ptsd Applying Ptsd To Claim?

[chriscshunter]

When I initiated my claim I didn't realize I had PTSD so its not on my initial claims. Since I filed my claim and began my transition into the civilian world I began to notice issues with anger and irritability that I never recall displaying before or while I was in. At first I passed it off as other people's fault and just transition stress, but as time went on my anger outbursts got worse. I started looking into PTSD and felt it was an exact match of the behavior I was displaying. Having flashbacks and reenacting them, not being able to put my mind at rest at night, trust issues, anger and irritability...

So I'm waiting for my C&P exam, but PTSD isn't listed... so what do I need to do to get this placed on there so that I can be evaluated and diagnosed? Also I plan to start seeing a personal physiologist, would their diagnosis be of any help?

[john999]

I believe you have to file a claim for it, but how far along are you with the original claims process, and how long have you been out of the service? If you add it in now it will delay your current claim. If you have been out less than a year I would claim it now anyway because even if they don't find PTSD and find some other mental disorder you will probably be SC'ed for it during the first year after discharge.

[Berta]

You need to formally file for PTSD.

"Also I plan to start seeing a personal physiologist, would their diagnosis be of any help?"

Probably not.

"Effective July 13, 2010, VA amended its adjudication regulations governing service connection for PTSD by liberalizing, in certain circumstances, the evidentiary standard for establishing the required in-service stressor. 75 Fed. Reg. 39843 (July 13, 2010). Specifically, the final rule amends 38 C.F.R. § 3.304(f)(3) as follows:

If a stressor claimed by a veteran is related to the veteran's fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of [PTSD] and that the veteran's symptoms are related to the claimed stressor, 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.

See 75 Fed. Reg. 39843 -51 (July 13, 2010) and corrective notice at 75 Fed. Reg. 41092 (July 15, 2010)."

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files2/1414893.txt

If you do fit into the above criteria, the VA will surely diagnose you with PTSD. Also they will consider also any combat awards such as CIB, CAR, or PH on your DD 214 and, in that case ,would probably most definitely concede the stressor.

In this following BVA case it shows how difficult it can be for vets with private psychiatric care to get a PTSD diagnosis from the VA:

In part:
Private treatment records in April 2007 showed that the Veteran described the aforementioned in-service incident. The examiner diagnosed PTSD.

The Veteran was afforded a VA examination in March 2013 in which the claims file was reviewed. The VA examiner opined that the Veteran's symptoms did not meet the diagnostic criteria for PTSD under DSM-IV criteria. The VA examiner noted the above-referenced private diagnosis of PTSD and stated that the test results and diagnosis were not considered relevant as the method of testing used did not include any instruments that would have tested for malingering nor did the private examiner explain how PTSD symptoms materialized years after the identified trauma. The VA examiner stated that research indicated that delayed onset was rare; delayed onset with no prior symptomatology was ever rarer, and the combination of no symptoms for 40 years with then a full clinical presentation was almost unheard of. The VA examiner opined that the Veteran as not a credible historian."
And

"By contrast, the VA examination reflects a comprehensive evaluation prepared after reviewing the claims files and examining the Veteran to ascertain whether the he met the DSM-IV criteria for a diagnosis of PTSD. The VA examination noted that the Veteran experienced, witnessed or was confronted with an event that involved actual or threatened death or serious injury, but the traumatic event was not persistently re-experienced ("Criterion A and B", respectively); he did not meet "Criterion C," which pertains to persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness or "Criterion D," which pertains to persistent symptoms of increased arousal. Therefore, the VA examiner concluded that the Veteran did not meet the criteria for a diagnosis of PTSD."

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1338861.txt

There is considerable info here on PTSD in our PTSD forum.

Also on what stressors are:




And info on how to get Buddy statements :

[Navy04]

First thing is you need to be diagnosed by a Psych Doc, and better if it is by the VA. You can be diagnosed, seek treatment and then add this to your current claim, but it could make your claim take alot longer. I would go thru with your current claim, seek the treatment and let the VA document your treatment well, then once your current claim is complete, turn around and submit an FDC claim for PTSD and go from there. God Bless and good luck. Keep us posted

[Berta]

In a different post it seemed your claim,to me, would be sent to the Buffalo NY VARO.

"Overall, VARO staff
did not correctly process 32 (32 percent) of
the 101 disability claims reviewed."

VA Inspector General report of 2011on Buffalo VARO

http://www.va.gov/oig/52/reports/2011/vaoig-11-00523-258.pdf

More recently

"In the 31-county area served by the VA's Buffalo Regional Benefit Office — covering the western half of New York State from Broome County to Lake Erie — veterans are more likely to face delays in processing disability benefits claims than almost anywhere in the country.

About 61 percent of the 7,254 claims for disability benefits pending as of May 17 in the Buffalo region were at least 125 days old.

Only four out of the VA's 57 regional benefit offices nationwide — in Jackson, Miss., Reno, Nev., Louisville, Ky., and Baltimore — have worse backlogs.

Experts, veterans advocates and others involved in the process say it is unclear why the Buffalo region is worse than others."

May 26th 2014:
http://www.democratandchronicle.com/story/news/2014/05/26/buffalo-region-va-disability-delays/9599581/

This is why I was concerned if your claims ends up in Buffalo.

I have decisions here over a 20 year period that reveal they don't even know VA case law and regulations, and they refuse to read evidence.

I reported this to the H VAC recently. Two of my probative claims were in the backlog , one for 8 years and another for 6 years, that were finally awarded (one at BVA and one at Phila Nehmer RO) because the Buffalo RO failed to read my evidence.

They have lost a 2012 claim I filed and are now "working on" a claim I already won. I sent the VA OIG a complaint at that.