ptsd Confused And Could Use Some Tips And Advice

[LongTooth]

Hi,

I have recently started the claims process with the VA (I filed an informal claim on 04-Sept-2013

I see a private therapist and have a current diagnosis of PTSD, Bipolar II, poly substance abuse.

My therapist agrees with me that my disorders are SC

I've taken the initiative already to get copies of my DD214 as well as my private medical records. Currently I'm trying to track down my records from when I was placed on a 72 hr hold in a psych ward in 2000.

My prescribing Psychologist, who puts in time at the practice I go to, is also a VA doc.

I guess my question is this. If my therapist tells me that they have diagnosed me with the above disorders does that mean that my Psychologist (the VA doc) had to have signed off on the diagnosis and if so does this mean that I should have an easier time with the VA?

I'm also concerned that I may have to track down treatment records from the Army (I assume those would be in my DD214?) Where would I look for any SMR's that I may need? I also wonder if maybe I should try and track down any relevant records from my old Unit to show things such as an Article 15 and any evaluations done that would show the onset of my conditions.

Also if anybody could advise me of what else I should be doing at this early stage to present an effective claim please feel free to advise me.

Thank you in advance for any and all help

Jason

[Berta]

Just to clarify all this...

Are you appealing a negative Character of Discharge determination by the RO?

Have you been able to find documentation or buddy statements, or anything in your 201 file to support a stressor?

Buck is 100% correct here:

"But if the veteran don't have the evidence he needs to win his claims  the VA don't care what kind of attorney we have  it all boils down to the evidence and how its presented."

There are no miracles from lawyers nor even from independent medical professionals.

Is the Therapist you mentioned also a psychiatrist or a psychologist?

(Edited to add these links)

These cases are difficult but can succeed........ but it all depends on many factors as they are always unique and I assume your lawyer read these BVA awards carefully to prepare for the DRO review. They are not easy claims but nothing is impossible.

Proof of the inservice stressor can be the most compelling factor.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files6/1551259.txt

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files5/1541261.txt

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files3/1522970.txt

 

 

 

Edited November 20, 2016 by Berta

[LongTooth]

Buck I feel you're absolutely right. I mean obviously a veteran has to have a case in the first place. No amount of experience, razzle dazzle etc will help an experienced attorney polish a turd. However, that being said, if the veteran has a case then an experienced attorney I feel is definitely the way to go. I have PTSD I have an extremely difficult time most times comprehending normal layman speak. I know I don't sound it. Every time I read legalese my eyes tend to glaze over and my mind wanders, I end up 15-20 minutes later coming too while my eyes are just following the lines, couldn't tell you what I read or what it meant. So in that regard I'm glad to have somebody who can read, interpret and apply 38 CFR to my case as appropriate. I feel that had I gone in there with a VSO or simply by myself I'd probably already be sitting on yet another denial letter.

Evidence is absolutely critical and I feel that here also an experienced attorney can help because they know what is needed and how to get it if it exists. Furthermore I would hazard that an experienced set of eyes helps to give you all sorts of new and different perspectives on an old situation and may help drag up new information that may have been forgotten. That being said all attorneys are different and some probably shouldn't even hold a law license. I feel I found a diamond in the rough with this one so I'm letting her drive the car. I do check the internet frequently regarding PTSD and VA claims for it. I feel this helps me better serve my attorney in serving me. As far as I'm concerned the more people who want to take a look at my claim and offer their opinions/advice the merrier.

I did read Asknod's book a couple years ago there was definitely good information there. It helped prep me for the fight. We did correspond briefly but I believe back then he wasn't knowledgeable about PTSD so the conversation fizzled out.

[LongTooth]

Berta, 

The DRO hearing was to appeal the the initial negative determination finding. they initially  denied due to 38 CFR's statutory bar of 180+ days of AWOL status. 

My military file clearly shows on the second page the dates and number of days I was AWOL which adds up to something like 60ish days which is a far cry from the statutory bar. My attorney made the argument that the number of days the VA reported (549) was some kind of special leave, I forget the exact words used. But basically what it boils down to is that I can't be held accountable for either the army's or the VA's outprocessing screwup. I feel like she adequately handled that aspect of the hurdle. I guess time will tell.

As for buddy statements or stressor proof I wasn't very close to anybody towards the end of my service I've tried to find the names of a few people I could remember but the internet hasn't been much help in locating people and honestly I doubt I would be remembered. I did receive an article 15 for a volatile incident in the motor pool between myself and my section chief so I'm hoping that gives credibility to my case and supports the parts of my experience that in all likely hood where not documented by my section chief. I'm already sure that my service mental health records where destroyed years ago. I did find included in my personell file a statement I had written around the time of discharge in support of myself which I think will be helpful.

My therapist is an LCSW I don't see a prescribing psychologist or psychiatrist because I don't take pills. I have in the past and they have made me worse sometimes significantly so. I live in a medical cannabis state so I choose to explore that route.

From what I read the VA doesn't seem to give much weight to LCSW's however I'm hoping that my therapist's CV, which extends back 30 or so years, and has some high level management positions included, such as running the states suicide prevention hotline, will prove the exception to the rule. I've also been seeing him weekly for the past two years.He also has experience helping vets with PTSD. In the event I have to elevate my care to include a Psychiatrists IMO/Nexus he can refer me appropriately. I could also get my SSDI records and see if they contain SSA's exam notes when they conducted my SSDI exam. Curiously I received my SSDI compensation rather quickly from start of initial claim to completion was 6-7 months which is almost unheard of. So I tend to think I have a case worth pursuing with the VA.

Anyways, sorry for rambling.

 

Regards,

LongTooth

[LongTooth]

So, it's been awhile and I have a further update to my case.

 

As of Nov 2, 2017 My service has been found to have been honorable for VA purposes.

I have successfully navigated the VA's character of discharge process.

Victory, on this particular battlefield, is mine.

[Berta]

And that is certainly a victory!

You stated "have recently started the claims process with the VA (I filed an informal claim on 04-Sept-2013"

A favorable Character of Service Discharge often rests on the veteran themselves getting the info they need ,to rectify  'bad paper' and you DID that!

What do you get the SSDI award for?  If solely for PTSD, make sure the VA knows of the award.

When they made the Character of Discharge determination, did they then mention anything about that 2013 claim?

Congratulations Long Tooth!

Edited December 15, 2017 by Berta

[LongTooth]

4 hours ago, Berta said:

And that is certainly a victory!

You stated "have recently started the claims process with the VA (I filed an informal claim on 04-Sept-2013"

A favorable Character of Service Discharge often rests on the veteran themselves getting the info they need ,to rectify  'bad paper' and you DID that!

What do you get the SSDI award for?  If solely for PTSD, make sure the VA knows of the award.

When they made the Character of Discharge determination, did they then mention anything about that 2013 claim?

Congratulations Long Tooth!

I think if memory serves the SSDI award was for PTSD. One of the things I've been meaning to do is get a complete copy of my SSDI paperwork to include the IMO I received from their doctor.

 

As for the 2013 claim, there was no mention of it, which is fine. In the letter I received they list my application date, which I assume to mean my earliest effective date, as March 24, 2014.

 

So, now I get to sit back and wait some more. Hopefully the C&P happens soon. The thing that is the most difficult to deal with during this process is the insufferable wait and the complete lack of information from the VA while the process is ongoing.