Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

First Post Ptsd Help!

Rate this question


sox

Question

Hi Everyone!

First I would like to thank Hadit for having this site! I have been reading and searching here alot and find it an invaluable resource.

Ok now to my question for the experts....

I filled a claim for ptsd for my experiences at dover afb from 2001-2003 Mortuary. I was diagnosed by the va and the vet center with ptsd. The vet center said my issues were in the sever range with a GAF score of 42-45. I have been denied s/c for ptsd as of july 2011. I filed a NOD in august 2011 and requested a DRO review. since then I have submitted the following:

20+ news articles talking about Dover AFB Mortuary work scandle mismanagement etc.

articles about AF blanket stop loss 2001

articles about stop loss and Ready reserve reactivation (IRR)

A denied separation/ transfer reguest in 2002 to palace chase by AFPC- Reason DIS-MANNING

Buddy statement that saw me being detailed for these duties at roll call

Statement reflecting duties, stop loss, Enlisting in guard to prevent IRR recall, Blanket stop loss effects, transfer request denial after ashes dumped in land fill etc.

My question is am I on the right track or am I running my self in circles? I am not sure if my denied transfer request helps my case or not as I saw it was only for assualts according reg.?

any help is much appreciated :)

Many thanks!

Link to comment
Share on other sites

Recommended Posts

I filled a claim for ptsd for my experiences at dover afb from 2001-2003 Mortuary.

I was diagnosed by the va and the vet center with ptsd.

I have been denied s/c for ptsd as of july 2011. I filed a NOD in august 2011 and requested a DRO review.

Exactly, what is stated in the Reasons/ Bases Section of the denial ?

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

the response from VA said:

*"Your buddy statement did not specifically advise that he observed you doing Mortuary duty"

+ His statement did say that he he saw me assigned to mortuary details many times, worked with me as fill in himself and describes the process of what we did (transfer cases etc)

*"my Military records did not reflect mortuary assignment"

+ We were on call to back fill the mortuary after sept 11th and there was not enough people to process unload etc.

*"My military records did you did not advise of any mental health symptoms untill fall of 2010"

+ I joined the guard after my AD enlistment to prevent being recalled through (IRR) and was reactivated for 2 years in the Guard deployed etc. Separated in fall of 2010 and sought treatment after my separation (Honorable)

Link to comment
Share on other sites

Hi Carli,

The VA denied my claim for the following:

You contend that in Dec 1999 through Jul 2003 while stationed at Dover AFB, your duties required you tounload fallen soldiers, and that the containers leaked, and smelled of death.

Although a buddy statement was recieved from XXX, advising that he served with you at Dover AFB, where his duties involved mortuary duties, his statement did not specifically advise that he observed you doing mortuary duty. Additionaly despite that an internet printout was rendered detailing that Dover afb was home for morgue and mortuary services, your personnel records do not show that you were assigned mortuary duty.

VA electronic treatment records note that you did not advise of any mental health symptoms untill fall of 2010, when you indicated that you were assigned to mortuary duty and had to process dead bodies. Prior to that your VA treatment records show that you denied having PTSD. However in 2010, you began taking medications to help you relieve mental health symptoms. You were diagnosed with PTSD based on your subjective complaints of mortuary duty.

A statement recieved from the XXX Vet center notes that your in service stressors were witnessing and handling multiple bodies and body parts and moving themfrom the plane unto the mortuary area, where there was melting ice and body fluids leaking.

You were given a VA examination in Feb 2011, where after examining and interviewing you, and based upon your statement that you had to take dead bodies that were in body bags, that had melted , and process the bodies, the examiner diagnosed PTSD and Mood disorder secondary to PTSD, indicating that you are in the serious symptoms range.

In that you were not stationed in a war Zone, where fear of hostile military or terrorist activity is not a factorin this case, and that service department records did not corroborate your statement that you handled dead bodies, along with your DD=214 and military occupational specialty is inconsistant with this type of stressor. service connection for PTSD can not be granted.

Any thoughts ??

Link to comment
Share on other sites

Excerpt from the buddy statement

" during my time at Dover SRA (ME) and I were augmented for just about everything. Ths included mortuary duties as assigned or on call. At roll call we were debriefed our duties for that following day or night. I have seen Sra (Me) assigned mortuary duties many times while stationed at Dover AFB. Part of the mortuary details duties assigned including removing transfer...."

Link to comment
Share on other sites

VA said:

"Although a buddy statement was recieved from XXX, advising that he served with you at Dover AFB, where his duties involved mortuary duties, his statement did not specifically advise that he observed you doing mortuary duty. Additionaly despite that an internet printout was rendered detailing that Dover afb was home for morgue and mortuary ser......."

The key to buddy statements is ,as long as the buddy's MOS and service dates are consistent with the claimants',then they need to give an eye witness account,with as many details as possible,in the statement.

If the buddy can give more details as to exactly what they saw you do in the mortuary duty, and they give VA contact info for themselves, the VA would possibly consider a more detailed statement.

Or you could try to get another buddy statement that corroborates this one.But with more details describing what you did.

Here is one of many posts here at hadit regarding buddy statements.

Even if the buddy's MOS if different, there are some cases whereby their MOS could still be consistent with the eye witness account,depending on the details.

In your case, the buddy performed the same type of duties as you did.He needs to state exactly what he saw you do.

I know VA has called up buddys sometimes to clarify what they witnessed so I wonder,if this buddy gave them contact info, as they didnt call him.

Does your buddy have a VA PTSD rating for his experience with mortuary duties?

If so would he be comfortable telling the VA that?

My daughter helped some vets, all involved in the same stressor event in Vietnam.

One of them gave a buddy statement he said they could all use and he told VA in the statement his C file number and that he was rated for PTSD solely due to this same event which had been verified by JSRRC already.

He gave a very detailed eye witness account and mentioned the other vets involved by name and had his signature notarized

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Vicdamon12 earned a badge
      One Month Later
    • ArmyTom earned a badge
      Week One Done
    • kidva earned a badge
      Reacting Well
    • kidva went up a rank
      Apprentice
    • kidva earned a badge
      Collaborator
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use