Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
Tbird

Mst Is An Experience. It Is Not A Diagnosis. Your Claim Will Be For Ptsd Most Likely.

Question

It's important to remember that MST is an experience. It is not a diagnosis or a mental health condition in and of itself.

The claim you will file will mostly likely be for PTSD, MST is one of many causes of PTSD that our veterans face. Most likely a claim for PTSD, however it could be claim for Major Depressive Disorder MDD. Don't get yourself to wrapped up in labels while working your claim, 50% for PTSD pays the same as 50% for MDD. Remember the VA will compensate but they won't validate you.

This forum was set up because when filing a claim for PTSD because of MST there are several very specific items to these claims as far what can be considered evidence and so on.

My biggest concern is that some may come to this forum for some therapy work and it is not designed for that. There are other good sites out there

http://www.vetwow.com and http://ptsdforum.org they deal more with the working through the trauma. We are ill equipped to help anyone work through their trauma, so if you need to do trauma work please seek a resource that has the tools to do this for you.

A note about Validation versus Compensation Below:

This is not meant to sound harsh, just a hard lesson I had to learn and it took me a long time. It's just the way it is.

Validation you get from your therapists, your brothers and sisters here, your friends and your family. Compensation you get from the V.A. don't confuse the two, you can waste a lot of energy trying to get the V.A. to validate your feelings that you've been screwed, it's been my experience that it is not going to happen. Work on your claim for compensation in a methodical, detailed way, go to therapy, talk to your family, yell at the top of your lungs with your car windows closed. Then come back to your claim for compensation and it work it methodically, sharpening, sharpening, always sharpening your claim. The V.A. will hardly ever make you feel validated, I know sometimes we want to jam it down their throats until they get a taste of it themselves, metaphorically speaking, that is. It's a waste of energy I say. When working the claim focus on the mission at hand. The mission is to receive compensation for the disability that you incurred or was aggravated by your service.

As for validation, you get it where you can, it never feels quite like anybody gets it to me, of course I'm still in therapy…so what do I know.

If you really want to aggravate the V.A. help another veteran get their ducks in a row.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I get it now. I just dont know how ou r ptsd from mst is different that combat ptsd. Other than it being aimed at maybe men for being men.what is the diff, can anyone say.

Also I notice I went twenty years before bringing up the assault in a claim. Listed everything else first, one and two issues literally at a time, BEFORE being desperate enough to say what I had wanted to say all along, and it STILL wasnt good enough.

I listened to progam last nigt some, missed some. When is a good time to bring up an issue with C.u.e.. Just adress all my issues at once.

What if I need just a copy of my denials and nothing else. Hope this makes sense. M.

Share this post


Link to post
Share on other sites
  • 0

I get it now. I just dont know how ou r ptsd from mst is different that combat ptsd. Other than it being aimed at maybe men for being men.what is the diff, can anyone say.

Also I notice I went twenty years before bringing up the assault in a claim. Listed everything else first, one and two issues literally at a time, BEFORE being desperate enough to say what I had wanted to say all along, and it STILL wasnt good enough.

I listened to progam last nigt some, missed some. When is a good time to bring up an issue with C.u.e.. Just adress all my issues at once.

What if I need just a copy of my denials and nothing else. Hope this makes sense. M.

PTSD is not different from combat or MST. However there are things you can use for evidence that are specific to MST. Like a STD, or an Article 15 or you evaluations drop real low or go real high. Perhaps you didn't report, but did write a letter, tell a friend, talk to chaplain. Perhaps you started having a lot of unexplained health problems. I think these are thing's MST survivors male or female may be different in where to look for evidence and what to look for. If you reported it, there will be a paper trail.

Share this post


Link to post
Share on other sites
  • 0

http://www.va.gov/vetapp11/Files4/1133431.txt

Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.

Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and VA regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid. 38 C.F.R. § 3.303(d) (2010).

For the showing of chronic disease in service, there must be a combination of manifestations sufficient to identify the disease entity and sufficient observation to establish chronicity at the time.

If chronicity in service is not established, evidence of continuity of symptoms after discharge is required to support the claim. 38 C.F.R. § 3.303(b) (2010).

Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a) (i.e., under the criteria of DSM-IV); 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. 38 C.F.R. § 3.304(f) (2010).

In cases involving a claim of entitlement to service connection for PTSD based upon personal assault, after-the-fact medical evidence can be used to establish a stressor.

Bradford v. Nicholson, 20 Vet. App. 200 (2006); Patton v. West, 12 Vet. App. 272 (1999).

Because the Veteran is alleging personal assault, the special provisions of

VA Adjudication Procedure Manual M21-1 (M21-1), Part III (Feb. 20, 1996), regarding personal assault must also be considered.

The Manual identifies alternative sources for developing evidence of personal assault, such as private medical records, civilian police reports,

reports from crisis intervention centers, testimonial

statements from confidants such as family members, roommates, fellow service members, or clergy, and personal diaries or journals.

M21-1, Part III, 5.14c(4)(a). When there is no indication in the military record that a personal assault occurred, alternative evidence,

such as behavior changes that occurred at the time of the incident,

might still establish that an in-service stressor incident occurred.

Examples of behavior changes that might indicate a stressor include (but are not limited to): visits to a medical or counseling clinic or dispensary without a specific diagnosis or specific ailment; sudden requests that a military occupational series or duty assignment be changed without other justification; lay statements indicating increased use or abuse of leave without apparent reason; changes in performance or performance evaluations;

lay statements describing episodes of depression, panic attacks or anxiety with no identifiable reasons for the episodes; increased or decreased use of prescription medication; evidence of substance abuse;

obsessive behavior such as overeating or undereating; pregnancy tests around the time of the incident; increased interest in tests for HIV

or sexually transmitted diseases; unexplained economic or social behavior changes; treatment for physical injuries around the time of the claimed trauma but not reported as a result of the trauma; or breakup of a primary relationship.

M21-1, Part III, 5.14c(7)(a)-(o). Subparagraph (9) provides that

"[r]ating boards may rely on the preponderance of evidence to support their conclusions even if the record does not contain direct contemporary evidence.

In personal assault claims, secondary evidence which documents such behavior changes may require interpretation in relationship to the medical diagnosis

by a VA neuropsychiatric physician."

That approach has been codified at 38 C.F.R. § 3.304(f)(3) (2010).

Patton v. West, 12 Vet. App. 272 (1999); YR v. West, 11 Vet. App. 393 (1998).

The Board is mindful of the fact that Veterans claiming service connection for disability due to in-service personal assault face unique problems documenting their claims. Since assault is an extremely personal and sensitive issue,

many incidents of personal assault are not officially reported, and victims of this type of in-service trauma may find it difficult to produce evidence to support the occurrence of the stressor.

Share this post


Link to post
Share on other sites
  • 0

If my first claim was for back pain 5 months out of the military and they denied saying theres is NOTHING THEY SEE

indicating back pain, YET my smrs are FULL OF BACK( and other), pain issues, treated with pt, medicine, waiting , etc.

IS that a cue. M.

good post Carlie.

Edited by mysticcherokee usn vet

Share this post


Link to post
Share on other sites
  • 0

If my first claim was for back pain 5 months out of the military and they denied saying theres is NOTHING THEY SEE

indicating back pain, YET my smrs are FULL OF BACK( and other), pain issues, treated with pt, medicine, waiting , etc.

IS that a cue. M.

good post Carlie.

Most likely not a cue - but there would need to be many more questions answered first to get a better picture.

I'd post the information and question - to the CUE forum.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By JaeT.21
      I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
      Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines.
      I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment.  Also I hide a lot from them, to keep my job, like  just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people. 
       
    • By awgv001
      I was med boarded out at 40% VA and 10% DoD - in 2013
      I'm also interested in information regarding how/if I can appeal/amend the DoD rating, since it's within the 3-Year timespan of discovery since I wasn't SC'd for PTSD (with other conditions still pending) until mid-2018
      (there's a sort-of limitation they put on DD-0149's to the BCNR - "sort of" because they "can" consider later submissions if given a really good reason/in the pursuit of justice)
      I don't qualify for the PDBR because my service ended post 2009...
      SO! Question ~~~
      My PTSD stems from personal assault(s), one of these assaults occurred withing a combat zone, and came from a fellow service member who decided to take out their frustrations on me.
      Would this potentially qualify me for CRSC? Do I have to get my DoD rating fixed (30% or above for medical retirement) first?
    • By asknod
      Fifty years in the making. Five filings since 1971. Welcome home, Bob.  A truly fitting Christmas present.
      Remember the magic words: " leave no one behind".
      https://asknod.org/2019/12/29/vba-portland-you-know-it-dont-come-easy/
    • By rightstrivinsissy
      Hello Hadit Helpers, 
      I feel like I am stumbling around blind. I hope someone can help me see.
      I was service connected in 2011 severe anxiety due to mst and a bladder condition.
      I have not had gainful employment since ETSing in 2004. I was re-evaluated for an increase and received an overall 70 - 40 -10 but started being payed at 80% in 2016. 
      In June of 2019 I applied for TDIU. I hit the make a decision now button on ebenefits, which was like shooting my own foot for lack of patience, not realizing that this meant the VA could not request any further info from me.
      In August I was denied, and obtained an attorney. 
      The attorney took over and ebenefits is showing the privacy act starting on October 4th and my claim is now in the evidence gathering/decision making process. Estimated end date of April 2020, the attorney says 3 years, but I know there are new systems in place to make things move a little quicker.
      I am looking for any information that you all would have about what is actually happening. I don't know if this is a NOD or what. My case manager acts like I am a major pain and won't give me any info and I fear she has no idea what she is actually doing. =(
      I assume it is not an actual appeal yet, because my case manager said they would have to wait for my c-file before they would appeal on the next denial from the VA.  
      I am so confused, If any of you experts could find the time to help me I would greatly appreciate it. I have always dealt with the VA on my own with no previous denials, but never fully understood what I was doing. I thought hiring an attorney would change this, but I still feel just as blind as before.
  • Ads

  • Our picks

    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 6 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines