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

[jbasser]

Also keep in mind that if a cue, then the rules in effect at the time would take precedence.

J

[john999]

You know the rules on psychotic and neurotic ratings changed between 1971 and 1973. I filed a CUE for a claim filed in 1972 that was decided in 1973 and it got remanded because of rule change for rating mental disorders that happened between times. That cost me an extra couple of years of wait time. This got by the BVA and was caught at CAVC.

Car wrecks for guys with depression/PTSD is and was one of the most common ways to do a suicide. I wonder if Phil ever talked to a shrink while in VA care. Did anyone do work-up for head injury with psychological tests that might have shown depression. My psychological testing from 1972 disappeared from my file.

Phil, did you ever get a DX of depression from the VA before the PTSD DX in 1989? Did you ever see a shrink in the military for anything to do with sleep problems or alcohol abuse or anything that might have pointed to depression? You know how it is with CUE's. They only deal with what was or should have been of record when original rating was made.

John

[Philip Rogers]

Nope, never knew I had a problem until 1989. All my friends drank. I had over 40 jobs. I don't remember the accident and was unconscious for 5 days, in ICU. My main thing is getting the residuals rated as SC. They gave me 70% NSC permanent & total, at the time. My contention is that they should have known. We'll see what happens. Should be fun. I realized it was a suicide attempt thru my counseling.

pr

[71M10]

Sorry I just don't see this as being a valid CUE, you indicate your PTSD was diagnosed in 1989. PTSD wasn't in general use as a recognized diagnosis until the early 80's. unless the medical records from the time clearly and explicitly have it noted that you attempted suicide, then you still have to link it to an EXISTING SC diagnosis that was present in 1971.

If you didn't realize it was a suicide attempt until 18 years later(after lots of therapy), how was a decision maker in 1971 supposed to make that conclusion? Were you diagnosed and being treated for any mental health condition at the time?

"My contention is that they should have known" should have, would have, could have. You have to prove they DID know, otherwise it isn't CUE.

I would agree that if your mental health and counseling records (for all years) indicate that the 71 accident was an attempted suicide then the residuals of that crash should be Service Connected on a secondary basis, but your not going to get an effective date of 1971.

[Philip Rogers]

Sorry I just don't see this as being a valid CUE, you indicate your PTSD was diagnosed in 1989. PTSD wasn't in general use as a recognized diagnosis until the early 80's. unless the medical records from the time clearly and explicitly have it noted that you attempted suicide, then you still have to link it to an EXISTING SC diagnosis that was present in 1971.

If you didn't realize it was a suicide attempt until 18 years later(after lots of therapy), how was a decision maker in 1971 supposed to make that conclusion? Were you diagnosed and being treated for any mental health condition at the time?

"My contention is that they should have known" should have, would have, could have. You have to prove they DID know, otherwise it isn't CUE.

I would agree that if your mental health and counseling records (for all years) indicate that the 71 accident was an attempted suicide then the residuals of that crash should be Service Connected on a secondary basis, but your not going to get an effective date of 1971.

You are probably right but much like today, the VA knew many VN vets were committing suicide, upon return to the states. I need to research the medical and psyche journals published at the time. I'd done some research previously about scrub typhus and found articles warning civilian medical personnel that some of us would be returning w/scrub typhus and to be aware of it. I'm sure there were articles published about psyche problems in returning vets, also.

I doubt I'd get any retro money but my residual damage should be service-connected. It's worth looking into. jmo

pr