ptsd Ptsd Cannot Verify Stressor

[wifeofvet]

Forgive my ignorance here. I'm still learning. My husband is being treated for PTSD/Depression thru VA psychiatrist. He is on SSDI for anxiety disorder. But I'm afraid he cannot prove his stressor. He doesn't have any combat medals or ribbons. He did serve in a combat zone. We did manage to get a newspaper article on the supposed attack (the stressor) and a buddy letter but I'm told that it's not good enough. I realize now that we should have put in a claim for Depression the same time we put in for PTSD. Can he put in another claim for PTSD and Depression or put in a new claim for depression? We haven't gotten a response on the PTSD claim yet but without a stressor, we are not looking at an approval. What sort of evidence would we need for a depression claim?

[scscrewed]

PTSD is acute stress disorder that last beyond a month that is what DSM IV says. That's what they VA say they go by, so if he was diagnosed with acute stress disorder in service and the VA doc is saying that this is the same thing. Then hopefully if this goes bad with the rater the appeal will be in favor of the veteran, because the benefit of the doubt goes to the veteran, the VA doc says it's PTSD from the extension of acute stress disorder and acute stress disorder was diagnosed in service.

Wife, I read the other forum, don't worry about them, if your husband was diagnosed with Acute Stress Disorder in service and this lasted and the VA doctor said this is where the PTSD came from. Then put the stressors you have, which isn't much. Have the doctor write out a hell of an opinion of why it is that way, use the medical records with the evidence of the diagnosis of acute stress disorder --WHICH HAS THE SAME REQUIREMENT OF A STRESSOR that PTSD has, that's what the DSM-IV says. Then the military thought there was evidence of the stressor to diagnose acute stress disorder

I don't know maybe something up there is coherent enough that it makes sense.

[wifeofvet]

Wifeofvet do you see the profound difference in the two forums? One provides encouragement. The other of plaints of the absurdity of the claim and the stories told by your ill husband. I don't have a crystal ball, but hopefully you guys can get something rated whether it's PTSD, depression, or anxiety. Good luck

Thanks sccrewed. People of this forum have all been wonderful teachers. I still have soooo much to learn.

[wifeofvet]

PTSD is acute stress disorder that last beyond a month that is what DSM IV says. That's what they VA say they go by, so if he was diagnosed with acute stress disorder in service and the VA doc is saying that this is the same thing. Then hopefully if this goes bad with the rater the appeal will be in favor of the veteran, because the benefit of the doubt goes to the veteran, the VA doc says it's PTSD from the extension of acute stress disorder and acute stress disorder was diagnosed in service.

Wife, I read the other forum, don't worry about them, if your husband was diagnosed with Acute Stress Disorder in service and this lasted and the VA doctor said this is where the PTSD came from. Then put the stressors you have, which isn't much. Have the doctor write out a hell of an opinion of why it is that way, use the medical records with the evidence of the diagnosis of acute stress disorder --WHICH HAS THE SAME REQUIREMENT OF A STRESSOR that PTSD has, that's what the DSM-IV says. Then the military thought there was evidence of the stressor to diagnose acute stress disorder

I don't know maybe something up there is coherent enough that it makes sense.

Yes his VA doc told my husband that acute stress disorder is the beginning stages of PTSD. I'll point that out that we would like him to state that in the nexus. HIS acute stress disorder led to HIS PTSD today. I've been looking in his records to see if I can find where Madigan came up with the diagnosis of acute stress disorder but I don't see any mention of why they came up with that diagnosis. Thank you again.

[wifeofvet]

Sorry guys, I cannot figure out how to attach the letter. I'll write it out for you: "Your were previously denied service connection for post traumatic stress disorder. You were notified of the decision on April 16, 2010. The appeal period of that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence. Your claim was previously denied because a review of you service treatment records was negative for any treatment, complaints, or diagnosis of post traumatic stress disorder. The evidence does not show that you meet all of the requirements for service connection. Therefore, the evidence you submit must be new and relate to this fact."

He was in PLDC school in March 2005. When he came back for Iraq, we passed the PTSD test screening in Oct 2005 and again in Nov 2005. They gave him a diagnosis of PTSD/MDD Aug 2006. He has been seen by 2VAMC Portland OR and VAMC Daytona Beach, Also has IMO that he seen in Portland OR. He also have a perm profile with PTSD. (that for some reason was changed but I don't want to get into that. The profile was permanent not temporary) He was denied by Washington State RO. When we moved to Florida, he finally shared his stressor, and we reopened the case with new evidence. We have submitted:

* VAMC Daytona Beach FL Psychiatrist Diagnosis of PTSD/Depression

* His Stressor Letter

* Buddy stressor letter

* Dr, notes with up'd meds

Should I now send them the reports for PLDC school? I would think they have this. I would feel better if I had the stressor that the school used to diagnosis him with ASD. Any ideas on how I can find out what stressor they based their diagnosis on?

[carlie]

wifeofvet,

I think you need to look over his discharge / separation papers more thoroughly.

Also, did he receive any separation pay ?

There is a rule or reg that if a service member is medically discharged with a diagnosis of

PTSD - the service member is supposed to start out with 50% SC for it and then after I think

six months - be re-examined/ re-evaluated.

I'm tired and can't find it now.

Also - all of the below is for your research.

Hope this helps a vet.

Go to the link below - scroll down and click on Section D :

http://www.benefits....MS/M21_1MR4.asp

Subpart II - Compensation

Chapter 1 - Development

Table of Contents

6/6/11

Section A - Developing Compensation Claims

3/20/11

Section B - Claims for Service Connection for Radiogenic Diseases Under 38 CFR 3.309(d)

9/15/11

Section C - Claims for Service Connection for Disabilities Resulting from Ionizing Radiation Exposure Under 38 CFR 3.311

9/15/11

Section D - Claims for Service Connection for Post-Traumatic Stress Disorder (PTSD)

6/6/11

- - - - - - - - -

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=b5faccfe6f72427d7988b021a8dda4ec&rgn=div8&view=text&node=38:1.0.1.1.4.1.66.112&idno=38

§ 3.304 Direct service connection; wartime and peacetime.

(f) Posttraumatic stress disorder. Service connection for posttraumatic 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. The following provisions apply to claims for service connection of posttraumatic stress disorder diagnosed during service or based on the specified type of claimed stressor:

(1) If the evidence establishes a diagnosis of posttraumatic stress disorder during service and the claimed stressor is related to that service, 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 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.

(3) If a stressor claimed by a veteran is related to the veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of posttraumatic stress disorder and that the veteran's symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor. For purposes of this paragraph, "fear of hostile military or terrorist activity" means that a veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the veteran or others, such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the veteran's response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness, or horror.

- - - - - - -

http://www.va.gov/vetapp11/Files1/1105333.txt

Psychiatric Disability

In addition to the general requirements for service connection,

service connection for PTSD requires: (1) medical evidence

diagnosing this disability in accordance with 38 C.F.R.

§ 4.125(a); (2) medical evidence of a link between current

symptomatology and the claimed in-service stressor; and

(3) credible supporting evidence that the claimed in-service

stressor actually occurred. 38 C.F.R. § 3.304(f) (2010). Under

§ 3.304, part (1) deals with a situation where PTSD is diagnosed

during active duty service and part (2) covers a situation where

the evidence shows a veteran served in combat. Id. Parts (4)

and (5) address prisoners of war and allegations of in-service

personal assault.

As for part (3) of § 3.304, effective July 13, 2010, VA amended

its adjudication regulations governing service connection for

PTSD by liberalizing, in certain circumstances, the evidentiary

standard for establishing the required in-service stressor. See

75 Fed. Reg. 39843 (July 13, 2010). The final rule amends

38 C.F.R. § 3.304(f) by re-designating current paragraphs (f)(3)

and (f)(4) as paragraphs (f)(4) and (f)(5), respectively, and by

adding a new paragraph (f)(3) that reads as follows:

(f)(3) If a stressor claimed by a veteran is related to

the veteran's fear of hostile military or terrorist

activity and a VA psychiatrist or psychologist, or a

psychiatrist or psychologist with whom VA has contracted,

confirms that the claimed stressor is adequate to support a

diagnosis of [PTSD] and that the veteran's symptoms are

related to the claimed stressor, in the absence of clear

and convincing evidence to the contrary, and provided the

claimed stressor is consistent with the places, types, and

circumstances of the veteran's service, the veteran's lay

testimony alone may establish the occurrence of the claimed

in-service stressor.

For purposes of this paragraph, "fear of hostile military

or terrorist activity" means: that a veteran experienced,

witnessed, or was confronted with an event or circumstance

that involved actual or threatened death or serious injury,

or a threat to the physical integrity of the veteran or

others, such as from an actual or potential improvised

explosive device; vehicle-imbedded explosive device;

incoming artillery, rocket, or mortar fire; grenade; small

arms fire, including suspected sniper fire; or attack upon

friendly military aircraft, and the veteran's response to

the event or circumstance involved a psychological or

psycho-physiological state of fear, helplessness, or

horror.

[scscrewed]

Should I now send them the reports for PLDC school? I would think they have this. I would feel better if I had the stressor that the school used to diagnosis him with ASD. Any ideas on how I can find out what stressor they based their diagnosis on?

Your husband would know the stressor they based that diagnosis on. He should know who his physician or mental health docs are, so if he doesn't have those notes, try to get those notes. Or, contact those individuals. You should contact whomever --and I am no grammarian so I don't know when to use 'whomever' or 'whoever'-- you believe can help substantiate the claim. Medical records are important.