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C&p For Ptsd. Received Was Less Than Not Likely

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blackcloud

Question

Howdy

I had my C&P on 8-20-2013.

Went to Release of Information today(8-21-2013) and saw the entry "Condition was less likely than not (Less than 50%) incurred in or caused in service. "

My guess is that it will be denied (Am I wrong?).

Background as follows on me

Childhood abuse

Childhood Molestation

Abusive step-dad

Alcoholic mother

Did good in school
Graduated High School as expected

Never had any "run ins with the law"

Joined Navy in 90

Graduated Data Systems school

Given Top Secret Clearance after passing background, health and mental check.

Traumatic event was non-combat in late 92

Shipboard fire

While combating the fire I ended up in the blaze and saw my face-mask; for my respirator; begin to melt closing in on my face. Felt extreme horror that this was the end. Next thing I knew I was being stripped and doused with water, taken to triage in the hanger bay. Was told by unknown medic I was ok.

I was having sleep issues sometime later.

Spoke to my Operations officer about it. He said I could suck it up and move on and keep my clearance and job or seek help and lose clearance and rate (MOS).

I just sucked it down no follow up medically speaking was done.

Was honorably discharged.

Had traumatic event when I was working as a corrections officer in 2004.

Was nearly choked to death during an escape attempt.

I sought help with VA about issues I was having concerning having someone touch near or around my throat area (like hugging).

Managed to get to a point where I felt ok.

Then in 2012 my mother (whom I was fighting with) died in a fire.

When I got to the scene they (the fire department) had just wrapped up and left.

That posed to be too much for me to keep everything down.

I started having flash backs to the fire that nearly claimed my life.

Things went downhill from there.

Nightmares, confrontations with strangers, fights with wife, depression, drinking.

Suicidal thoughts, Being backer acted while in treatment with VA.

DX with PTSD from VA

GAF avg 55

Been in treatment over a year.

From What I have read here I meet the criteria and burden of evidence.

  • A Current Disability. There must be a current disability, one that has been diagnosed by a medical professional; DX PTSD from VA
  • An Event In Service. There must be evidence in the military service records of the occurrence or aggravation of a disease, injury, or event in service; and, Shipboard fire
  • Medical Nexus Evidence. There must be a nexus, or link, between the current disability and the in-service disease, injury or event; i.e., the veteran must present medical evidence that the current disability and the in-service disease, injury or event are related. My mothers Death broke the denial I had suppressed from the event in the military.

My question is should I wait for the decision (expected around 04-2014 or 10-2014 according to the ebeneits site) and NOD

OR

Should I upload what I have stated here, on the eBenefits site as information to be considered that appears to have been overlooked in C&P (no mention of my moms death and the relation of how this exasperated my condition)?

I will wait for other to chime in, and will answer any questions as fast as I can.

Thanks to all.

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  • HadIt.com Elder

After reading Blackcloud's claim details, I'd have to say that it's going to take

a lot of work to overcome the VA's denial.

On the other side, it looks like the VA failed to give "Benefit of Doubt" to the veteran.

The original triggering event seems to be offset by the VA, possibly in part due to the later participation in

volunteer fire fighting. A good medical opinion might consider this as an attempt to

"self treat" PTSD. After all, the military and VA often used the "ride the horse again" methods of treatment.

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Thanks to all for helping...

this has helped me get over the first part of the pending denial of claim.

I was able to track down and provide a newspaper article that mentioned the fire and that there were some injuries.

Berta

you said "The problem I think you might have is proving to the VA you were at the scene of this fire,in such close proximity that your face mask began to melt. I was with a local fire dept for 8 years as auxiliary......that was Really getting close to flames....."

Sadly the respirator the Navy used in 92 was not really suited for fire fighting but for mining

http://www.damagecontrolmuseums.org/dcequip/breath/oba4.html

We would even perform a seal test by grabbing the hoses and sucking in air, if the face shield buckled it was a good seal. That clear face shield is not rigid but flexible. That is what started to melt. When I 'came too' all that equipment was gone (as were some of my clothes).

I will try to track down my Operations Officer that told me to suck it up.

I can get buddy letters and letters from family members who saw the change in me.

Chuck75

I did for a while just try to 'handle myself' I was embarrassed and ashamed at some of the things I was going through. I was worried if I sought help that others would see me as weak or pity me. Guess it was bigger than I thought.

I will line up an IMO and make sure to give the DOC all the info I have and what I am seeking from the IMO.

James

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Well I just got my results back...

Denied on all fronts

guess it's time to NOD and start all over again

I will try to get an IME but funds are tight

I am kicking around the idea of an attorney (thoughts on this one please)

Thanks

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  • HadIt.com Elder

Well I just got my results back...

Denied on all fronts

guess it's time to NOD and start all over again

I will try to get an IME but funds are tight

I am kicking around the idea of an attorney (thoughts on this one please)

Thanks

I'd go with the lawyer but you'll need an IMO to counter their C&P report, as the VA always tries to blame someone/something else. Your stressor certainly was a valid incident. I know money's tight and the VA knows that also, which is just another way they screw the veteran. jmo

pr

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Thanks Philip for your input on this one. I will seek out that IMO (no matter which way I go (challenge myself or lawyer)). That seems like the best pace to start.

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  • HadIt.com Elder

Yes, you need an IMO. You talked to the VA way too much about your life before and after the stressor. You need to have doctor or doctors separate out all the prior and post military events so you can focus the VA's small mind on the ship board event. You need a lawyer as well I think. Don't talk to the VA any more about anything that happened before of after the Navy. What you want to present to the VA is a normal childhood and normal adulthood except for events in the military even if you have to lie like a rug. What possessed you to discuss your childhood with the VA? My childhood was not perfect but damned if I would discuss it with the VA. I made the mistake of being honest with Army psychiatrist and it got me "psychopathic personality disorder" DX which almost ruined my life. Never discuss real facts with these bastards.

John

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