ptsd Wife And Caregiver Of Totally Disabled Vet

[Caregiverjc]

My husband is a Vietnam vet. He applied for PTSD 3 years ago and has been denied. He appealed, had another exam about a year ago, still waiting to heal. We are sure that they chalk his PTSD to his other condition. A little history: Over 20 years ago my husband was in an accident and suffered a severe brain injury. The catastrophic injury has left him in a wheelchair and I have to take full care of him. He has severe short term memory problems and needs help with every daily existence. He has no VA benefits because of the, I think 2003 law change about qualifying. I think he can qualify for housebound but not sure. My question is should he wait until we hear about the PTSD claim or start a new claim in the other direction. I would like some advice on what to do and where to start. This is all new for me and my husband isn't able to help. If anyone can help I so would appreciate it.

[Berta]

Yes, it always possible there could be more here then the PTSD issue.

As I understood this topic, your husband is still awaiting a decision as he appealed the denial but you feared he could be denied again.It is difficult to know what the next decision will be and whether your response to their SOC covered all potential arguments with the decision.

I suggest your husband contact the PVA (Paralysed Veterans of America) for representation.

PVA was on the Federal Circuit Court brief along with NOVA and other Vet orgs to fight the unfair nature of the new PTSD diagnosis criteria, that in my opinion, has victimized him enough not to be able to try to obtain and offer his own independent medical opinion of a PTSD diagnosis.

Full Federal Circuit opinion available at

(http://www.vawatchdog.org/uploads/10-7136.pdf )

This is PVA service officer contact info link:

http://www.pva.org/site/c.ajIRK9NJLcJ2E/b.6452325/k.A0ED/Chapters_and_NSOs.htm

In the 2010 report to Congress that Chairman Terry prepares (their 2011 report is not available yet)

PVA had a rate of 29% of allowed claims they represented,decided by BVA in 2010 , which was only beaten by AMVETS,at 30.6 % and MOPH at 30.9 %.

The DAV was at 29.6 %

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2010AR.pdf

They might be the best vet org to represent your husband,not only due to their enjoining of the NOVA petition but the fact that they deal with catastrophic issues of both physical and mental disability.

I laid out here what I see as the main argument at this point -and the next VA decision and the veteran's complete medical records and C file would reveal the best way for the PVA or for any vet org he chooses-to challenge their denial of the PTSD diagnosis.

VA needs to consider him as a NSC TBI vet with SC PTSD and I do not see anything in the posts that showed they did but that is because they say he doesn't have symptoms that would render the PTSD diagnosis so this is probably why they might not have given him more testing.

But VA should have at least given him the MMPI combat tests. Did they?

I know combat veterans who don't have PTSD or any symptoms of it.It is possible -but with his MOS and the VA's concession of his stressors, it is highly likely he does have SC PTSD.

Any good vet rep can develop a good plan of attack on this claim ,that is based on their knowledge of the actual medical records to include the SOC and the actual C & P exam results.

They will need copies of any vet center records and documentation of the prior diagnosis of PTSD from a VA MH counselor that you mentioned.

I assume that diagnosis was solely based on his service ecperiences.

Unreprented claimants at the BVA had a 21% award rate in 2010.I was one of those claimants.It shows many of us dont do too bad at the BVA by ourselves but ,on the other hand, it means 79% unrepresented didnt do as well there.

[Capt.]

Hello Caregiver and Berta,

Caregiver ,....... Berta has really given you some strong help and advice. Her experience here on this subject is from her own , still continuing saga of doing battle with the VA. I would utilize her experience and try to go after the appeals process with some type of battle plan and a Rep.

There is something I believe it appears the VA has done and Berta has commented on it and I think you may be able to do.

It appears the VA has given a decision on the PTSD and linked it to the NSC after service Helicopter Crash. This of course is a huge cast and blast opinion, which should not hold up in court and is very arguable. You have to separate the 2 ,,,,the PTSD from the TBI.

I can see why the door got open for this denial . When your husband STOPPED going to the PTSD groups and therapy sessions with the counselor , it was noted in the VA Statement of Claim and their denial. (from what you posted). This is not good but can be dealt with. Though I do not see this as giving the VA solid ground to use that , I do see another door opened for you, as Berta pointed out.

The facts are that he that he served in Vietnam

That he has proven combat record thru awards and medals

That he sought help and treatment for PTSD symptoms.

That VA denied his claim for PTSD and rule it NSC . Showing his PTSD and TBI relating to the after service Helicopter Crash.

Ok ,,,, simply put ,,,,, you have to get the 2 separated ,,,,,that their is no relationship from the NSC TBI to the PTSD which showed some manifestation before the crash. You do have enough in the record to use this to your advantage. Remember that he did seek help and the examiner was NOT THE treating counselor/doctor. Even if the treating counselor or doctor gave him unfavorable progress reports notes during his visits to the help groups and counselors BEFORE HE STOPPED, it is still possible he has PTSD. I think Berta may have pointed it out.

I would also make sure he does not have any of the diseases on the Presumptive list of AO. If he does I would file a claim for that to start your process on these new issues. Just a note on a few of them....IHD/CAD/Atherosclerosis...... Diabetes II , Periperal Neuropathy, Chloracne, B Cell Leukemia, Parkinsons. Most Cancers including Prostate and their are more that I have not listed but you can get from this site that are Archived.

I believe Carlie pointed out that after your decision you can get the C and P from the Regional Office as it will be part of the C file and not in the Medical file. I am dealing with this issue also but your ahead of me on this one.

Please hang in there and try to keep your deadlines in order .....above all NEVER GIVE UP. God Bless, C.C.

Edited January 29, 2012 by Capt.Contaminate

[Caregiverjc]

I would like to thank every one for their thoughts and advice. I have a lot of information to digest and look into. To answer some of the questions, no my husband was not given any psychiatric or neuropsychiatric testing through the VA. The only help we have had is through our local Veterans Service Office. She filed the original claim for PTSD but honestly didn't tell us what to expect. She made an appointment for us with a VA counselor pretty much in that order. We didn't hear from her again until we called her to let her know the claim was denied. We went to see her again and she sent the appeal. So as you can see we have been flying blind. I think we are in over our heads and need help.

My husband went to the counselor for about a year and he suggested that my husband joins a weekly group meeting with a group of vietnam vets. Since he can't drive, I was more than happy to take him because I was hopeful that it would be good for him to be with other vets. He was the only officer in the group and they treated him with respect but because of his disability he didn't feel like he fit in. About 4 months ago he stopped going.

As I stated before, the first exam he had was at the Palo Alto VA hospital. A very young doctor talked to him for about 30 minutes than asked him to leave the room and wanted to talk to me. By her questions to me, I felt her main concern was his disability not the reason he was there. About 10 months later he got the denial letter. In January of last year he went to another exam in Palo Alto and this time, different examiner, they had me go into the room while they asked him the questions. In April of last year, he received a letter from the VA that stated they were going to forward his information for review from a VA Physician or VA Psychiatrist for review. That is the last we have heard from the VA.

[Pete53]

Group should help your husband. Veterans don't really care much about rank even if he is an officer. I am kidding but serious at same time.

If you can encourage him to go back or try something else but doing nothing is not a good way to get better.

[Caregiverjc]

Now that I see my husband needs help with his VA claims my question is should we seek help now or wait to see what is the outcome of his appeal? Just would like to know if anyone has an opinion on the best way to handle this. We are open to ideas and advice. Thank all of you for your support......

[Capt.]

Hello Caregiver,

I like what Pete said..... the group should help him ...... Maybe he should start back there. Its just like all of us.....even here at Hadit . We are all trying to help each other......LEAVE NOONE BEHIND.

I am still concerned that your husband may have some underlying diseases that he or maybe you have not brought up yet or even to yourselves. Does he have any other medical problems ?

As far as what to do next you pretty much have to wait on the VA to render some type of decision if I am reading your post correctly. If you are in an important decision mode you don't want to stall it or move it down the list because of something that could maybe wait until that decision then file another claim for instance.

I would get geared up ready for when you do to have a lawyer get involved as it is now getting technical with what the VARO has already said in their last denial.

At any event NEVER GIVE UP. God Bless, C.C.