ptsd Personal Assault Ptsd

[Guest jstacy]

I am in a claim delima, I have 5 claims pending at the Rating board and one just past the DRO process. I am contemplating filing for PRSD. There are 2 documented stressors and both are listed on the Servuce record and I also have logs. I was awarded Direct SC for the Neck Injury I sustained during one of the stressors and both stressors are related.

My delimma is this. Should I wait to file or do I need to go ahead. The other claims are some of the oldest in the VA system, according to the 800 number. If I file a new claim WIll the VA start from scratch again and cost me 2 more years.

[Wings]

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On October 16, 2000, the VA issued a notice of proposed rulemaking to amend 38 C.F.R. § 3.304(f), concerning the proof necessary to establish occurrence of a stressor in claims for service connection of PTSD resulting from in-service, personal assault. Post-Traumatic Stress Disorder Claims Based on Personal Assault, 65 Fed. Reg. 61,132 (Oct. 16, 2000).

The VA proposed to amend § 3.304(f) to provide that evidence other than the veteran’s service records may be sufficient to establish the occurrence of the stressor and that the VA may not deny such claims without first advising the claimant that evidence from sources other than the veteran’s service records may prove the stressor occurred. Id.

Section 3.304(f) of title 38, Code of Federal Regulations, entitled “Direct service connection; wartime and peacetime,” states:

(f) Post-traumatic stress disorder. Service connection for post-traumatic stress disorder requires medical evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link [AKA Nexus], established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. Although service connection may be established based on other in-service stressors, the following provisions apply for specified in-service stressors as set forth below:

(1) If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.

(2) If the evidence establishes that the veteran was a prisoner-of-war under the provisions of § 3.1(y) of this part and the claimed stressor is related to that prisoner-of-war experience, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.

(3) If a post-traumatic stress disorder claim is based on in-service personal assault, evidence from sources other than the veteran’s service records may corroborate the veteran’s account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. VA will not deny a post-traumatic stress disorder claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran’s service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred. 38 C.F.R. § 3.304(f) (emphases added).

The VA adopted the proposed rule, which became effective March 7, 2002.

Post-Traumatic Stress Disorder Claims Based on Personal Assault, 67 Fed. Reg. 10,330-31 (Mar. 7, 2002) .

[gdsnide]

x

x

x

On October 16, 2000, the VA issued a notice of proposed rulemaking to amend 38 C.F.R. § 3.304(f), concerning the proof necessary to establish occurrence of a stressor in claims for service connection of PTSD resulting from in-service, personal assault. Post-Traumatic Stress Disorder Claims Based on Personal Assault, 65 Fed. Reg. 61,132 (Oct. 16, 2000).

The VA proposed to amend § 3.304(f) to provide that evidence other than the veteran's service records may be sufficient to establish the occurrence of the stressor and that the VA may not deny such claims without first advising the claimant that evidence from sources other than the veteran's service records may prove the stressor occurred. Id.

Section 3.304(f) of title 38, Code of Federal Regulations, entitled "Direct service connection; wartime and peacetime," states:

(f) Post-traumatic stress disorder. Service connection for post-traumatic stress disorder requires medical evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link [AKA Nexus], established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. Although service connection may be established based on other in-service stressors, the following provisions apply for specified in-service stressors as set forth below:

(1) If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.

(2) If the evidence establishes that the veteran was a prisoner-of-war under the provisions of § 3.1(y) of this part and the claimed stressor is related to that prisoner-of-war experience, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.

(3) If a post-traumatic stress disorder claim is based on in-service personal assault, evidence from sources other than the veteran's service records may corroborate the veteran's account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. VA will not deny a post-traumatic stress disorder claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran's service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred. 38 C.F.R. § 3.304(f) (emphases added).

The VA adopted the proposed rule, which became effective March 7, 2002.

Post-Traumatic Stress Disorder Claims Based on Personal Assault, 67 Fed. Reg. 10,330-31 (Mar. 7, 2002) .

[gdsnide]

WIngs,

I was comped as I was in Japan in 1967 & as a result of a difference of opinion ( lol) between me & 2 Shore Patrol they pulled out their big ole sticks all beat me all kinds of ways & when I was on the floor all I saw was feet all over the place mainly on me but I tried to roll up in a ball & guess that helped but as a result I know have Epilepsy rated at 100%.

Since I got comped & was believed & had a Buddy there that saw the entire incident & tew other friends who send in notorized affadavit as to the change in my character& one saw me have what he thought was a Grand Mal Seizure but not being a Medical Person couldn't say this juat relate what he saw. The Chief of Neurologists ( St.Louis,MO) sent a letter stating that he thought "That the Seizure;s were More than Likely Caused by The Beating I received by The Shore Patrol."

This happened in the latter part of 1967 & I didn't report it ( hence no medical records as I was due to get out in Jan.68) & I didn't want to be tied up anu longer than I had to be.

But,

I suppose it's now a common fact I was beat by the Shore Patrol in 1967 so can I file a claim on that for personal assualt?

Any help greatly appreciated.

Thank you for your time.

Sincerly,

Gary Schneider

At present the VA in ST.Louis has me seeing Neurologists & a Shrink ( Who says I have Ptsd . & a Primary Care who sends me to a few different Docs now & then. That gets irrating. Have me on so darn many pills I think I could quit eating & live off them. lol

Have no memory. That's why when I go to see these Docs ( Oh ya, I can't drive because of thedamn Seizures, I have to have who ever takes me with me all the time as my memory. Gets a bit irrating but drives everyone around my house nuts when I retell the same stuff or ask the same stuff. Oh ya, good side one only needs one book to read because one can't remember what they read. lol

My sleeping habits suck. I usually go to bed about 5-6 in the morning & sometimes sleep during the day & sometimes not.

Told my Shrink & asked him if I was Nuts & he said "No" & I said "then whats up." He said "U have PTSD" "I said when does it quit" & he said "it doesn't" & I sad" Hell of an answer,Doc"

GARY

[Pete53]

Although I am diagnosed as Panic Disorder with Major Depression I always screen as having PTSD.

[Hoppy]

It would be best to take the entire SMR, police reports, personnel file and any thing else to a psychiatrist and have them make an assessment as to wheteher or not the records from the military support secondary evidence of a stressor. The RO might think they are qualified to intrepret these reports and screw up the claim.

I filed an PTSD/assault claim. I cited 3.304 (3) shown in Wings post. I woke up from a sound sleep unable to breath for two minutes because somebody put a foreign substance in my mouth while I was sleeping (felony aggrivated assault according to a cop freind of mine). I thought I had taken my last breath. Later I was told they did it because I was keeping people up at night with breathing noises. I was not able to identify the perpatrator. After I recovered and was able to breath again I broke the nose of the first guy that smerked at me . A sleep disorder, anxiety, and a specific statement that I moved off base and will not sleep in the barracks were noted in my service medical records. I was discharged (personality disorder) becuase I went to my CO and told him I wanted a transfer to shore duty so I would not have to sleep in the same room with a bunch of immature babies when we went aboard ship. A guess the CO though I was the problem. I reported the incident to the baracks MAA. No report was taken by the MAA.

I was seen from time to time by VA shrinks for the next 26 years for anxiety and sleep disorders.

All they had was the SMR and the personnel file and post service treatment notes. I took all these records to a VA shrink who wrote a report that the record was consistent with the types of statements and anxiety reaction that would occur as the resutl of a PTSD stressor that occurred as the result of an assault that occurred in the barracks. Would you believe a DRO told me that unless the incident had been reported and there was a police report he would not service connect PTSD due to assualt. I did not appeal becuse I won 100% for the angioedema with secondary conditions and it would not have added a cumlative percentage to my total disability. By the way the angioedema is what was causing the breathing noises at night.