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Denied Ptsd From Mst That Was Reported


ACMM

Question

Hello everyone, I've been reading this page on and off for awhile and thought I'd try to get some advice.

I served in the Navy as Air traffic controller from 2007-2012

In 2009 I was raped and I reported it

Transferred duty stations

Immediately began treatment on board my new ship with the ship board Psychologist

After some time she diagnosed me with PTSD

Prescribed Trazadone

I was demoted in job responsibilities

My flight status for controlling was grounded due to the meds and diagnosis

I started a claim in 01/10/2014 for PTSD due to MST

Went to two separate mental health exams

On 01/15/2015 I received my denial letter from the VA stating it is as least likely as not that my PTSD existed prior to my military service. And it is less likely than not the MST aggravated and worsened the PTSD pass its normal progression.

There is no evidence that an in service stressor occurred.

I don't understand how the examiners and the VA can say my PTSD is from my sister getting sexually abused during childhood and me witnessing it. <<<I never stated ever in my life that I witnessed what my sister went through. I was never affected by it because it did not happen to me, which explains my proof of having an active, positive childhood. I held jobs, good grades, good attendance and was apart of Track and field, ROTC and softball until my graduation from high school.

Also, mental health plays a major part in the job I had in the Navy. If I were suffering from any mental health issues including PTSD, ATC would not have been a job option for me and I would have never completed the training or received my FAA card, but I did.

There is an in service stressor, I reported it, I had a rep from a rape advocate group on board the ship, NCIS was involved, I transferred, and my personal work habits declined and is evident in the periodic evaluations we had.

I have already filed a NOD requesting the DRO review my file. I have contacted a handful of Florida politicians and a newspaper.

I requested the NVLSP assistance, but I haven't received a response saying they'll take my case, so I also contacted the American Legion.

I have also requested my entry Physical into the Navy along with the treatment records from in service.

I was able to contact my old divisional officer who over saw my transfer and knows exactly what happened to me that night and he agreed to write a statement for me. My mom also agreed to write a statement regarding the VA accusing me of witnessing my sisters abuse and accusing me of having PTSD then.

I don't know if i'll need those things. I can't imagine what else I need to prove what happened to me in the Navy...I feel like I could gather all of the hard evidence in the world that I was raped and have ptsd, but the VA has zero sympathy for that and refuse to admit or acknowledge what went on.

If anyone has any advice it would greatly appreciated.

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  • HadIt.com Elder

Can you scan and attach here their actual denial? (cover C file number, name and address , prior to scanning.)

On the Evidence list and in the narrative, did they refer to and opine on all of the evidence you had sent to them?

It sounds to me like you had good evidence and can combat the childhood incident regarding your sister.

You made excellent points here

"Also, mental health plays a major part in the job I had in the Navy. If I were suffering from any mental health issues including PTSD, ATC would not have been a job option for me and I would have never completed the training or received my FAA card, but I did."

"I have also requested my entry Physical into the Navy along with the treatment records from in service.

I was able to contact my old divisional officer who over saw my transfer and knows exactly what happened to me that night and he agreed to write a statement for me. My mom also agreed to write a statement regarding the VA accusing me of witnessing my sisters abuse and accusing me of having PTSD then."

Good. Does your mom have any letters or can testify to any conversations you had with her right after the rape, to prove an "outcry" occurred?

Proof of "outcry" ( telling someone of the stressor right away)

often corroborates other evidence veterans have ,to prove sexual assaut in the military.

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Berta,

My mom was the first person I told after it happened and she immediately contacted my ship. I did not think to get her testimony from that because I figured I was good to go since it was reported, but I'm seeing that's not the case, so I'm going to take your advice and have her right an additional statement just in case.

I only started gathering additional evidence once I was denied and realized I was going to have to pull a rabbit out of my hat since my service and medical records was not enough for the claim. So I have not sent in the buddy letters or medical evidence from the event yet.

I'm hoping either the American Legion or NVLSP will contact me after reviewing my claim and realize the VAs blatant errors of failing to read my records in their entirety and attempts to pass the buck.

Being hopeful is all have now.

Mikemmlj-

once I type out the denial letter I will post it. I was very shocked myself and the letter discouraged me. It seems reporting or not reporting means nothing. Damned if you do damned if you don't.

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  • HadIt.com Elder

Welcome to Hadit. Some of the old VA tries to blame everything on childhood. What they forget is that when you were inducted the Military basically said that you were ok. Your job required a great deal of smarts and initiative. I believe that you can win this claim especially with help from Hadit.

Don't give up you earned the benefits.

Are you working and did you ask for Social Security if you are not working.

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