ptsd Ptsd - Mst C&p And Questions

[raymondb50]

LSI called me today and notified me that my C and P exam is scheduled for next week. Really nervous though but excited to get this over with. My claim is for Ptsd by mst. I heard its hard to get this approved.

[raymondb50]

I have my CnP exam next week for ptsd via mst. Has anyone had success with this?

[11cvolley]

I have my CnP exam next week for ptsd via mst. Has anyone had success with this?

I have, but I saw a non-VA doctor for my C&P.

[carlie]

I have my CnP exam next week for ptsd via mst. Has anyone had success with this?

Sure, many vba claimants have had success.

If there's not hard evidence they are also to consider any alternative evidence that you submit

and/or can be corroborated.

See example below.

http://www.va.gov/vetapp13/Files3/1327204.txt

"Initially, the Board acknowledges that the VA has established special evidentiary development procedures with regard to military sexual trauma, including the interpretation of behavioral changes by a clinician and interpretation in relation to a medical diagnosis. Patton v. West, 12 Vet. App. 272 (1999).

The Board points out that, in claims concerning in service personal assault, alternative forms of evidence (i.e., evidence other than service records) may be used to corroborate the Veteran's account of an in service assault.

Examples of such evidence include records from law enforcement authorities, mental health counseling centers, hospitals, or physicians; statements from family members, roommates, fellow service-members, or clergy; evidence of behavioral changes following the claimed assault, such as a request for a transfer to another military occupational specialty (MOS) or duty assignment, deterioration in work performance, substance abuse, unexplained economic or social behavioral changes, or episodes of depression, panic attacks, or anxiety without an identifiable cause.

See 38 C.F.R. § 3.304(f)(5) (2012); see also Gallegos v. Peake, 22 Vet. App. 329 (2008).

Significantly, the record shows the Veteran has not been provided with specific notice of certain provisions that apply to cases involving PTSD based on allegations of personal assault.

The RO must provide the Veteran with notice of the evidence necessary to corroborate a stressor during service to support her claim for PTSD due to personal assault, pursuant to 38 C.F.R. § 3.304(f)(5).

This requirement is consistent with the duty to inform the claimant of the information and evidence needed to substantiate the claim. See 38 C.F.R. § 3.159© (2012). The Veteran must also be afforded an opportunity to provide further evidence regarding her in service assault, including information regarding any in service behavioral changes, such as alcohol abuse, over/under-eating, and episodes of depression, panic attacks, and/or anxiety, as well as the opportunity to submit lay statements from anyone that she may have discussed such incidents with during or after service, including family members (i.e., parents, aunts, children, etc.); friends, and fellow service-members.

See 38 C.F.R. § 3.304(f)(3); see also Gallegos, 22 Vet. App. at 329.

In addition, though the record contains an April 2010 report of contact in which a VA employee states that she mailed the Veteran a copy of VA Form 21-0781(a), Statement in Support of Claim for Service Connection for PTSD Secondary to Personal Assault, the claims file is absent of any VA letter showing the form was in fact mailed to the Veteran at her address of record. Accordingly, on remand, VA must provide sufficient notice to the Veteran.

Accordingly, the case is REMANDED for the following action:

1. Provide the Veteran the notice required by 38 C.F.R.

§ 3.304(f)(5) for claims of service connection based on an in service personal assault stressor. This letter must afford the Veteran the opportunity to identify or submit any additional pertinent evidence in support of her claim, or to advise VA of the potential source or sources of evidence other than her service records, or evidence of behavioral changes that might constitute independently verifiable credible supporting evidence of her purported in-service stressors. Provide the Veteran with specific examples of corroborating alternative evidence.

Based on her response, attempt to procure copies of all records which have not previously been obtained from newly identified sources. All attempts to secure this evidence must be documented in the claims file. If, reasonable efforts to obtain named records are unsuccessful, notify the Veteran of VA's efforts, and request she submit any records in her possession relevant to her claim and/or authorize VA to obtain those records on her behalf."

[carlie]

I merged your 2 separate topics into one.

[raymondb50]

Thank you! I used the guidelines on vet wow to file my claim.

[Navy04]

As long as there is the Medical Evidence in front of the VA, you will always win in the end, no matter how long it takes. God Bless and good luck. Just be honest at the Exam and keep us posted.