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  • Trouble Remembering? This helped me.

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
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      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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Brew

Detail Or No Details In The Mst Stressor Statement

Question

I read the article about how to win an MST claim, but I still have to ask the question. Should I or should I not write out all the awful details of an assault incident. Some (maybe) relevant notes:

I remembered the creep's name and rank and unit, am about 95% sure I know when it happened within a few weeks (what if I am wrong though??? will this screw me up later if I get more information from my personnel records and realize the timing was different than I remember?).

I have only one person in my life that observed that I changed afterward and who knew I was doing crazy self-destructive things uncharacteristic for me after the assault. The problem is that this person was the messiest person in my friend network at the time - of course I only shared it with her, she was the only person who felt safe to share with because I was concerned about being judged. I tried to get a statement from her, but it has been years and it seems she can't either remember or just can't deal emotionally with my request.

As I am writing this, I just remembered that my parents noticed - they approached me and said they were concerned and asked me to see a psychiatrist. But, they thought other things were wrong with me - little did they know. I don't remember the crazy psychiatrist's name - I stopped going because I went from depressed to suicidal and I bailed out.

After the assault, I got in a bad relationship and did see a provider related to an issue from that relationship - but I can't recall where the clinic was or who I saw. Such a blocked and faded experience.

So, with no one to verify that this happened to me am I just throwing out an accusation with a whole lot of painful personal detail to the wind or will my testimony be sufficient? If I don't have proof, I guess to clarify my question, I am wondering if providing the awful details will help my claim.

Curious what you all think.

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I would use this form and state the claim is for what ever condition

PTSD/ Anxiety / Depression, and that you experienced personal assault / MST

on active duty.

http://www.vba.va.go...1-0781a-ARE.pdf

Also, do a search on alternative evidence for VA and MST and VA and personal assault.

JMHO

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I read the article about how to win an MST claim, but I still have to ask the question. Should I or should I not write out all the awful details of an assault incident. Some (maybe) relevant notes:

I remembered the creep's name and rank and unit, am about 95% sure I know when it happened within a few weeks (what if I am wrong though??? will this screw me up later if I get more information from my personnel records and realize the timing was different than I remember?).

I have only one person in my life that observed that I changed afterward and who knew I was doing crazy self-destructive things uncharacteristic for me after the assault. The problem is that this person was the messiest person in my friend network at the time - of course I only shared it with her, she was the only person who felt safe to share with because I was concerned about being judged. I tried to get a statement from her, but it has been years and it seems she can't either remember or just can't deal emotionally with my request.

As I am writing this, I just remembered that my parents noticed - they approached me and said they were concerned and asked me to see a psychiatrist. But, they thought other things were wrong with me - little did they know. I don't remember the crazy psychiatrist's name - I stopped going because I went from depressed to suicidal and I bailed out.

After the assault, I got in a bad relationship and did see a provider related to an issue from that relationship - but I can't recall where the clinic was or who I saw. Such a blocked and faded experience.

So, with no one to verify that this happened to me am I just throwing out an accusation with a whole lot of painful personal detail to the wind or will my testimony be sufficient? If I don't have proof, I guess to clarify my question, I am wondering if providing the awful details will help my claim.

Curious what you all think.

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I am in the same boat-happened in 1979, was someone I knew-sort of. After the horrible experience, I went to my Commanding Officer and told him what happened. He basically swept it under the rug, by telling me it could ruin my Military Career, promotions, etc. Why would I want to do that? It was the beginning of my career, which I hoped would be a long one. I have kept my silence and anger to myself all of these years not understanding why I could not love anyone. I don't remember much of anything, and now I have to deal with this as if it happened yesterday. The longer you ignore it, the harder it is to handle. I have mentioned it during my mental health visits, but nobody has addressed it, including me. So, what now?

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Sorry I haven't replied yet - I am sorry you experienced this as well. It cannibalizes self-esteem, I know first hand and empathize. I would encourage you to pursue the PTSD treatment route - even if you are unable to service connect it specifically. PE Treatment is apparently effective for most people when they are ready to dig in and do the tough work of rewiring the brain. I am starting in about a week after a couple months of just therapy and medication to knock down my anger and anxiety. Rough time right now, but I feel like I'm peeling the onion and going to move on with my life and put this all behind me eventually and learn how to feel again.

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Hi Brew,

I normally avoid this section of the Forum because of bad memories. Hopefully this reaches you and you are safe. If you are a woman (no assumption that you are) I can offer some advise

1) get your service records if you have them.

2) get your medical record if you have it.

3) if you don't have either go to the closest VA hospital and get enrolled if you aren't in the system and you should be given a exam. Bring up your issues and there should be someone assigned to the hospital that is designated as the Women's health representative.

4) Ask for an exam if one is not offered to you immediately.

5) begin treatment.

6) My psychiatrist was able to get my medical history for me by using my birthdate, ss#, and my really poor recall of where, when and who I saw. NOTE This is not not required by the VA of its doctors, I am the luckiest woman in the world, my providers at the VA have gone above and beyond in helping me with my life and my claim--but it is my experience that if not your doctor there is SOMEONE in any given hospital that can and will help a genuine person with a real problem.

7) Write everything down. Make lists. Details of what happened to you may be lost forever but if you sought treatment while in service there is a record of it somewhere.

8) Patience---do not try to send in a claim until you have all available ducks in a row. I lost my first claim because I didn't have everything together. The VA is concerned with evidence, stressor letters help, buddy letters help, but to WIN you need to have treatment dates, records, facts...but it doesn't have to be everything. In fact if you are not sure of a date, place or time don't make it part of your narrative. The story should be as concise and brief and factual as possible.

My claim boils down to proving that I was diagnosed with a mental health issue while in service. I was able to submit a few pages from my medical file. I have a current disability, and a doc to link the two back to my service.

9) When you are ready (if you haven't already) file your claim with the VA.

Hope this helps and good luck to you

WM

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      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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