ptsd Mst At Court Of Vet Appeals

[john999]

I was looking to see if any action had happened lately on my case at the Court of Vet Appeals. I saw that my lawyer is doing a case for a male vet who claims he was raped by his 1st Sgt. in 1969. The BVA denied his claim for PTSD in 2003 saying they only had his word for this MST. It is an interesting and shocking case. My lawyer is Karl Kazmierzak. It seems the rape ruined this kid's life and now he is an older man and still suffering. The victim says he was threatened if he did not keep his mouth shut. He claims the Sgt got him drunk at his house and then attacked him. His parents did say there was a drastic change in his behavior when he got out of the army. There are no SMR's to back up his claim. I wonder what his chances are? He has medical records from 2003 where he claims this happened to him. How do you win a claim almost 40 years after the fact based on only your word and the word of your parents? My lawyer took the case to court, so he must think there is a chance. I see the difficulty in MST if it is not reported and there is no medical exam.

[brokensoldier244th]

The fees, and anecdotal comments in another forum on an unrelated topic were probably what contributed to that. I am corrected, and good luck with his case.

[broncovet]

I will add this: I have a copy of the Veterans Benefit Manual. While I can not cite where, there is something that says, to the effect, that a Veterans testimony can not be discredited "just because he is an interested party". Further, they have said that a Veteran is competent to report certain symptoms (I would guess that a rape would be included in this), but he is not qualified to give a diagnosis. A rape is not a diagnosis, but it certainly could be a "stressor event". The VA has (supposedly) relaxed the rules on a stressor event for PTSD. And, I will hypothesize that MST would be somewhat similar to PTSD in that both have a "stressor event". I think mental disorders are all rated the same..whether they are PTSD, depression, MST, etc.

I think it is very good news for you that a lawyer is handling your case. It indicates HE thinks you will win, and is betting his own money on it, since he will have to invest his time and money into your case and may not get a dime if he loses.

JMHO

[john999]

I read "Cushman v Shensiki" 2008-9. This guy seems to have won his cue because the VA included forged documents in his records that resulted in his denial. The guy has been fighting this case for at least a couple of decades. It is similar to my case because the facts that should have been before the RO were not there. His case was remanded back to the BVA which has denied him before. When you get your claim denied by the BVA don't give up because if they can deny a claim with forged documents they can deny anything. He wanted his denial reversed but it was only remanded. How can a vet get a fair hearing if his records are altered and forged? Is there any question this is a CUE. The BVA claimed that even though there were forged records in his file the VA may have based their decision on the non-altered records. What logic? Where are reasonalbe minds? You can look up my claim at the court under John T. King 10-3248. This was a decision in 1973 when I was a basket case. I got 10% because the VA excluded my doctor's report from the decision and relied completely on a VA doctor's notes. The BVA admits my doctor's report was excluded but they say NO CUE because my evidence is not "undebateable". I am 100% better than I was then and I have been TDIU for ten years.

[deltaj]

John, My husband had a similar situation in 1974 where V.A. considered a consultation referral sheet from the doctor but didn't consider the doctor's report. I am not even sure this doctor's report from 30 years ago still exists but I know this evidence was in the custody of the Secretary of Veterans Affairs.

[Wings]

John,

The above is what gets most claims for PTSD or other mental health diagnosis, due to active duty

MST denied.

There is a specific reg with instructions where the claimant can submit specific evidence

that the VBA is supposed to consider under an Alternative Evidence reg.

The specific Alternative Evidence is:

If a PTSD claim is based on in-service personal assault, evidence from sources other than the veteran's service records may corroborate the veteran's account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. 38 C.F.R. § 3.304(f)(3).

The problem with even having Alternative Evidence is inherit with the fact thatthe MST is not reported !Most MSTer's don't go to a doctor, clergy, a rape center, they don't confide in anyonedue to the feelings of fear, retribution,shame and guilt.

Many of them put so much energy into acting OK, as if nothing has happened, in orderto try and protect themselves.

I can only post this as I live/ed with this and know it first hand.

I did converse with my Godmother on the phone about it in 1978 - and even though she wrote and submitted a notarized statement to the VBA for one of my DRO Hearings in the mid 2000's and drove to my town and provided sworn testimony at one of my BVA Hearings in 2008/2009,

the adjudication decisions/SOC's and SSOC's have listed these two submissions for support in the Evidence Sections, neither of these have ever been shown as discussion in the Reasons and Bases Sections of any Decision.

My mother, father and ex-boyfriend all submitted written testimony; these documents were never cited into evidence. I do not exactly know which piece of evidence they used to determine SC. `Wings

[Pete53]

Wings

You really do need a copy of your C File and I think the Col and Meg helped more than any will ever know.

Good luck I remember I even wrote something for you