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HadIt.com Anniversary 24 years on Jan 20, 2021
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Ptsd/mst Denial


After two long years, I just received a denial and the SOC from the VARO for service connected ptsd due to MST and I am absolutely sick about it. I really need help on where to turn now because I want to continue to fight this, but it seems like no matter what evidence I submit, service connection for PTSD due to MST is almost impossible to achieve. The SOC I received stated that "You have submitted copies of emails, letters, journals entries and documents from the Army indicating evidence of military sexual trauma. Based on all the evidence received, we have conceded that you did suffer from military sexual trauma during your military service. Treatment reports from VAMC/Outpatient Clinic show you have received treatment for PTSD symptoms and for major depressive disorder. VA examination dated on February 14, 2012, states you have a diagnosis of PTSD and dysthymia disorder. The examiner provides the opinion that she cannot say with confidence that your military sexual trauma experiences meet criteria A for PTSD. The examiner also states she cannot resolve that the issue of PTSD is a result of your military experience without resort to mere speculation. Service connection for PTSD remains denied. Although we conceded that you were exposed to traumatic events during your military service, to include military sexual trauma, we have not received any medical evidence that your PTSD is the result of your military sexual trauma. We have requested 2 different VA examinations, with 2 different examiners and both have been unable to provide a medical opinion that your PTSD is the result of your military sexual trauma. The treatment reports from the Outpatient clinic show you have received treatment for PTSD symptoms associated with your history of military sexual trauma. However, these reports do not provide a medical opinion and rationale that your PTDS is due to military sexual trauma, and the result of other trauma."

My MH doctor specifically told me her medical notes were more vague due to my privacy, so If I asked her to write a medical opinion and rationale that my PTSD is due to MST, would this help? Should I go to a civilian MH doctor to gain another opinion?

I was sent a Form 9 and must state why I think the VA decided my case incorrectly. Is it time for a lawyer? I didn't received much help from the VFW due to the VSOs lack of experience and uncomfortableness with MST. I am trying to find records from an outpatient base clinic in Hawaii which will show pregnancy test, STD test and other sickness from the timeframe of MST. It seems the VA wants to link PTSD to me witnessing molestation of daughter almost 15 years after MST instead of all that happened during active duty. Can anyone PLEASE advise me? I feel so hurt, betrayed and now even angry, especially that the VA conceded that I was exposed to MST during my military service. My original post on Hadit was under the PTSD Disorder Claim and was called PTSD/MST Denial as well, but this seems to be a more suitable area to post now.

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Get a lawyer.

My lawyer told VA they are in err.

I'd never know if they were in err or not personally.

I run on on my gut instincts and VA feels adversarial to me most of the time.

That's why I got a lawyer.

I got tired of their judgmental and rude attitude.

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I went through my VA medical records today and I did not see what appeared to be a PTSD/MST nexus. All my treatment notes referred to MST and PTSD, but no actual nexus statement linking the two together. However, I wrote my treating MH physician today and explained my SC PTSD claim was denied and why. I also told her I was appealing the VARO's decision. I included my SMRs with my request to her, as John999 advised, so she could review them. She already has access to my current medical records, especially since most of the records comprise medical notes from her. On my SOC, I noticed that the VARO still had the VSO that dumped me as my POA. I sent the VARO another request to revoke that POA, especially since I am considering using a lawyer for this appeal.

If I receive a nexus letter from my doctor, can I request another personal hearing at the VARO in order to submit any new additional evidence for consideration before it goes to the Board of Veterans Appeals? If so, do I need to still submit a VA Form 9 within the 60 days to make it clear I want to appeal the denial? I have to agree with Broncovet about the nexus letter being the only thing I am missing. If I knew for sure the nexus letter was the only thing missing, I don't know that I would use a lawyer just yet. However, I am almost scared not to have some type of representative on my side, especially when it comes to filing out the VA Form 9 correctly. I plan to request a hearing from the BVA via teleconference on my Form 9, but I would love the VARO to reconsider my claim before it goes to the BVA based on the new evidence (medical nexus letter) I present them. Maybe this is all wishful thinking, but the appeals deadline clock is ticking for whatever I need to do.

If you get an IMO stating your PTSD is at least as likely as not

a result of / related to your active duty sexual trauma,

submit it to your VARO and request they reconsider the claim

based on this new evidence.

Watch your one year clock to NOD and don't let the time pass if this is

your current situation.

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Your post does not make clear what kind of timeframe you were given for appeal, but you do mention a 60 day time for form 9, so I'm surmising that's what you were given? Whatever is the time limit, please make sure you do not miss it. Otherwise, the VA can turn around and deny you so quick if you miss their deadline, even if their error. It happened to me, so would hate to see it happen to someone else. I sent in my form 9 in time, overnight expressed it, actually, signed for at VARO, but I received a notice of claim closed due to no response. It was a good thing I had my copy of receipt, or I'd be out of luck. Meanwhile, I do hope you were able to obtain the medical opinion from your provider...

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Your post does not make clear what kind of timeframe you were given for appeal, but you do mention a 60 day time for form 9, so I'm surmising that's what you were given? Whatever is the time limit, please make sure you do not miss it. Otherwise, the VA can turn around and deny you so quick if you miss their deadline, even if their error. It happened to me, so would hate to see it happen to someone else. I sent in my form 9 in time, overnight expressed it, actually, signed for at VARO, but I received a notice of claim closed due to no response. It was a good thing I had my copy of receipt, or I'd be out of luck. Meanwhile, I do hope you were able to obtain the medical opinion from your provider...

My VA psychologist, a MST coordinator, told me she couldn't write a medical opinion because she only "treats" PTSD. Talk about feeling betrayed by someone I finally trusted to open up to and help me. I point blank asked her if my ptsd was due to mst or not and she said YES it was. She said she was very sorry, she knows it is frustrating and she would talk to her supervisor about it. She said she couldn't add any more to my records than she already did, which are very detailed indeed. My appeal is to the BVA and that's where the 60 day timeframe comes in. I got help from a new state veteran service rep and have already filed the necessary Form 9, with additional evidence. I feel crushed right now, but I am not giving up. Maybe my VA psychiatrist won't be afraid or cop out when it comes to giving an opinion. Time will tell while I wait for my BVA hearing. Edited by lp56
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