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]

No charges were brought against the ex for molestation. At the time, my daughter was so ashamed, hurt, afraid and begged me not to tell. She said she would rather die if anyone found out. She was so manipulated and brainwashed that she would be taken away and her bother and I would go to jail for not protecting her. She said she did not want, could not and would not testify in court. My ex also threatened to kill both of us if we told. The reason why my ex is undergroung is because he fears getting exposed now. It has been 14 years since the discovery and my daughter is now in her 30s with kids of her own. She says she wishes she didn't force me into keeping what he did secret. I did consult with an attorney and a friend who is also a judge. The judge did say they wouldn't have made my daughter testify. I believe the statute of limitations is expired, but I am not totally sure. I tried to take my daughter to counseling several times, but all she did was cry and she never spoke except to say he molested her since she was in kindergarten. I will keep digging and I definetely need to continue in counseling. Thank you.

Thinking out loud here:

Were charges ever brought against the perpetrator [scumbag] for child molestation? Was he brought to justice, go to court? You said he went "underground, so to speak". Wasn't he required by law to pay child support? I know there is a strict statute of limitations on bringing criminal action, have those expired?

If he was brought to court for any reason, you may be able to subpoena (through an attorney or legal aid) past arrrests, police reports, investigations, questioning, court records, etc. Does the VA have the legal authority to request a copy of your ex-husbands' military service records? I would want to know if there were ever charges or complaints from other witnesses.

Hmmmm, I would keep digging, I would appeal and keep working at this claim and keep going to counseling!

VA laws can also change or liberalize in your favor while your appeal is pending. ~Wings

[lp56]

Thank you for these resources. I appreciate your help. I have printed them out and will read them.

x

x

x

Reading ...

1) THE ARGUMENT FOR LIBERALIZING THE EVIDENTURY BURDEN FOR POST-TRAUMATIC STRESS DISORDER CLAIMS TRIGGERED BY MILITARY SEXUAL TRAUMA http://disabilityrig...-Vol-1-PTSD.pdf

2) When Rape Isn't Like Combat: The Disparity Between Combat Veterans and Victims of Military Sexual Assault in Seeking Benefits for Post-Traumatic Stress Disorder By Ben Kappelman bdkappelman@suffolk.edu

www.ncdsv.org/images/Kappelman_WhenRapeIsntLikeCombat_2010.pdf

[lp56]

Thank you for your advice, support and encouragement. I have read conflicting information about how to write the NOD and what I could include as additional evidence. I appreciate you mentioning the credibility of my PTSD triggered by MST because I often wonder if anyone who didn't experience MST would ever go through this humilating and hurtful process and counseling if it weren't true. I know I have exposed my most painful, personal and private history to total strangers, but I never realized there would be such a burden of proof to establish MST, especially since I have kept much of what happened a secret for so many years now. To be called a troublemaker, to be blamed for bringing embarassment upon my commander and the all-male detachment, to be accused of being a lesbian, to be threatened with a dishonorably discharged if I didn't shut up and quit complaining, and to listen to the rumors and gossip about me being a whore because I got "knocked up" so quickly after I arrived in Hawaii were just some of the reasons I gave up trying to getting help from the men who already betrayed me in the worst way. I will keep fighting!

x

x

x

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

~~~~~~

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...ckholm-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.studentpu...-battered-women

[Ethan'sGrandma]

lp56,

It's unfortunate what happened and now having to further be stressed about your VA claim, but stay on it, including getting that NOD in timely. As I read through the thread, it seems as if a lot of the information you have is much later than the service time, if I am reading it correctly? Do you have any information that links it to service time, such as the "alternative" evidence the VA allows for these types of claims? Have you obtained a copy of your service records, including service medical records? I note where you state you received care at an Army hospital. Was that while on active duty? I ask because my service medical records were mute for my pregnancy and delivery while on active duty for which I often wondered why that information wasn't in the records. The Army hospital will not be of any help to you due to so much time passing, but you may be able to obtain information via the National Personnel Records Center. If nothing shows up for your pregnancy and/or delivery, you may need to go through your child to obtain some information. That's what I had the presence of mind to do. My child being an adult precluded my ability to request records that were for him, but he was able to obtain the records from the NPRC for me, by asking for them himself. For sure, most of my pregnancy related issues, including delivery, were filed under his name since they were in his dependent military records as he was born in a military hospital, while I was still active duty. NPRC had them listed with his name, but my social security number. Thus, I was able to obtain some of what I'd been looking for. The same could happen for you, but your adult child needs to make the request, listing your social security number. One would be surprised what the NPRC has available, but sometimes, even they need a little help to look for it. It is important, IMO, to have as much information as possible relating back to your trauma period and the VA will not always obtain records, even if given all the information. It took me years to finally get inpatient records from NPRC that the VA never obtained and NPRC claimed to not have, but I persisted, eventually somebody did the extra and found those records for me. Additionally, did you obtain a copy of your C&P exam to know exactly how it was worded? Regarding your journal entries...you may have to resend a copy of those pages, with highlights to the other information that you say is noted there, especially about the forced sex and other pertinent issues, not just what was noted by the representative. I have found that, sometimes, they don't always read as what is written, unless it's pointed out. Mostly, don't give up on your claim and send whatever evidence you have, sending the information with certified mail, return receipt requested, so it doesn't just get lost in the shuffle. Good luck with your claim...

[lp56]

Really, the only information I have that is after the service time, is the issue with my daughter. That happened 20 years later. All of my in-service stressors happened while on active duty, but it just appears that the C&P examiner focused on the molestation. I did get a copy of my service records from the NPRC, but there was hardly anything in them. I was very surprised and disappointed that there was nothing but my entry physical exam and a few lab results. There were no pregnancy records whatsoever while I was on active duty or the time I was so sick I got confined to quarters. I never thought of obtaining records on behalf of my son. It doesn't make sense though that my active duty medical records would not contain this information. I guess I will start the hunt for these missing records. Besides the NPRC, is there any place else I need to look for records? I never thought to highlight parts in my journal, but I will resubmitt copies of them with the pertinent areas highlighted. I was thinking they didn't read everything or they wouldn't have only picked out 2 sentences to focus on. Thanks for the tip about highlighting. Should I do that with my medical records as well?

lp56,

It's unfortunate what happened and now having to further be stressed about your VA claim, but stay on it, including getting that NOD in timely. As I read through the thread, it seems as if a lot of the information you have is much later than the service time, if I am reading it correctly? Do you have any information that links it to service time, such as the "alternative" evidence the VA allows for these types of claims? Have you obtained a copy of your service records, including service medical records? I note where you state you received care at an Army hospital. Was that while on active duty? I ask because my service medical records were mute for my pregnancy and delivery while on active duty for which I often wondered why that information wasn't in the records. The Army hospital will not be of any help to you due to so much time passing, but you may be able to obtain information via the National Personnel Records Center. If nothing shows up for your pregnancy and/or delivery, you may need to go through your child to obtain some information. That's what I had the presence of mind to do. My child being an adult precluded my ability to request records that were for him, but he was able to obtain the records from the NPRC for me, by asking for them himself. For sure, most of my pregnancy related issues, including delivery, were filed under his name since they were in his dependent military records as he was born in a military hospital, while I was still active duty. NPRC had them listed with his name, but my social security number. Thus, I was able to obtain some of what I'd been looking for. The same could happen for you, but your adult child needs to make the request, listing your social security number. One would be surprised what the NPRC has available, but sometimes, even they need a little help to look for it. It is important, IMO, to have as much information as possible relating back to your trauma period and the VA will not always obtain records, even if given all the information. It took me years to finally get inpatient records from NPRC that the VA never obtained and NPRC claimed to not have, but I persisted, eventually somebody did the extra and found those records for me. Additionally, did you obtain a copy of your C&P exam to know exactly how it was worded? Regarding your journal entries...you may have to resend a copy of those pages, with highlights to the other information that you say is noted there, especially about the forced sex and other pertinent issues, not just what was noted by the representative. I have found that, sometimes, they don't always read as what is written, unless it's pointed out. Mostly, don't give up on your claim and send whatever evidence you have, sending the information with certified mail, return receipt requested, so it doesn't just get lost in the shuffle. Good luck with your claim...

[Ethan'sGrandma]

Hello There lp56,

If you can, check your pm...