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

[Berta]

Carlie gave very good advice.

Something is definitely wrong here.

“He was a chinook helicoptor crew chief on a medivac chinook. When he was at Cu Chi he was with a transportation unit that u...”

Sorry,my mistake, thanks for clarifying that Mil T -but having said that- he obviously must have encountered probably multiple stressors with that MOS.

“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. “

Do you have the SOC and are you able to get the vet's permission to scan and attach it here (cover all identifying info)

Of course the results of the review wont come until the VA prepares a SSOC.

“Has attended 27 day inpatient EBTPU (Evaluation and Brief Treatment for PTSD Unit) program at Tucson VA Med Cntr in Oct 2011.”

Did he receive a temp comp check for 100% from VA at that time?

If this is the same type of inhouse PTSD program I am familiar with, someone at the VAMC handles the claims for the temp 100% for the veterans.

I used the entire 21 day inhouse PTSD program med recs for my husband's SSDI and PTSD upgrade claims.

Only one vet in the same inhouse program with him never got the temp comp check (for good cause)

Has VA ever acknowledged those records or subsequent ones regarding his MH issues????

I am dumbfounded by the VA statement of denial that you posted days ago.But then again , the VA needs proof of any stressor to justify any future PTSD award. When I was a vet center volunteer ,I learned it was not the most horrific incident, that might have been difficult to prove,it could have been

a lesser incident, but one that was easier to confirm.

As Carlie said go over the Evidence lists carefully to see it anything critical is missing- or worse yet, the VA can often list something as evidence and then never mention it at all in the decision.

“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.”

This concerns me:

Do you have time for and can you legally ask for a hearing at this point as I see a DeNovo review already occurred????

I dont know-hope someone here knows that answer.

I got a double DRO review by forcing the VA to CUE the first DRO Review.

But I got the SAME DRO for the second review and she still didnt know how to read.

Prior to this second review (and it came fast because I really got on them to CUE the first one right away) I went over by phone with my former vet rep who said he would be present at the second review, Everything he was supposed to do and say. It wasnt too involved.All I wanted was my IMOs (two at that point)finally considered by the VA.

He even took notes, reviewed what I told him to say , and within a few hours he called me back with the results of that second 'review'.

I already posted here years ago how screwed up that all became.

“since as I don't want to think about a BVA appeal” AT time of the above I was thinking the same way.

I was suffering from an illusion.

I thought, with prime facie medical evidence , 2 IMOs, a past FTCA medical decision from VACO, a Peer review report from VA , etc etc, all ignoredup to that oint as evidence,and a very well prepared claim, that the VARO could surely make the proper decision after the second DRO review.

I was wrong.

The BVA is the first entity since that claim was filed to read all of my evidence.

They (BVA) awarded that claim in 2010 but then ,because I was dealing with illiterates, I had to get an order from the Office of General Counsel in DC for the RO to pay me.That added many many more months before the claim was resolved with the retro.All in all it took 7 years.

I learned a lot from that experience.I am going to file a new Section 1151 claim. Already discussed it with my Nehmer lawyer.

And right from the git go I am sending the VA my Waiver of RO Consideration, as ,since I dont expect them to award the claim, why waste time, if they deny it and send me a SOC , then with the waiver they can send it right to the BVA.

I wasted years in my opinion because of a false belief I had, that my RO wold actual read my evidence if I kept rebutting their SSOCs and by sending it all in again, always even adding more to the evidence pile.

The SVR show I did with Jerrel on April 4th in our SVR archives might give you a better picture of the BVA.

For many claims, this is the best place to be at.

[Commander Bob]

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.

...

Mil T

The clock is ticking...

You must file your appeal with the RO (Regional Office) within 60 days from the date of the letter containing the "Statement of the Case", or within the remainder, if any, of the one year period from the letter notifying you of the action that you have appealed.

Have you filed a VA Form 9 yet? If you need more time to file your appeal, you should request more time before the time limit for filing your appeal expires. See the instructions in VA Form 9, Appeal to Board of Veterans' Appeals, which should have been included in the stack of paperwork you received with the SOC.

Are there any Veterans Service Officers in your area that can help you and your friend with this case?

Thank you for your service, and for coming to the aid of your friend.

Best regards,

Cmdr Bob

Edited April 9, 2012 by Commander Bob

[Mil T]

The clock is ticking...

You must file your appeal with the RO (Regional Office) within 60 days from the date of the letter containing the "Statement of the Case", or within the remainder, if any, of the one year period from the letter notifying you of the action that you have appealed.

Have you filed a VA Form 9 yet? If you need more time to file your appeal, you should request more time before the time limit for filing your appeal expires. See the instructions in VA Form 9, Appeal to Board of Veterans' Appeals, which should have been included in the stack of paperwork you received with the SOC.

Are there any Veterans Service Officers in your area that can help you and your friend with this case?

Thank you for your service, and for coming to the aid of your friend.

Best regards,

Cmdr Bob

Thanks Bob for your feedback. I have the VA form 9 for each of the SOC's that the vet has received. I have all of his information that he has collected. Basically he has trusted me with all of this as he is fighting his health issues. I told him to get himself healed and I will handle the claim. I am also his listed representative at this point.

I wish we had some trained VSO's here. I am the only game in a town of 20K people. There have been other informal advocates that have helped but have become so overwelmed (we have a lot of Veterans here) that they faded away. I get an average of at least one new case a week. I have been handling on average 25 Veterans claims at one time. I know that doesn't sound like much compared to a regular VSO that works for an Organization but it's a lot when you are not being paid or supported in any way. I do it because as a veteran myself, I respect, and honor those that spent the time to be in the service and that have been in the various evils of war. I was a combat Vet in the 101st Ariborne in Vietnam. I have handled my own claims for compensation succesfully and have also handled several other succesful claims for others. It's these crazy ones that don't make any since as to why they have been denied or that there are CUE's written all over them that are so frustrating.

I plan on scanning and posting this Veterans SOC's here so everyone can see them and help advise.

We have until May 28 to meet the 60 days so I am taking my time and getting advise here as to what would be the best direction and possibly shortest avenue to move forward.

I do meet with a Veterans Representative at the RO in Phoenix regularly. He also has a difficult time in understanding some of the decisions that are made. He has helped me in advising direction to go etc. on some but I am starting to think he gives me boiler plate type advise most of the time.

Thanks again for your interest in this Vets case.

Mil T

[Commander Bob]

Thanks Bob for your feedback. I have the VA form 9 for each of the SOC's that the vet has received. I have all of his information that he has collected. Basically he has trusted me with all of this as he is fighting his health issues. I told him to get himself healed and I will handle the claim. I am also his listed representative at this point.

I wish we had some trained VSO's here. I am the only game in a town of 20K people. There have been other informal advocates that have helped but have become so overwelmed (we have a lot of Veterans here) that they faded away. I get an average of at least one new case a week. I have been handling on average 25 Veterans claims at one time. I know that doesn't sound like much compared to a regular VSO that works for an Organization but it's a lot when you are not being paid or supported in any way. I do it because as a veteran myself, I respect, and honor those that spent the time to be in the service and that have been in the various evils of war. I was a combat Vet in the 101st Ariborne in Vietnam. I have handled my own claims for compensation succesfully and have also handled several other succesful claims for others. It's these crazy ones that don't make any since as to why they have been denied or that there are CUE's written all over them that are so frustrating.

I plan on scanning and posting this Veterans SOC's here so everyone can see them and help advise.

We have until May 28 to meet the 60 days so I am taking my time and getting advise here as to what would be the best direction and possibly shortest avenue to move forward.

I do meet with a Veterans Representative at the RO in Phoenix regularly. He also has a difficult time in understanding some of the decisions that are made. He has helped me in advising direction to go etc. on some but I am starting to think he gives me boiler plate type advise most of the time.

Thanks again for your interest in this Vets case.

Mil T

Sounds like your on top of it 'Mil T'. Good luck. I hope your vet pulls through and has the opportunity to experience the win. Does the vet have a spouse or any dependents?

Your community is most fortunate to have you there helping the vets.

Best wishes with much appreciation for all your hard work.

Cmdr. Bob

(edited for spelling correction)

Edited April 12, 2012 by Commander Bob

[Mil T]

Getting back to this issue. I've been busy with lots of decisions coming in all of a sudden by others I have been working with.

What I have done with this particular vet is to study his documents and the evidence that was turned in.

It was clear that they missed some very important evidence that was turned in June of 2010 that was crucial in a favorable decision. Also the fact that he has never had a c&p for any of the claimed disabilities and they used doctor exams with diagnosis etc. dating back to 2008 to make the decision. That is what I find so frustrating. This was a de novo review done by a DRO on each SOC.

Anyway, we have asked for an informal DRO hearing and not a de-novo review. We will resubmit the evidence that they left off the list that they used for evidence. We will submit the 4 psyc reports that state his PTSD is from combat related stressors. We'll see what happens.

Thanks for your help guys.

Mil T

[Berta]

"This was a de novo review done by a DRO on each SOC.

Anyway, we have asked for an informal DRO hearing and not a de-novo review. We will resubmit the evidence that they left off the list that they used for evidence. We will submit the 4 psyc reports that state his PTSD is from combat related stressors. We'll see what happens."

Please let us know because I had to raise a ruckus to get a double DRO review.My former rep was present at the second review (with the same DRO who made the first decision)and it was a big waste of time.

My medical evidence was still ignored ,----even after the second review,

as the BVA took note of in my decision, when they awarded that claim.

"4 psyc reports that state his PTSD is from combat related stressors. We'll see what happens."

As long as at least one stressor has been confirmed, he should succeed.

I spent years before I came to hadit, helping with vets claims in or near my locale.

Only one vet in the PTSD inhouse program my husband was in, was denied the temp 100% PTSD comp.

He called when he heard Rod died within weeks after the PTSD program to offer condolenscenes and then asked me to help with his claim.

Regardless of his VA diagnosis of PTSD and SSI benefits for PTSD, he could not produce a single verifiable stressor.

I worked along with his AL VSO to see what we could do to verify anything he said.He had described multiple stressor accounts but could not produce a buddy statement or anything at all to verify any of them.

He sent me long detailed letters describing these stressors, all exceedingly gory, and insisted that since his VA shrink diagnosed him with PTSD then the VA had to award him benefits.

It doesn't work that way.

I learned a lot from the years I dealt with this veteran. I did lots of research for him,even to include a very detailed stressor he said that involved the ROK in Vietnam, but nothing panned out -the ROK incident happened as I recall much prior to his Vietnam service dates and hundreds of clicks away from his duty station.

. "Also the fact that he has never had a c&p for any of the claimed disabilities and they used doctor exams with diagnosis etc. dating back to 2008 to make the decision."

Something is really wrong there but I think there is more to this veteran's situation than meets the eye.

Was his MOS clearly spelled out as to his actual Medivac duties?

Does he recall any names at dates of any WIAs or KIAs he transported as the KIAs would be listed on the Wall, available on the net.

We saved Wall tracings for two of my husband's stressors but found that the VA didnt need them.

Wall tracings can prove a stressor.

However I think the Wall people need Hometown info of the deceased ,if known, as well as unit and estimate of time of service and date of death.

That way they can direct you to the exact Wall panel to make the tracing as the names on the Wall are not in any alphabetical order.