ptsd Va Conclusion Language For Ptsd Claims

[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

[Commander Bob]

...

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...

Mil T

Yes john999, it feels a little Deja vu to me...

This is beginning to appear systemic with certain ptsd Vietnam vet claims. I am amazed how the VA operates with such impunity. It boggles the mind of any reasonable person.

JMHO... I feel that asking the RO to reconsider the claim would result in a parroted finding and continued denial. Also, if you have not already requested and received a complete copy of the C-file, I would do so ASAP. Then seek an "IMO" (independent medical opinion) while you wait for a formal BVA hearing.

jmho... We need Congress to pass a "Vietnam Veterans Reconciliation Act".... (yet to be written.)

Cmdr. Bob

Edited April 7, 2012 by Commander Bob

[Berta]

We need Congress to pass a "Vietnam Veterans Reconciliation Act"

I just had to chime in on that one-

We have had a Vietnam Veterans Rehabilitation Act since 1993 (VERRA 38 USC Chap 4211-4215) not to mention the Vietnam Veterans Readjustment Act of 1974 which I 'lived' with for years ,preparing at least 12 DOL complaints under Sec 504, Public Law 93-112, over a 3 year period regarding the discrimination regulations involving federal contractors that I believed ( I studied the VVRA intensely and compiled the evidence myself) a local federal contractor had defied regarding a hiring and then re -hire situation of my husband.

http://affnet.ucp.or...1928-11928/4667

Those above laws in many respects were a bunch of crap when veterans tried to prove employment discrimination due to handicap (their VA SC disability) via te proper DOL channels.

After DOL found no discrimination at all by my husband's former employer, for none of these complaints, we filed an ADA complaint the day the ADA became law and he was very the first disabled vet in NY state to succeed in this type of discrimination complaint as the lawyer from ADA EEOC,unlike DOL, told me the evidence of continuance of job discrimination by the federal contractor had been obvious.

The employer had to settle with my husband.

I found out years later that in the thousands of DOL complaints ,nationwide, disabled Vietnam vets had filed with DOL under the auspices of the same above Acts, only 2 had ever been fully investigated to a finding of actual employer discrimination.

Only 2. What a crock, not to mention the waste of taxpayers money for the DOL so called complaint investigative teams.

I guess I dont see any positive value of any further Congressional Reconciliation , or Adjustment ,or Rehabilititation Acts for Vietnam veterans.

In the case with Mil T's vet, there is more leg work needed to be done to prove his claim.

As the BVA has stated in many decision over the years, the claims process is not a one way street.

If this vet was in the 25th ID in 1968 Vietnam, or in a unit directly in support of the 25th ID during Tet,at Cu Chi, then this claim should probably be a no brainer to award.

The veteran was never called in for a C & P exam.Right there that is a big red flag telling me there is much more to the vet's situation and claim then meets the eye here.

Edited April 8, 2012 by Berta

[midnight340]

Mil T, I am sorry to hear of the denial.

I suspect the word "may" in the regs leads many vets to assume that it is likely they would take lay testimony as evidence.

I was denied SC for PTSD in similar fashion, having submitted a lot of personal testimony. I also submitted plenty of evidence for them to look up the stressors and my presence. But they DO NOT go out of their way to look anything up!!! And apparently, if there is any way to deny they will.

I have been told that I could not contact JSRRC myself, so this is news to me. Thanks for that.

My claim was resubmitted for reconsideration (on mixed advice...) but I understand that you advise filing the NOD now and not later, so I will do that.

Edited April 8, 2012 by midnight340

[Berta]

http://www.history.navy.mil/index.html

Sometimes archived historys help prove a stressor event

In the case of JSSRRC they handle requests from

All Branches except for Marine Corps-

US Army and Joint Services Records Research Center

7701 Telegraph Rd,Kingman Building Room 2CO8

Alexandria VA. 22315-3802

1-703-428-6801

For Marines-

Go to the Marine Corps University Archive Site http://www.mcu.usmc....CRCweb/Archive/

Or contact to the Commandant of the Marine Corps

Headquarters USMC Quantico toll free 1-800-268-3710

Fax 11-703-784-5792

As to the reconsideration, if the VA doesn't award within the one year NOD time frame,based on this type of request then a NOD MUST be filed within the one year appelate period- one year from the decision date.

There was quite a rigamorale here on that point some time ago.

The NOD must be filed before the appeal period expires. Even if it apears the VA is working on the request and even if they send you responses to the reconsideration request. I filed a NOD on a reconsideration request within days of the NOD deadline as it was obvious to me, that in spite of my rebuttals to their ridiculous SOCs, they were hoping I would lose my appeal rights by missing the NOD deadline.

I won the claim but it took 7 years so ,had they handled the request properly, in the first place , I would have succeeded much sooner.

It pays to have the help and support of a vet rep for reconsideration requests.

Edited April 8, 2012 by Berta

[Mil T]

I thank everyone for the feedback. I am still not sure what direction to go yet for this Vet. There is more information to get for the proof of stressor and I can understand that.

I want to clear one thing up though. He was not with an infantry division. He was a chinook helicoptor crew chief on a medivac chinook. When he was at Cu Chi he was with a transportation unit that used chinooks. Everyone pulled guard duty and being he was an E5 he was an NCOIC on that bunker.

Unfortunatly the Vet has gone back into the hospital with severe COPD. I am worried for him at this time.

After I posted here for this thread, This Vet received another packet in the mail with a SOC dening the other claimed disibility's. Hearing, Tinnitus, increase in Migranes. I dont' have time right now to spend going over the whole thing but what has struck me odd in this one is that they have refered back to 2008 C&P's in the migranes claim. Since 2008 this Vet had to stop work. I remember that he stopped work just before I met him and started helping him which was June of 2010. We turned in a report from his employer, of all of the time he missed due to his dibilitating migranes which he is 30% rated for due to them starting in the service and they were recorded as such in his records. He turned in documentation of his missed employement along with other documentation from the VA doctor stating this Vet cannot work because of the headaches yet the SOC says they could not increase because there was no evidence suggesting that the Vet had gotten worse. No new C&P's again just like the PTSD desision.

My thoughts at this time is to turn in an NOD for all of these citing the lack of C&P's. Using old C&P's for rating decisions. Not considering the evidence of 3 different VA Mental Health Dept's opinions and treatment saying that his PTSD is combat related and other criteria that seems to have been overlooked when the decisions were made. I will ask for a hearing and not a De-NOVO. I will research archives to see what I can find using the information you guys have forwarded to me and also Websites of the units this Vet was in. This seems to be a direction that makes since as I don't want to think about a BVA appeal as I'm not sure this vet can wait that long with the way his health is deteriorated so quickly.

Thanks again for the great feedback. This website really helps us informal Vet Advocates that are the only game in town when you live in a small community like ours.

Mil T

[carlie]

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.

WHAT EXACTLY DID THE ORIGINAL DENIAL STATE - THE DECISION THAT THE NOD WAS FILED ON ?

DID YOU MATCH UP THE ACTUAL EVIDENCE THAT IS SUPPOSED TO BE OF RECORD -

AND COMPARE IT TO THE EVIDENCE LIST SHOWN ON THE ORIGINAL DECISION -

SO YOU KNOW IF THE EVIDENCE WAS FACTORED IN FOR CONSIDERATION ?

ON THIS SOC - HAVE YOU CHECKED AND MATCHED UP THE ACTUAL EVIDENCE THAT IS SUPPOSED

TO BE OF RECORD - SO YOU KNOW IF ALL OF THE EVIDENCE WAS FACTORED IN FOR THE

DE NOVO REVIEW CONSIDERATION ?

TO GET A HIGHER RATING FOR HEADACHES - COMPARE THE CURRENT MEDICAL EVIDENCE

OF RECORD TO THE 50% CRITERIA IN DC 8100.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3b2b4903ccbb34d16cfb6eab7bf23bea&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.67&idno=38

BTW - I'M NOT YELLING IN CAPS - MY COMPUTER IS HAVING A PROBLEM.