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Effective Evidence For Depression / Anxiety / Ptsd Claim


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Patrick / or Anyone else with info,

First thank you from the bottom of my heart for you lending your expertise with this forum. My issues are a little different, thus I kept them to myself since 1992. I was retaliated against for whistle blowing by my chain of command. This went on for 2 1/2 years. Throughout that time period, I received threats against the welfare of my family, nearly a dozen admonitions, 4 reprimands, 2 poor performance appraisals (my prior 11 yrs were very good), Article 15 , General Courts-Martial. I was recommended for 1 mental health evaluation (which I declined), then ordered admitted to the psychiatric ward to submit to another (even after my commander received word from the Inspector General that my claims had been substantiated). He used his command influence to get a psychiatrist to author an evaluation w/out ever testing or consulting with me. Luckily my congressman and several civil rights groups eventually intervened and I was reassigned. Damage was already done. I was a mess. When the jury read the verdict at my trial, I passed out. Fortunately, I was found not guilty after a mere 21 minutes of deliberation. I the nights of unmedicated good sleep I've had since that time I can count on my fingers. I have 4 reoccurring nightmares pertaining to these events in my life. Needless to say, I trust no one. I nearly went mad knowing that although I won my case, I lost everything else. The 2 poor performance appraisals ensured that I wasn't promotable for 6 years. I was deeply hurt watching my peers pass me by. I became deeply depressed and sought counseling from my church. It helped me cope with day to day life, but my symptom persist. My network of assistance has disapated over the years and after I retired 19 months ago, my wife finally convinced me to see someone. I chose my family practicioner. I gave him a complete history of documentation relating to the above listed issues and he diagnosed me w/ PTSD, depression, and anxiety. I currently take prozac and it has helped some. Will I need an independent psychiatrist to concurr to rebut anything the VA is going to say? The DRO currently has my package on my ammended claim and I've scheduled an appt. with a psychiatrist for an evaluation. Does anyone have any other advice? I realize my issues are not as violent as others but my lifes a mess just the same. Thanks in advance for any input received.....

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Payback-Welcome aboard-

Many here can relate to all of this-

"I chose my family practicioner. I gave him a complete history of documentation relating to the above listed issues and he diagnosed me w/ PTSD, depression, and anxiety. I currently take prozac and it has helped some. Will I need an independent psychiatrist to concurr to rebut anything the VA is going to say"

Do you have a Service office or vet rep?

Do you have your Service medical and personnel records?

Do you have documentation of your private doctors treatment?

I see your claim is with a DRO-

"I've scheduled an appt. with a psychiatrist for an evaluation. Does anyone have any other advice"

A good independent opinion from a psychiatrist will go along way combatting anything the VA could come up with-

if you have been reading here for some time before joining- you see what these men and women often face when they file claim.

This IMo should include the MMPI test, Wechler, results of whatever tests the doctor gives you-

and some documentation of what meds you take and what they are for-

Veteran- you got a decision-that prompted the DRO review-

the VA told you why they denied -can you tell us why they denied your claim specifically?

It would help us shape our advisce to you-

I feel the independent medical opinion is an excellent idea you have-this helps many vets but---

has the VA given you any C & P at all yet?

Do you have some medical statement in any SOC that the IMO has to overcome?

A costly IMO might overlook something a medical VA opinion could reveal and then this would mean another IMO-

It you tell us what they denied on-we can help more-

Does this cover a Character of Discharge determination as well as a service connection claim due to the CM?

Article 15s and court martials can be overcome- for VA purposes-BUT

it depends on a lot of factors however---

was this regarding the court martial?

"Fortunately, I was found not guilty after a mere 21 minutes of deliberation. I the nights of unmedicated good sleep I've had "

What steps did the miltary take with this finding as far as your discharge papers goes?

We can surely try to help you- you came to the right place- but we need to know more-

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Payback,

For the purposes of a rating in PTSD or any other mental disorder, you must first, get a diagnosis from a psychiatrist or a psychologist saying you have PTSD, or any other mental disorder. Second, you must clearly show that the diagnosis is service-connected or as a result of your time in the military. Any psychologist or psychiatrist can say you have PTSD, etc., but can they must deifinitively say that your mental problems are "more likely than not as a result of military service?"

Third, I would construct a self-report detailing the causes and events that brought on the mental problems. In other words a self-statement similar to a stressor letter that clearly defines those things that cause your problems are aggravated them.

Finally, you may be assigned another C and P for purposes of substantiating your mental issues. If your going to have a private psychiatrist perform an evaluation, make sure he follows the protocol used by VA psychiatrists or psychologists doing evaluations. Somewhere on Hadit or in Chapter 38 should be the examination requirements for such an evaluation.

Patrick

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  • HadIt.com Elder

Except for PTSD if you don't have some evidence of diagnosis and treatment while in the service it is hard to prove mental problems are going to be service connected. If you SMR's are "silent" regarding mental/or emotional problems while in service you are going to need some good luck. Maybe discipline could be used to show a emotional problem but that never helped me and I had lots of stuff that would indicate something was going on after RVN.

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Good Afternoon,

Thanks for the response. I will try to answer all of your questions. First, I was represented by AMVETS but after my initial meeting with them, I haven't even been able to get them to return a phone call. I realize they're busy and have tons of clients but the VA has sent them copies of every letter they sent me and still nothing. I currently seeking other representation. I recently moved from San Antonio, TX to Anchorage, AK so I'm searching the local area for assistance. I do have copies of all pertinent records. I haven't seen a private doctor as of yet. I plan on taking the protocol the VA uses in to my appointment. The only document that I have that shows I indicated mental issues was on my retirement physical form ( I don't know the form number). The form where it asks if there are any medical conditions you experienced but didn't seek medical care. It was on that form that I stated I suffered from depression and anxiety. I also disclosed this during my QTC exam but it is listed nowhere. Also missing were complaints several other issues. I filed a complaint with TX state board about the doctor who performed my QTC exam. He reported that he performed numerous tests and it's a blatant lie. My wife was there and can testify to the fact that after waiting in the exam room for 45 minutes, my entire time with the examiner was less than 15 minutes. During that time, he supposedly performed all the necessary tests for the following conditions: Bilater knee problems (torn ACL, MCL, LCL, lateral meniscus, tricompartmental chondromalacia, degenerative arthritis muscle atrophy - right knee / partial ACL lateral meniscus tear, chondromalacia patella, degenerative arthritis - left knee. Bilateral Carpal Tunnel Syndrome, Bilateral Cubital Tunnel Syndrome, Migraines, tinnitus, high blood pressure, gastroesophageal reflux, irritable bowel syndrome, demylinating ulnar neuropathy (right elbow), and miscellaneous other ailments. I told him that I was having trouble with the pre-exam survey because I was starting to get a migraine and it was beginning to affect my ability to focus or concentrate. He said it was no big deal and that they would do a complete review of my entire record. His version of the McMurray and Lachmans tests were asking me how far I could bend my knees. The same with other tests. Despite having a recent NCS (nerve conduction study) performed by a hand specialist diagnosing me with moderate carpal tunnel and cubital tunnel syndromes he claims that his observations are that I was normal. Again, he did no testing. For migraines, he says I told him that I have an attack about every 4 days and the average duration is 2 days. Treatment was rest, medication, complete darkness and silence. However, somehow I'm able to go to work and have only missed 2 days of work with no functional impairment. I went back to my supervisor and asked him to document his knowledge of my injuries because he kept track of my schedule. Throughout the "rating decision" it states that I missed minimal time from the job. The letter from my former boss states that I was medicated and sent home for 48 hours with each migraine and that I missed over 6 months total due to my right knee injury. I was injured 12 Nov 2002 and returned to work 28 Apr 03. I had a second surgery on the same knee and missed an additional 6 weeks. Due to the nature of my job, my duties and environment had to be altered to allow me to work. We installed industrial padding throughout all walking surfaces to take the stress off my knees, lower back and feet. For the carpal and cubital tunnel, I was put on a restricted work schedule requiring frequent breaks and alternating assignments and visits to occupational therapy for treatment. My rating decision is full of junk like that. The 40% I received was 10% for migraines, 10% for acid reflux / irritable bowel, 10% for tinnitus, 10% for LOM for my right knee. Nothing for carpal or cubital tunnel, other ratable knee problems, LBP or anything else. According to the rating schedule, I should've been rated 50%+ for migraines alone. Since then, I've continued to gather medical documentation and forward to the VA. I sent in my NOD and chose review by a DRO. Based on what I've read in here, I waisted my time taking that route. Regarding my career, I retired a TSgt (E-6) with an Honorable Discharge. I've got nothing derogatory in my record accept the 2 performance reports from that time period. Everything that happened to me resulted from me filing a FW&A complaint against people within my chain of command. They tried to do everything they could to finish me, but I wouldn't provide any avenues. My 1st Sgt got an old marine buddy of his to try to run me off the road. Long story short, we had a public disagreement regarding his actions and he told the shirt that I threatened him. I was offered an Article 15 two days later w/out anyone ever asking me what my side of the incident was. I knew I would receive a fair hearing from my commander so I opted for a General court-martial. I was charged with service discrediting disorderly conduct and communication of a threat. Trial lasted for 2 days and we got a 21 minute verdict. I was facing 5 to 8 years. GOD wouldn't let that happen. Two days before trial we received rebuttal information concerning the complaintant that the prosecutor said didn't exist. A friend of a friend working at the county court house discovered in the public database. After the trial, I was advised to leave what happened there alone and start over. I did. However, the nightmares kept coming and haven't left sense. The threat of being kept against your will on a psychiatric ward or the threatened kidnapping of your child, and someone trying to run you off the road and into oncoming traffic are part of the nightmare my nights have become. Not a month goes by without me awaking covered with sweat from one of my nightmares. I never sought help because after working within the military healthcare arena for my career, I've seen what a stigma is placed on folks who seek help. Besides, everytime I relate or discuss these issues, I know that the next several nights are gonna be hell. My wife was able to convince me to see someone since I'm no longer active duty. I want to be the best husband to her and father to my sons and perhaps it will help in the long run. The fact that all this happened is undisputed, I have transcripts of everything from the investigations, lawyers etc... Throughout the last 7 years of my career, people who I worked for or with and knew my bearing were amazed that I was any higher in rank. They would always inquire about it. I wouldn't disclose anything and would get more and more depressed. I felt like I was robbed in plain daylight and no one gave a damn. I'll cut this short, I'm starting to get another headache. I hope I filled in a few blanks. I would appreciate any guidance you all could give. Is there such thing as a ratings calculator? The kind I'm referring to is fill in the blank and it calculated the %. If so, please point me to it. Take care and talk to you soon.....

Many here can relate to all of this-

Payback-Welcome aboard-

Many here can relate to all of this-

"I chose my family practicioner. I gave him a complete history of documentation relating to the above listed issues and he diagnosed me w/ PTSD, depression, and anxiety. I currently take prozac and it has helped some. Will I need an independent psychiatrist to concurr to rebut anything the VA is going to say"

Do you have a Service office or vet rep?

Do you have your Service medical and personnel records?

Do you have documentation of your private doctors treatment?

I see your claim is with a DRO-

"I've scheduled an appt. with a psychiatrist for an evaluation. Does anyone have any other advice"

A good independent opinion from a psychiatrist will go along way combatting anything the VA could come up with-

if you have been reading here for some time before joining- you see what these men and women often face when they file claim.

This IMo should include the MMPI test, Wechler, results of whatever tests the doctor gives you-

and some documentation of what meds you take and what they are for-

Veteran- you got a decision-that prompted the DRO review-

the VA told you why they denied -can you tell us why they denied your claim specifically?

It would help us shape our advisce to you-

I feel the independent medical opinion is an excellent idea you have-this helps many vets but---

has the VA given you any C & P at all yet?

Do you have some medical statement in any SOC that the IMO has to overcome?

A costly IMO might overlook something a medical VA opinion could reveal and then this would mean another IMO-

It you tell us what they denied on-we can help more-

Does this cover a Character of Discharge determination as well as a service connection claim due to the CM?

Article 15s and court martials can be overcome- for VA purposes-BUT

it depends on a lot of factors however---

was this regarding the court martial?

"Fortunately, I was found not guilty after a mere 21 minutes of deliberation. I the nights of unmedicated good sleep I've had "

What steps did the miltary take with this finding as far as your discharge papers goes?

We can surely try to help you- you came to the right place- but we need to know more-

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  • HadIt.com Elder

God Bless, moved to another state, recommend you check in with Vet Center also. good cronies there often, veterans benefits vary also, taxes, discounts, housing; etc. Looks like you have good filing system going and are up to date with yourself; good for you. cg

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  • In Memoriam

PayBack,

Welcome to hadit. Some would think that it took a lot of courage and trust for you to be able to talk about all of this with new people. Some will understand that you simply don't have much of a choice. Maybe you have a couple of buddies that witnessed some of this stuff. Hang-in-there for the laws they are a changin. I am glad to know you PayBack.

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