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ptsd Va Conclusion Language For Ptsd Claims
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Question
Mil T
Veteran received letter of decision per a notice of disagreement filed 01-19-10 for denied PTSD. Includes Statement of Case. De Novo review was completed 03-28-12.
Veteran submitted 2 Stressor incident Letters pertaining to enemy fire. Also helped load and witnessed dead American bodies while aboard helicoptor. while medivac helicoptor crew chief took direct fire from small arms. Other stressful incident was, while on bunker duty on initial Tet of 1968 attack in Cu Chi received opening volly of direct mortor attack on his bunker location. Very clear concise testimony naming dates, times other individuals involved, units assigned, etc.
Veteran has been involved with PTSD counseling since 2009. Diagnosed PTSD due to combat by several VA mental health doctors. Has attended 27 day inpatient EBTPU (Evaluation and Brief Treatment for PTSD Unit) program at Tucson VA Med Cntr in Oct 2011. He was admitted for 5 day inpatient for mental stress related to PTSD at Phoenix Med Cntr in 2010. He has been attending individual and group counceling at Prescott Med cntr, Mental Health Dept. for last 2 years. He is in group counceling in Payson, Az. administered by Mesa Az. Vet Cntr for the past 5 yrs. All of the records of each of these facilities and doctors acknowledge his PTSD as Combat Related in writing. His DD214 show Air Medals as part of the Vietnam service awards. His MOS was 67U20 MTR HEL Mech. Actual duty was NCOIS, Crew Chief on C47 Chinook Helicopter.
He is service connected 30% for Migrane headaches that started while he was in service and in Vietnam. The claim for PTSD has been on the books since April 2008. Denied March 2009 for lack of evidence. June 4 2009 submitted NOD. The VA said that he retracted request for appeal (which Vet says he never did) So they say he resubmitted January 2010.
The Veteran has never been called in for C&P exam for PTSD ever.
Here is the final conclusion statement of Statement of Claim:
In the absence of objective evidence showing your claimed post traumatic stress disorder was treated during your active military service or objective evidence showing a relationship to your active military service, nor is there evidence to corroborate a military-related stressful event actually occurred, service connection cannot be granted.
Am I missing something here?
NO ONE seeked help while in service for PTSD. It didn't exist then. And if somone complained about it, they were shoved out the door and sent back to the field or back to where ever you were assigned.
I have looked at the 38 regs that accompany the SOC.
I believe they failed in seveal areas. The most being;
38USC3.159 Assistance in developing claim.
(4) Providing medical examination or obtaining medical opinions.
3.304(d) Direct service connection: Wartime and peacetime (Combat)
3.304(f) 1. Direct service connection: Wartime and peacetime; Post Traumatic Stress Disorder.
Both of these state, ' The Veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor'.
3.304(f) 3. Veterans fear of hostile military or terrorist activity, -- for purposes of this paragraph, "fear of hostile miltiary or terrorist activity means that a veteran experienced, witnessed or was confronted with an event or circumstance that involved actual or threatened death or serious injury or a threat to the physical intergrity of the veteran or others, such as from an actual or potential improvised explosive device; vehicle embedded explosive device; incoming artillery, rocket or mortar fire; grenade; small arms fire. including suspected sniper fire, or attack upon friendly military aricraft, and the veterans' response to the event or circumstance involved a psychological or psycho-physiological state of fear, helplessness or horror.
In all of these it is clearly stated; " that the Veterans lay testimony alone may establish the occurrence of the claimed in-service stressor."
So why is do they say OBJECTIVE evidence and if they wanted that then they had an obligation to help get the day journals of the incidents. He gave them enough information to do that. And if they couldn't get it then they should not be writing that it needed to be presented by the Veteran.
I just don't understand why the VA keeps going back on the idea that what is in or is NOT in your military file is enough to deny claims. PTSD wasn't even a diagnosis yet from Vietnam and yet these decision makers keep refering to it that there was no diagnosis of it in medical records.
I'm trying to figure out what the next step is. If it goes to the BVA this Vet, who is very ill may not ever see anything from his efforts. My thoughts are to wrtie a letter back to the RO with a reconsideration based on the information and more that I wrote here.
Carlie, Berta, Anyone with helpful suggestions will be appreciated.
Mil T
We Were Young
We Were Soldiers
We Are Brothers Forever
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