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

[blackcloud]

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.

[blackcloud]

UPDATE #2

Thanks for the pointer Vync will check it out.

Sorry for the delay I have been battling this non-stop (along with a quadruple by pass surgery in June. I dodged the widow maker by hours I was told which oddly has not changed me in the slightest) and the only things that keeps me going is my wife and the encouragement here.

The suits said no to the case after examining for over a year. That's ok, cause some other things came to light. My psychologist wondered why I was avoiding some of my appointments and I told here that when it was determined it was my problem and not the military's I so no need to stand in the way of others who were determined to be service connected. She looked at my P&E exam and said I had gotten a raw deal from the examiner and I should continue to pursue a claim (by the way this doctor has been the most effective at helping me with my PTSD. I hope she stays with the VA) So I headed to the Regional DAV office and started the claim process all over again. I am hopeful that I can get the VA to admit that this stems from military service and not from my childhood.

Stay strong y'all and when dealing with the VA; check six often...

[Berta]

In a past post you stated:

"I am working on securing funds for an IMO. Do you (or anyone else) have any pointers on the type of psychiatrist to get.. one that specializes in PTSD or Childhood trauma (to debunk reason for denial).."

Is VA saying you have PTSD but attributing it to a non service connected cause?

The problems with the new PTSD regs is that IMOs dont help, particularly if they do not accept the stressor.

Can you scan and post the decision here as to their Reasons and Basis and also the Evidence list?

A PTSD claim can lock a vet into a claim that might succeed if the claim was for PTSD,as well as acquired anxiety disorder, depression, etc etc....and that would take it out of the realm of the constrictive PTSD 2010 criteria.

I posted a BVA decision like that here the other day.

The Vet had claimed PTSD and an acquired anxiety disorder.

BVA denied PTSD but awarded under the anxiety disorder.

I am a firm believer that (and experienced this myself as a claimant), that the needle in the haystack can be found.

The internet today has made it far easier to find buddys than ever before.

[Berta]

This isnt the claim I posted the other day, but it shows what I mean:

Veterans can get Locked into stuff like PTSD, when they should also claim other MH issues as well.

The BVA case in the link above shows how VA can "re characterize" a disability and the amount of comp would be the same anyhow, because comp is based on the same rating schedule for ALL MH issues.

Vets also get locked into Presumptives, but the truth is they often might have basis for a direct SC claim that might be denied under the presumptives.

And also there is the Chronic presumptive regulations. Many vet reps dont know all of disabilities that fall under this list and so they dont seek to find if the veteran can make a claim under these regulations.

The way a claim is worded can lock us into.

It is always a good idea to raise as many theories of potential entitlement as possible.

I raised 4 separate theories of entitlement as a widow, for DIC

I won under three of those separate theories.

NOTHING is impossible. It just takes a lots of work.

Edited February 10, 2015 by Berta