A little info first: I was dx'd for ptsd while on active duty (1995), never had nightmares prior to 1993, and only admitted them over a year later. Was found by the Navy to be "existing prior to entry", but as mentioned, didn't have symptoms until I was in active service. The mistake I made, I believe was that I admitted having nightmares of childhood sexual assault, although I told the doctor that dx'd me of being assaulted by gunpoint in early 1993, and had that as a stressor/recurrent nightmare as well.
When I was discharged in 1996, I was also denied any service connection/service aggravation from that VA as well, although I submitted my smr as well as the documented assault in service and tying the two together. When I found out that I was denied, I contacted the DAV rep that was handling my claim, and he said I had "no evidence".
Back in 2010, I finally questioned what "no evidence" really meant, because I had the evidence on file with my own copies of my smr. I questioned that because I went to see another DAV rep at the local VARO, to state that my PTSD met the new rules regulation that the VA instituted that same year. However, she also said "theres no way we can help you, you have no evidence to support your claim".
So what I did, was request a copy of my cfile from the VA, which of course took over 6 months to receive, and lo and behold, the original medical documents of my diagnosis in service were not included. At that point, I refiled my claim for PTSD, citing the "new rules" and resubmitted what I know I gave the VA originally, along with my own written statement to tie the evidence together.
I filed the claim officially for PTSD, CFS, Increase for SC Fibromyalgia, Patellar Femoral Syndrome-Left Knee, and IBS. For everything but the PTSD, I had already completed the C&P/QTC for consideration, and was told I would not be scheduled for a PTSD exam, so I figured that was that.
However, late last week, and only given 6 days notice, I was told that I had now been setup for a PTSD exam at the local QTC. It was setup for yesterday, and I went.
The examiner, a female Ph.D psychologist, not a MD Psychiatrist administered the examination. She went over what she intended to do during the exam, and everything seemed pretty standard. However, she stated the assesment was for PTSD service aggravation. I asked how she came to that contention, due to me stating on the documents that it was service connected.
Now for arguments sake, I have spoken on this subject on this site about how it might be service aggravated as opposed to completely service connected, and that because I cited being assaulted as a child, that, that would be considered a mitigating factor.
Now, what I did was ask the examiner at this point, "what did the VA submit to you as evidence of my ptsd?" She had the Navy's med board paperwork, which was well after I was diagnosed, and of course that med board paperwork rail-roaded me from service connection with the Navy, she had my written statement when I submitted my claim back on 2/9/11, and that was it.
Now once again, for whatever reason, whomever was handling my claim did not submit to the examiner, the original medical diagnosis of PTSD! I once again supplied that to the VA, and they did not submit that to the examiner!! Unbelievable!!!!
Lucky for me, knowing that this could be a possibility, I brought one of my copies to the examiner, and it, from my point of view, kind of stopped her in her tracks. She took the copy, reviewed it, added notes on her pc, started asking me questions like, "So this was the diagnosis while in service" told her yes, "how long did you wait to report your symptoms?" almost a year and a half,
and you never reported any symptoms prior to service? I told her no and showed her my dependent medical record (prior to service I was covered by champus, due to my father being a career Marine), and showed her that there was absolutely no time in my past that I had any issues with mental health, and that I was 100% prior to entry into active duty.
I could tell her expectations of how the exam was supposed to go was changed, she was completely surprised at the information that I included. Now I didn't know exactly how her assessment will be, at least until the VA decides to give me a copy of that QTC report, but I do feel that my evidence definitely changed her assessment and that my contention of service connection resonated with her in a positive way.
When the argument of bringing possible evidence to support your case to a C&P exam or QTC is discussed here, I can absolutely say that it is necessary to do so, because the VA, for whatever reason didn't supply this examiner to make a reasonable case to support my contention.
Question
eganusn
A little info first: I was dx'd for ptsd while on active duty (1995), never had nightmares prior to 1993, and only admitted them over a year later. Was found by the Navy to be "existing prior to entry", but as mentioned, didn't have symptoms until I was in active service. The mistake I made, I believe was that I admitted having nightmares of childhood sexual assault, although I told the doctor that dx'd me of being assaulted by gunpoint in early 1993, and had that as a stressor/recurrent nightmare as well.
When I was discharged in 1996, I was also denied any service connection/service aggravation from that VA as well, although I submitted my smr as well as the documented assault in service and tying the two together. When I found out that I was denied, I contacted the DAV rep that was handling my claim, and he said I had "no evidence".
Back in 2010, I finally questioned what "no evidence" really meant, because I had the evidence on file with my own copies of my smr. I questioned that because I went to see another DAV rep at the local VARO, to state that my PTSD met the new rules regulation that the VA instituted that same year. However, she also said "theres no way we can help you, you have no evidence to support your claim".
So what I did, was request a copy of my cfile from the VA, which of course took over 6 months to receive, and lo and behold, the original medical documents of my diagnosis in service were not included. At that point, I refiled my claim for PTSD, citing the "new rules" and resubmitted what I know I gave the VA originally, along with my own written statement to tie the evidence together.
I filed the claim officially for PTSD, CFS, Increase for SC Fibromyalgia, Patellar Femoral Syndrome-Left Knee, and IBS. For everything but the PTSD, I had already completed the C&P/QTC for consideration, and was told I would not be scheduled for a PTSD exam, so I figured that was that.
However, late last week, and only given 6 days notice, I was told that I had now been setup for a PTSD exam at the local QTC. It was setup for yesterday, and I went.
The examiner, a female Ph.D psychologist, not a MD Psychiatrist administered the examination. She went over what she intended to do during the exam, and everything seemed pretty standard. However, she stated the assesment was for PTSD service aggravation. I asked how she came to that contention, due to me stating on the documents that it was service connected.
Now for arguments sake, I have spoken on this subject on this site about how it might be service aggravated as opposed to completely service connected, and that because I cited being assaulted as a child, that, that would be considered a mitigating factor.
Now, what I did was ask the examiner at this point, "what did the VA submit to you as evidence of my ptsd?" She had the Navy's med board paperwork, which was well after I was diagnosed, and of course that med board paperwork rail-roaded me from service connection with the Navy, she had my written statement when I submitted my claim back on 2/9/11, and that was it.
Now once again, for whatever reason, whomever was handling my claim did not submit to the examiner, the original medical diagnosis of PTSD! I once again supplied that to the VA, and they did not submit that to the examiner!! Unbelievable!!!!
Lucky for me, knowing that this could be a possibility, I brought one of my copies to the examiner, and it, from my point of view, kind of stopped her in her tracks. She took the copy, reviewed it, added notes on her pc, started asking me questions like, "So this was the diagnosis while in service" told her yes, "how long did you wait to report your symptoms?" almost a year and a half,
and you never reported any symptoms prior to service? I told her no and showed her my dependent medical record (prior to service I was covered by champus, due to my father being a career Marine), and showed her that there was absolutely no time in my past that I had any issues with mental health, and that I was 100% prior to entry into active duty.
I could tell her expectations of how the exam was supposed to go was changed, she was completely surprised at the information that I included. Now I didn't know exactly how her assessment will be, at least until the VA decides to give me a copy of that QTC report, but I do feel that my evidence definitely changed her assessment and that my contention of service connection resonated with her in a positive way.
When the argument of bringing possible evidence to support your case to a C&P exam or QTC is discussed here, I can absolutely say that it is necessary to do so, because the VA, for whatever reason didn't supply this examiner to make a reasonable case to support my contention.
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