ptsd Denied For Ptsd

[stebarbar]

C7p was 9/2012 and denied ptsd 1/2013 stating no combat action ribbon and no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn't issued until 1969. under medication for anxiety and depression. Can anyone tell me if I have a good chance of receiving compensation. Thanks

[stebarbar]

I don't know how to scan and send. I read denial and stated no service connection of anxiety disorder as ptsd disorder . I also state no dx for ptsd, no combat medal,no service treatment records and no evidence of treatment for ptsd form service to present..My VA psychiatrist did dx me for ptsd 5/2102 4 months before C&P but didn't read the VA medical records. I received my dd215 this month showing the CAR and PUC for the 1st Marine Div. On 10/12/2012 Vfw VSO sent dd215, va medical report from 5/2012 of dx for ptsd by psychiatrist. I hope this helps and I really appreciate you imput. Thanks

[Berta]

"I received my dd215 this month showing the CAR and PUC for the 1st Marine Div. On 10/12/2012 "

GREAT!!!!!

"Vfw VSO sent dd215, va medical report from 5/2012 of dx for ptsd by psychiatrist. I hope this helps and I really appreciate you imput. Thanks "

That is double Great!!!! A VA dx of PTSD!!!!

I think your VSO saw that they had definitely committed a legal error.

Did the VSO ask them to reconsider? Or point out their legal errors with what he sent?

In any event I am glad to see this fast update from you here.

And I knew you probably had the PUC as well.......Thank you for your exemplary service for the US of A!!!!!!

When my husband learned from the DD215 that his unit had the PUC he was at first kind of proud of that.,and started telling me some more about his experience in Vietnam regarding the "shoot them up -Patch them up stuff"....then within a few hours all hell broke loose

because he started to talk about a lot of other stressors he had ......he died 3 months after he got the DD 215 and I bought his Vietnamese medals when when my daughter graduated from Lackland BT at their BX in Texas some years after that.

He was 100% P & T SC for PTSD, 30% AO IHD, 1151 100% As if SC CVA, and SMC, death due to AO DMII award.2009)and Nehmer AO IHD award (2013) and dead due to piss poor VA health care (FTCA settlement and 1151 award for wrongful death.(1997-1998)

What do you get the 30% for now and do you think that is enough?

.

Edited October 25, 2013 by Berta

[stebarbar]

many thanks for your input . The vfw vso sent a 21-4138 and it looks like an appeal and he also sent a letter I received 2 mos after I got out how our best friend was shot and was in critical conditioned and another team was ambushed and don't if any casualties yet. I still feel the guilt since I left after my tour in Vietnam. I was the only x grunt in the outfit who was trained all phases of guerrilla warfare. I was previous a 0341 and got transferred to shore party 1381 and the letter was to show shore party was out with the rifle companies and took casualties .

[Berta]

I am surprised the VSO didnt request a reconsideration with the new evidence or call a CUE on them.

"I received my dd215 this month showing the CAR and PUC for the 1st Marine Div. On 10/12/2012 "

That is extraordinary new evidence! Make sure the VA has a copy of the DD 215.DId the VSO send in a copy of it with the 21-4138?

My husbands DD 215 was sent to VA over 20 years ago .I think their only mention of it (I had numerous claims since he died) was in my AO IHD award letter in 2012. He had been SCed for PTSD in 1983 so it was not an issue for his claim but will be in your case.

[63SIERRA]

Also I read somewhere that if you were in combat, they have to give more weight to what you tell them happened to cause your ptsd.

example I was shot at and knocked off of a tank by a sniper, but my ceramic plate saved me. they should not question that this actually occured .

[Berta]

“they should not question that this actually occured . “ As long as there is a PTSD diagnosis from a VA MH professional.

you are correct in this respect :

“in the absence of clear and convincing evidence to 
the contrary, and provided the claimed stressor is consistent with the 
places, types, and circumstances of the veteran's service, the 
veteran's lay testimony alone may establish the occurrence of the 
claimed in-service stressor.”
from:http://www.hadit.com/forums/topic/51579-new-post-july-13-2010-new-regs-ptsd/

But they might.

The new PTSD regs and info in the above hadit link have helped OIF/OEF vets more than they helped Vietnam veterans,unless their claims for PTSD were filed within the specific dates...that should be in one of those links.

Also more info here.

Many vet lawyers, reps, veterans themselves and advocates like me fought these regs when they were published in the Federal Register for comments.

We were specifically alarmed at the required PTSD diagnosis that must come from a VA MH professional. An independent medical opinion diagnosing PTSD would not conform to the new regs.

The VA is probably the best in the world, in diagnosing and treating PTSD.

However, an arbitrary C & P, failing to diagnosis PTSD,when in fact the vet does HAVE PTSD from service, can save the VA big bucks.

Also Vietnam vets and other war vets still seem to need absolute proof of their stressor,unless they have the CAR,CIB,of PH on their DD 214.

Fortunately the internet has made it easier than it used to be for vets to not only get their inservice records but also find a buddy through their unit web sites,or even just by goggling the buddy's name.

A buddy who can give an eye witness account, placing them and the claimant at the same place and time of a stressor, can turn the tide on some PTSD claims whereby VA questioned the inservice stressor.

Also if the VA says they checked with JSRRC and JSRRC found no record of the stressor event, I say best that the vet write to JSRRC themselves (maybe VA just said they checked but didnt) or they can check the unit's history on line.

Obviously your situation might have occurred during a skirmish or battle,or even a brief incoming incident and it should be documented in the unit's morning reports.

But the circumstances alone,if they conform to the new PTSD regs, might get VA to concede this stressor.

I assume you were not seen by a medic or corpsman when this happened as,fortunately you sustained no injuries, and I have no doubt that this was a major stressful incident for you.