ptsd Finally Going After Sc Comp For Injuries Rec'd In My 1971 Suicide Attempt

[Philip Rogers]

Well, I'm finally gonna do it!

In the wee morning hours(around 01:00am) of April 26, 1971, I had an "accident" where I proceeded to ride a borrowed Honda, 350cc, motorcycle into a parked car, at a high rate of speed, in an attempt to kill myself. There was/were no alcohol or drugs involved. In 4/1989, I found out I had PTSD and have probably had it since serving as a combat infantryman/paratrooper, w/the 1st Bde(Abn), 1st Cav Div(Airmobile), from 7/1965 - 9/1967, based on a social/behavioral history.

I spent 5 days in ICU, unconscious, 3 wks in the hospital and have had multiple surgeries after and due to that "accident." I filed a claim, for those injuries, w/the VA and was awarded 100% NSC pension w/the injuries rated at 70%, retro to 4/26/71.

In the mid 2000's or so, after many yrs of VA counseling, I realized that the "accident" wasn't just an accident but was "as likely as not"(my words) a suicide attempt.

I've finally decided to file a CUE claim, on my original award. My feeling is that "in those days" a claim for NSC Pension is a claim for SC Compensation and a claim for SC Compensation is a claim for NSC Pension. The VA never considered Service-Connection.

I expect this claim will probably take 10 yrs or more to decide.

pr

Edited September 29, 2013 by Philip Rogers

[free_spirit_etc]

PR,

Could you file this as a pending non-adjudicated claim instead of a CUE? If they didn't consider SC, would those claims still be pending?

[Philip Rogers]

PR,

Could you file this as a pending non-adjudicated claim instead of a CUE? If they didn't consider SC, would those claims still be pending?

Yes, I can and thanks for reminding me. I'm hating this aging thing. I sit and watch Jeopardy and go duh, when I used to get an occasional one correct.

pr

I had to correct my spelling of Jeopardy. oops!

Edited September 29, 2013 by Philip Rogers

[free_spirit_etc]

From what I have read (which isn't much) if you can argue that it is an unadjudicated claim still pending - that is the route to go, because the burden of proof isn't as stringent.

Actually, I have just read several cases at the CVA where the veteran was arguing CUE, but the CVA said they didn't have jurisdiction because the claim was unadjudicated and still pending.

[63SIERRA]

Those old honda CB350S were cool bikes. They had the 350 4 also, with 4 carbs. Not easy to sync, but a smooth ride when right.

Glad that huge tank saved ya, . keep on keepin on.

[71M10]

Your medical files and contents of your c-file, at the time of the original award stated you had PTSD (or some other disorder) and categorized your accident as a suicide attempt?

From what you have typed in this thread I am not seeing a clear and unmistakeable error. Since PTSD wasn't in the medical vocabulary until the early 80's I find it hard to fathom arguing they should have recognized the "accident" as a suicide attempt(unless you had a diagnosis of some other mental disorder).

It clearly was against the rules published in CFR38 in 1988 (ETS Dec 87) when the VA found arthritis througout my thoracic spine and purposefully didn't x-ray or survey the cervical or lumbar spine (doing so might have shown x-ray evidence of arthritis there as well) because they didn't want to have evidence of a compensable disability(two joints or minor group of joints with x-ray evidence). It clearly was a deception to state I had a "Bone Disorder" instead of telling me I had arthritis. As corrupt, vile and purposeful as these actions were they are not CUE.

In 88 when they rated me, there was a ratings board at the RO. I think it was comprised of two RVSR's and a medical person. Did that rating system(containing a medical professional) have a higher obligation to recognize undiagnosed conditions (that were clearly indicated by medical facts) than the current system that is a single rater who generally is not a medical professional?

Don't feel bad about jeopardy, rote memorization isn't necessarily as sign of superiour intelligence. I am finding more and more bouts of CRS (cant remember stuff) in my life.

[carlie]

I spent 5 days in ICU, unconscious, 3 wks in the hospital and have had multiple surgeries after and due to that "accident."

I filed a claim, for those injuries, w/the VA and was awarded 100% NSC pension w/the injuries rated at 70%, retro to 4/26/71.

pr

What exactly did the narrative state in that decision ?