a government agency, please share this me. I have requested les documents from this period, and am awaiting these.

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Sharon thank you for your response. Military reports, and hospital documents was included. What I didn't have was the original group orders. I've tried to contact the company, but 282nd Aviation Batallion no longer exists. If you know of any statues that states the VA is responsible for obtaining any records from the custody of a government agency, please share this me. I have requested les documents from this period, and am awaiting these.

Winter,

It would be of utmost importance for you to submit in writing to VBA, exactly what information

you want them to get and where it would be located.

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.159.pdf

§ 3.159 Department of Veterans Affairs

assistance in developing claims.

(b) VA's duty to notify claimants of necessary information or evidence.

(1)

When VA receives a complete or substantially complete application for

benefits, it will notify the claimant of any information and medical or lay

evidence that is necessary to substantiate the claim (hereafter in this paragraph referred to as the ''notice'').

In the notice, VA will inform the claimant which information and evidence, if any, that the claimant is to provide to VA

and which information and evidence, if any, that VA will attempt to obtain on behalf of the claimant.

The information and evidence that the claimant is informed that the claimant

is to provide must be provided within one year of the date of the notice.

If the claimant has not responded to the notice within 30 days, VA may decide

the claim prior to the expiration of the one-year period based on all the information and evidence contained in the file,

including information and evidence it has obtained on behalf of the claimant and any VA medical examinations or medical opinions.

If VA does so, however, and the claimant subsequently provides the information and evidence within one year of the date of the notice,

VA must re-adjudicate the

claim.

(Authority: 38 U.S.C. 5103

Carlie passed away in November 2015 she is missed.

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