ptsd Ptsd/mst Denial

[lp56]

Thank you in advance for sensitivity to these questions. I entered the army in 1976 and the two years I spent in the military was nothing but sexual harassment, intimidation, sexual battery and even rape. Reporting to my superiors what was happening to me only made it worse; in fact, my superiors were very often the ones coercing, intimidating and assaulting me. It is gut-wrenching to think or speak about all the horrible things that happened to me, but I will say that I was so despondant and desperate to get out of the army and away from all the abuse I was suffering that I actually married the soldier who raped and impregnated me. Suicide and abortion were the alternatives. At the time, I made the only choice I could to survive. While married, my ex did horrible things to my children, which gave me the courage to divorce. I have been diagnosed with PTSD due to MST from several VA doctors and the C&P examiner. I have been in therapy for over 2 years. It took over 30 years to confide in a professional about what happened in the military and although I have documented all the stressors well and have many letters from family and friends and one year of psych records, I have no official police reports or medical evidence except the pregnancy to corroborate my claims. My claim was denied because the examiner said it is "unlikely" anyone would marry the person who raped them. They also said one of my journal entries said I laughed with my ex. They also said my PTSD was more likely due from my daughter being molested, which was not service connected. There was no mention whatsoever of any of the other reported MST I documented in my claim or that were in my psych records and how any of that caused my PTSD.

I plan to file a NOD, but want to make sure I do it correctly. Here are my questions about the NOD. Should I send in any additional information, such as more psych records and letter from pastor who counseled me with the NOD? The psych records document everything if someone would only read them. Should the NOD be a standard letter with the required info or should I address the reasons why they denied me? Should I have lawyer represent me or wait to see if I need to appeal further? I was really expecting a Women Veteran Coordinator to contact me because of the sensitivity of the MST claim, but I was not contacted. I am hoping someone with more experience and sensitivity with MST will review my case. I really appreciate any advice on what to do next. Thank you.

[lp56]

Four weeks ago I had my DRO hearing. At the hearing with me was a VFW representative. He was the rep that at first didn't even know anything about my case or what kind of hearing I was even having. He even told me that I was going to have a hard time winning my case when I said it was PTSD due to MST. He also admitted he doesn't have time to read each veteran's records.

However, after the hearing the VFW rep was very supportive and even appeared visibly upset (he teared up) after hearing my testimony. He was supportive of another C&P exam and told me I represented myself very well and that is how I should conduct myself during another exam. Frankly, I was quite encouraged after the hearing.

Well today I received a letter from the VFW rep that basically says that no evidence has been received from me to substantiate my claim and therefore the "the VFW officially withdraws representation on my claim." What the heck? Here are my questions:

• Do service representatives like this have access to ALL the evidence I submitted and are they qualified to determine if sufficient evidence is submitted or not? Isn't that the job of the DRO?
  
• This particular rep was very uncomfortable with MST and was disturbingly negative from the beginning about my claim so I am not shocked at his abandonment, but is this a standard practice by all veteran's reps? Do reps typically bail before a decision has even been made by the DRO?
  
• Is the rep's withdrawal a indicator that he knows what decision will be made or does he just not want to mess with this kind of claim?
  
• Are cases better won with a rep and will his withdrawal have an adverse affect on my decision? He carbon copied the VARO.
  

I have not heard one word from the DRO yet, especially since I just had my hearing a few weeks ago. Actually, I really didn't expect to hear anything for a while based on the DRO timelines I have read about. This is so depressing to say the least. So much for the VFW's help.

Edited January 11, 2012 by lp56

[john999]

IP

Your VFW rep is lame. You are better off without them. They do have access to your evidence that you submit. I think I would shop for a new rep. Do you have evidence of the MST? If you have good evidence you don't need the VFW. If you have objective evidence of the MST I don't know why VFW would bail. They should not bail anyway, regardless.

[lp56]

IP

Your VFW rep is lame. You are better off without them. They do have access to your evidence that you submit. I think I would shop for a new rep. Do you have evidence of the MST? If you have good evidence you don't need the VFW. If you have objective evidence of the MST I don't know why VFW would bail. They should not bail anyway, regardless.

I just don't know what to make of this situation, especially since the DRO hearing went so well. The VFW rep really didn't do much at my hearing except to read a statement for the record. I didn't originally chose the VFW as my rep, but ended up with them because of the initial location where I filed my claim.

My evidence of MST includes emails to and from my ex admitting to the MST, emails to and from my pastor seeking counseling for MST, many letters and cards from basic, AIT and permanent duty to parents recounting MST, my personal journal entries about MST, 2 years of mental health counseling records, and many supportive letters from family about military and MST instances, evidence of pregnancy and such. Are these all not credible alternative evidence?

The VFW rep was very uncomfortable discussing anything with me and I am sure it was difficult for him to hear my testimony. I almost feel betrayed and violated by him now, especially since he sat at my hearing watching and listening to everything that happened to me. This is the part that I am having a hard time processing right now.

Edited January 11, 2012 by lp56

[john999]

I think you may have a malpractice claim against the VFW for bailing on you. However, I would just wait until I get my decision. The DRO is going to make his/her decision regardless of who represents you. If you lose I would consider getting a lawyer.

[Ethan'sGrandma]

lp56,

I'm sorry the rep dropped you like that...mind boggling stuff!! When there are not actual "reports," it seems to be more difficult for PTSD, MST related, or so I've been told. Of course, that makes no sense since that is why they've allowed for the "alternative" evidence. True, the alternative evidence is supposed to suffice, but it still has to fit for what VA is looking for, yet it does not always happen, nor is the rule always applied across the board consistently. There have been bills introduced for MST related, but just going through the process at this point, so not definite at this point. Hopefully, you will get a favorable decision from the DRO, but if not, please do not become discouraged. From a long-term rep. that has helped many vets, including with MST related PTSD claims, the added info. that I received is that MST claims are difficult because of attitudes. Your rep sounds a lot like mine, but you are your own best advocate. At some point, you may want to consult with an attorney, depending on what decision you get. Best of luck!!

[Wings]

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If it were me, I would be angry!

Have you called him back or emailed to confirm the legitimacy of the letter? Was it an error on his part: wrong claim number, etc? I certainly would not want to work with him at all after this, even if it was an innocent mistake; these kinds of mistakes can be costly! I would want to know the by-laws of the Service Org. Perhaps you are wrongly being discriminated against due to your age or sex or religion, etc. Like I said, I would be angry!

Find a new VSO, a woman, or wing it on your own with our help! Sorry you are dealing with the VSO B.S. I had a VSO call me from another org, just a local rep that heard from a local vet I had won my claim --he called my home and called me all kinds of very bad names. It was really crazy. I reported him to headquarters and they slapped his wrist. I have never used a POA since. ~Wings