ptsd Statement Of Case (Soc)

[Jaina Bledsoe]

had my DRO hearing 2 months ago and recieved an SOC letter a few days ago. Feel it is some sort of progress because after 2 years the VA finally "concedes your in-service stressor". However, the obstacle remains on tying it to the diagnosis. VA outsourced examiner spent 40 minutes and linked PTSD/MDD/BPD as co-morbid disorders originating in childhood, based on questioning that focused on prior service factors (3 years physical abuse, article 15 in basic training, 3 day hospitalization for situational depression 2 years prior to a sexual assault (the conceded in-service stressor). Also, the suicide attempts (2) and subsequent issues of sleep, irritability, paranioa, etc after the assault were used to reinforce this diagnosis. I am not to pleased with symptoms AFTER the assault being used to reinforce that dx, but you can't question a PhD with the VA without looking like a malcontent or somehow feeling like you are supporting a misdiagnosis/inflated diagnosis of BPD.

My question is....

What should I do from here? The VA has already denied my request for a re-evaluation, and nobody at the VA appear to be willing to look at flight physicals (with psych evals), performance records, service school performance, awards, etc. prior to the assault in an effort to disprove the BPD discharge I was given after 9 years of service. the real kicker is that 1 month prior to discharge everything checked out OK while attempting an early out. Not to mention the 2 suicide attempts prompted an MEB for "adjustment disorder" related to other stressors which occured simultaneously with the assault. No mention of BPD during that process, but now it feels like the VA wants to change everything to suit their denial. I actually won the fight with the MEB based solely on those very same records of service 2 years prior to the BPD dx that got me out.

ANY ideas would help. I am homeless and have absolutely no income since the VA is recouping my severance pay with the 10% I was awarded for tinnitus in both ears. Therefore, no money for civilian independent opinion. Do I at least have recourse for aggravation even though the thought of letting the BPD dx stand makes me sick to my stomach?

[broncovet]

And, also, get a copy of your medical records, and, if you can, email them to yourself or store them electronically such as googe documents, so you dont lose a piece of paper. Its tough to keep track of papers when you are homeless.

[Ethan'sGrandma]

Jaina,

You have received excellent, detailed, advice on here. broncovet has given lots of great recommendations. Additionally, if you are unable to work, have you considered applying for SSA, meanwhile? Since they do not need any service connection, it may be another avenue you may want to look at, since you do say that the examiner did give you several diagnosis. They do appear to process claims a bit faster than VA, even if the first decision is given as a denial. As for your VA claim, from what you state, the examiner assigned diagnosis, but assigned them to originating in pre-military history, but what about during military history? It doesn't mean that the during military did not aggravate what is being claimed as pre-military. Are you in treatment? If you are, sometimes, you can request the provider give you a statement based on their professional opinion. I know that, sometimes, they don't like to do that, but I was able to obtain one from mine which I do think helped me. Also, a Vet Center MST Counselor helped me with some paperwork that I do believe that, among other evidence that I gathered and other attempts to help my claim, helped me for the claim. First thing, as broncovet noted for you, is to get in your appeal form, if you haven't done so already. I wish you the best with continuing this process!! P.S...I have sent you the details you asked me through pm...

[Jaina Bledsoe]

CARLIE - currently i recieve 10% for tinnitus, but it is being recouped for a severance pay i recieved in 1998.

RETIRED - I am happy with my VSO, and I feel that the harder I fight the harder he is willing to fight for me. I may hire an attorney at some point, but for now I feel the evidence is all there. I just need to cram it down their throat until the actually acknowledge it.

BRONCO- I have been in treatment for 2 years now. individual therapy at VA, DBT (CBT) classes, and the VetCenter. I still take meds but not nearly as much as i once did. I am pretty much on meds as needed to deal with sleep and anxiety/panic attacks.

Mailing addresses I can get. My family lives here. Unfortunately recieving mail is all I can count on them for. Our family dynamic has always been that I was the one to turn to. They seem unwilling to change or alter that dynamic.

I have complete copies of everything, including documents they keep "mysteriously losing". I will continue to shove them down their throats.

An I-9 has been filed since they finally did concede the stressor. It asked that they approve on the basis of aggravation. I will be adding a follow up tomorrow asking that the C+P examiner justify his dx vs the multiple dx in service/psych evals which say otherwise. I will also be asking that he justify his belief that childhood trauma caused BPD w/o any records stating what kind of abuse, how long, or how I recovered once removed from the home. I would also like a definative reason why he feels aggravation can be ruled out considering the 6.5 yrs of service records prior to the assault.

I just applied for NSC pension, as I was erroneously told by a previous VSO that I would not be approved if i had a debt to the government (the severance). I am also requesting that they take payments of no more than 25% if approved so that I may secure housing.

ETHANS GMA- The VetCenter does treatment and will not do diagnosis. I have not released those records because at this point I feel they would only be gleaned for what the VA would find useful towards their denial. Screw me once, screw me twice.... not allowing a 3rd. Also, the VetCenter therapist earlier this week tried to insinuate I would recover better if I abandoned the fight I feel is futile. She also said that since i showed great progress in DBT, it lends credibility to the BPD diagnosis. I was afraid of the latter coming back to haunt me, but DBT is being used to treat PTSD patients as well so I will not fret at this point. I have considered dropping the Vetcenter therapy based on this recent discussion however.

Same with individual therapist. VA employees are reluctant to become involved in the administration / benefits side of things. I may, however, find something useful in his notes. The VA would have that, but they undoubtedly only see what they like to see.

[Ethan'sGrandma]

Wow...Jaina,

I'm sorry that you've not received the assistance from Vet Center, but it must depend on area and/or individual since the lady that I had working with me worked well with me, and did give me a summary and included the diagnosis that I already had from my treating VA Psychologist. The Psychologist herself also took the time to write a summary for me. When my husband was working with them, too, the Vet Center were his main helpers with the system since he'd gone to the Vet Center before going to the VAMC. I suppose no two people will ever be the same as we all know, but it's too bad it doesn't seem from what you've commented that they appear to be supporting you, at least for claim purposes. There is certainly a lot to be gathered from VA progress notes, too, so hope you do find something useful for your claim. True, I wouldn't give them anything more, either, that's not going to help the claim. You're taking the necessary steps that you can at the moment and I wish you much success!!

[broncovet]

Jaina

You posted:

"An I-9 has been filed since they finally did concede the stressor. It asked that they approve on the basis of aggravation."

Your DRO could be where they "conceded the stressor". Stil, for the appeal to progress, you must file the I9.

Not sure what is going on here. You said you just got the SOC a "few days ago".

I reiterate: If you do not file an I9, with 60 days of receipt of the SOC, your appeal will wither and die.

There is an SOC and a SSOC. You may be referring to a SSOC. A SSOC is a Supplemental Statement of the Case when the Veteran submits new evidence after the VA has filed the initial SOC.

An I9 has NOT "been filed" unless either you or your representative did so. It is not the responsibility of the VA to file the I9, it is the responsibilty of the Veteran to "perfect" the appeal with an I9. If you are unsure, ask your representative if he filed the I9, because, after 60 days, your done.

If you wish to continue your appeal, you need to get to the bottom of this, because the excuse, "I did not know I had to file the I9" or "I thought my representative filed it" wont fly with the VA nor the courts.

[carlie]

had my DRO hearing 2 months ago and recieved an SOC letter a few days ago.

Feel it is some sort of progress because after 2 years the VA finally "concedes your in-service stressor". However, the obstacle remains on tying it to the diagnosis.

What EXACTLY and ALL,is stated in the Reasons and Bases Section that relates to mental health,

whether BPD or PTSD ?

My question is....

What should I do from here? The VA has already denied my request for a re-evaluation, and nobody at the VA appear to be willing to look at flight physicals (with psych evals), performance records, service school performance, awards, etc. prior to the assault in an effort to disprove the BPD discharge I was given after 9 years of service. the real kicker is that 1 month prior to discharge everything checked out OK while attempting an early out. Not to mention the 2 suicide attempts prompted an MEB for "adjustment disorder" related to other stressors which occured simultaneously with the assault. No mention of BPD during that process, but now it feels like the VA wants to change everything to suit their denial. I actually won the fight with the MEB based solely on those very same records of service 2 years prior to the BPD dx that got me out.

ANY ideas would help. I am homeless and have absolutely no income since the VA is recouping my severance pay with the 10% I was awarded for tinnitus in both ears. Therefore, no money for civilian independent opinion. Do I at least have recourse for aggravation even though the thought of letting the BPD dx stand makes me sick to my stomach?

Have you filed for SSDI?

If yes, where does that stand at this point?

Have you checked Homless Housing Options in your area and at VA?