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.

[sharon]

If you are still in contact wih you ex, is it possible for him to write you a supporting statement. The statue of limitation has expired for criminal charges. This would greatly help your claim.

Section 3.304(f) of title 38, Code of Federal Regulations, entitled “Direct service connection; wartime and peacetime,” states:(f) Post-traumatic stress disorder. Service connection for post-traumatic stress disorder requires medical evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. Although service connection may be established based on other in-service stressors, the following provisions apply for specified in-service stressors as set forth below:

(1) If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.

(2) If the evidence establishes that the veteran was a prisoner-of-war under the provisions of § 3.1(y) of this part and the claimed stressor is related to that prisoner-of-war experience, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.

(3) If a post-traumatic stress disorder 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, 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. VA will not deny a post-traumatic stress disorder claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran’s service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred.

[11cvolley]

If you don't want to go the lawyer route you should get your congress or senator involved.

IDK about getting your ex to write a letter saying what he did; however, if he was in same unit as you at same time then he could write about who else assaulted you and take it that route. This I wouldn't do just because IMO there are so many ways he can hurt you and your case if he wanted to.

Whatever you do DON'T let your claim expire. I'm in the same boat as you but with a MP report of a break in. Did not report the MST at the time. From my reading on the forums and what I heard you will win your case. Just stick with it and don't give up. Its not really a matter of if you win, but when you do.

IDK if this is true but if you are homeless your case would go through the system much faster. In your case I would do no shame in you playing the system and going to a homeless shelter just so you can claim homeless. No job, no bills, or anything else that can legally tie you to a place of residency would make it easy to claim being homeless. If you live with family or friends they'd have to vouch saying you just get your mail there. Living in a car is considered homeless as well.

If you're not receiving aid from your local job and family services you should call them. It would be easier to have the lady you get help from do it. Have her explain them your situation and they can set you up to see a female staff that will take you to a private area of job and family services to fill out the paperwork. < This I have had done. IDK if every place will do this.

Edited October 12, 2011 by 11cvolley

[lp56]

My ex has gone underground so to speak. Neither my kids or myself have contact with him and even if I did, he would never incriminate himself by writing a statement on my behalf. I was going through my medical records and there is hardly anything at all. There isn't even any mention of the pregnancy. I went to Tripler Army Medical Hospital for care, so I am wondering if I need to contact them seperately for additional health records. Concerning my request for help from my command, I am not aware of any documentation that was made. Actually, any request for help from my command was turned against me. I was actually asked what I expected to happen when I joined the Army. I was asked what I expected them to do about it. I was in a unit with all men and I was warned that I was not wanted. The one time I thought I was going to get some help from my commander is the time he called me into his office to talk. The talk was about how I was getting "fatter" and how I needed to shut my mouth cause I was causing embarrassment to his unit. When I begged my First Sergeant for a profile for not marching with black rubber boots (snow at Ft. Devens) because of shin splints, he told me if I took care of him he would take care of me. There are no reports of incidents like this. The people in authority who were suppose to watch out for me were the ones I needed protection from. This just all makes me sick and feels useless because it really just boils down to my word against theirs. Even if there were fear of reprisals on any of their parts, I can't remember all the names, dates, units, etc., when everything happened. I will try to obtain additional medical records, but all I really have are statements from family, friends, co-workers and myself regarding incidences of what happened or how they affected me.

If you are still in contact wih you ex, is it possible for him to write you a supporting statement. The statue of limitation has expired for criminal charges. This would greatly help your claim.

Section 3.304(f) of title 38, Code of Federal Regulations, entitled "Direct service connection; wartime and peacetime," states:(f) Post-traumatic stress disorder. Service connection for post-traumatic stress disorder requires medical evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. Although service connection may be established based on other in-service stressors, the following provisions apply for specified in-service stressors as set forth below:

(1) If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.

(2) If the evidence establishes that the veteran was a prisoner-of-war under the provisions of § 3.1(y) of this part and the claimed stressor is related to that prisoner-of-war experience, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.

(3) If a post-traumatic stress disorder 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, 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. VA will not deny a post-traumatic stress disorder claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran's service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred.

[Wings]

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You may send any/all additional evidence up to the 11th hour --before a claim decision has been made. Yes, send the additional 1-year of MST/PTSD psychiatric treatment. The VA has diagnosed you with PTSD, and has in fact documented the "reasons" you married your abuser (pregnancy). Your "credibility" is evidenced by your willingness to seek treatment for 2 years with a consistant presentation of the disabiliy, history, etc.; this is good evidence.

Your claim is consistant with STOCKHOLM SYNDROME. If you have an educated VA adjudicator, s/he VA should fully appreciate this term: it is consistant with your MST/PTSD diagnosis.

Another tactic is to get an independant medical exam by a professional outside of the VA. Have them examine you AND your medical records (they should state they have reviewed the evidence).

With vague or scant evidence of the in-service trauma(s), you are developing your claim along alternative evidence methods (listed below in Carlie's post), and the VA's "benefit of the doubt" laws and regulations. Other Title 38 laws apply.

Letters from family and friends --before and after are often helpful.

As other's have stated: do not let your claim die and filing dates expire. Keep fighting. ~Wings

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Dr. Joseph Carver, a clinical psychologist, describes emotionally bonding with an abuser as a survival strategy for victims of abuse and intimidation. It is important to remember that Stockholm Syndrome develops subconsciously and on an involuntary basis. The strategy is a survival instinct that develops as an attempt to survive in a threatening and controlling environment. MORE http://www.rainn.org/get-information/effects-of-sexual-assault/stockholm-syndrome

Auerback, Kiesler, Strentz, Schmidt, and Serio (1994) empirically recreated a hostage situation which resulted in the formation of Stockholm Syndrome symptoms. The researchers concluded Stockholm Syndrome was a combination of defensive self-delusion and an effort to “get along” with their captors which is similar to some forms of coping such as wishful thinking or avoidance coping. http://www.studentpulse.com/articles/35/the-relationship-between-stockholm-syndrome-and-posttraumatic-stress-disorder-in-battered-women

[carlie]

Wings,

Good to see you posting : -)

I'm keeping biscotti in my Chihuahua.

[Wings]

Wings,

Good to see you posting : -)

I'm keeping biscotti in my Chihuahua.

Love you too! Save me a one of them fancy cookies ;-)

Edited October 16, 2011 by Wings