ptsd Denied Ptsd~Have A Diagnosis From A Vet Center Psychologist!

[jereljenkins]

Hi

I am new to this forum and would like your opinion. I am the spouse of an Army Veteran. Jerel, was honorably discharged in 2005. He spent 19 months in Iraq. He dealt with several stressors including a vehicle in front of him running over a live bomb and 17 of 19 were killed, having to pick up bodies after the UN Bombing, being fearful every single time he had to travel while there, and while traveling an iraqi girl and her father were standing on side of road while Jerel's unit was traveling. The little girl waved at Jerel and he waved back. The little girl then threw something and in a flash, he thought his life was over. It turned out to be a fish, but when she threw it he had no idea what it was. Jerel's job was a fueler.

In April 2012, I helped him file a claim for PTSD, Back Pain, Tinnititus, Bilateral Foot Rash(both) and Bilateral Hand Rash(both). He had began seeing a VA therapist at a Vet Center near our home. He was diagnosed with PTSD. He did not get his treatment summary until January 2014. His therapist felt he needed more appointments before she wrote the diagnosis down. Because the VA didn't receive the diagnosis, they sent him to several contracted appointments. They were for Back, hands, feet and PTSD.

Let me tell you, the PTSD appointment was horrible. We filled out all the paperwork and answered all the questions before he got there. The appointment lasted less than 10 minutes. The psychiatrist response to Jerel was always this statement "that doesn't mean you have PTSD". In the denial letter, it seems as if she twisted everything we answered on the forms and turned it into her own answers. Jerel, at one point in time, smoked marijuana to deal with his PTSD issues. He quit smoking in June 2009. This contracted appointment was in August 2013. She diagnosed him with "cannabis abuse in early remission" on 2/20/2015. I did my research. For a patient to be diagnosed with "abuse in early remission" the patient had to have quit the abuse within the last 12 months. Jerel had been sober for 4 years at the time of the appointment. I think she read the question on the forms we filled out that asked if he ever smoked marijuana and then came to her own conclusions. I appealed the decision this past week. Has anyone ever dealt with this type of behavior from a VA Contracted therapist and if so, what was done to fix it?

Jerel now has no trust at all in the system and he quit going to therapy. He has a hard time. Horrible dreams about things he saw in Iraq, lashing out at me and the kids, paranoid, feelings of fear, punching holes in walls and an unhealthy obsession of viewing Iraqi streets on GoogleMaps.

Also, he was given 10% rating for hearing. 0% for bilateral foot rash but denied for the hand rash. This denial confuses me as well. The hand and foot rash came from the same source. So how can they say "okay your rash on your foot is service related but we are denying the hand rash claim"

I am no professional, so please have patience with me. I wrote a notice of disagreement and would like your opinion without anyone making me feel bad. If anyone would like to see it, please let me know.

What do you think of the PTSD claim? Do you think we can get the diagnosis of cannabis abuse in early remission thrown out being that he is clearly pass the 12 month in remission stage? Do you think the fact that the therapist was not professional can play a role in the VA approving his request? The fact that he has a diagnosis dated AFTER the Contracted diagnosis should be considered.

[jereljenkins]

Sorry. I just realized its not in correct order and some are upside down. I am about to edit and add again.

[jereljenkins]

The decision pages are all messed up. When I get more time, I will add those and the treatment notes. Probably tomorrow night or Saturday morning.

I'm not sure if this is wise, but I also made Jerel an appointment with a civilian therapist as well. That appointment is tomorrow. The VA Hospital appointment is on the 23rd.

[Berta]

I have a suggestion...please don't take this the wrong way....I know you are doing everything you can to help your husband.

Many years ago I wrote a letter to the VA regarding something about my daughter's DEA benefits.I think if was for her Certificate of Eligibility. She had been granted those benefits in 1997.

I received a very nice letter from VA Educational Department...reminding me that my daughter was an adult, as well as a member of the Armed Services, (USAF Intel) and would have to ask those questions herself.

Of course the VA was right.

The NOD must be prepared by your husband.

What I mean is I wrote an NOD for my husband that he dictated to me. I had to tweak parts of it and he dictated his 1151 claim to me as well.

I felt the 1151 claim was very dramatic and scary, because he predicted his death in it, if the VA failed to give him adequate care.

he died about 8 months later and he was right.(FTCA /1151 award wrongful death)

I proved every malpracticed condition he stated he feared would cause his death ,in his 1151 claim.At that point the VA had to deal with me. His death had made me the claimant.

A few months after his death his best friend was here, and I realized the VA almost killed him too.He just had surgery at VA....long story....

I immediately wrote a one page claim ,as if I was him, with his name address and C file number on it, and asked him if he trusted me enough to sign it, copy it, and mail it with proof of mailing to the VA. He did not understand the claim at all.

He is still one of my best friends but due to his PTSD ,has problems assessing things.

About 6 months later, he came here with a letter from VA he did not understand. Based only on the referral to his VA medical records, I made in the claim, he was awarded 100% P & T.

I have written claims and Nods for a few people here.....but only as a template.

Whatever I had witnessed myself, in my husband's care, I stated in prior submissions, testifying that this was the truth as I knew it and I could be found guilty of perjury if I lied. And signed that oath as well.

My long point here is , this is the veteran's claim.

As best as he can, the NOD should be in his words, or at least written by you for him ,and he needs to sign it himself.

At some point my husband could no longer type at all due to his stroke and VA was well aware of that.

You can certainly add your personal statements to the NOD. And sign your name as well, with an oath to them.

It sounds like he is requesting a Reconsideration in this NOD but I feel that should definitely be filed first and then if they do not react to it favorably within a few months, he can file the NOD.

But Reconsideration request not only do not stop the NOD one year clock, sometimes they succeed, but often they dont.

I hope you can attach the C & P results because I want to read what they said about his stressors in it..

"I am now asking that you consider the evidence that clearly shows the PTSD diagnosis."

I only briefly went over the attachments above but did not see the PTSD diagnosis there.

Can you attach that document as well?

Please understand that I know how deeply you care for your husband. Every vet needs a spouse like you.

And the VA knows many vets cannot adequately type this stuff up themselves.

But the NOD must come as it would be coming directly from him, with your help.

I am only fiocusing here on the PTSD issue.

Something seems amiss......

Did he have the CAR or CIB on his DD 214?

Did the VA ask him for proof of the stressors?

The regulations state:

"the claimed in-service stressor may be established by the veteran's lay testimony alone."

yes, if the stressor is consistent with the service person's MOS and other conditions of the stressor,such as time and place, etc.

My husband was Combat Vietnam (USMC) and had multiple stressors..Also his MOS was truck driver, transporting fuel, ammo, personnel alive or dead, etc etc One stressor was similar to this one:

. "He dealt with several stressors including a vehicle in front of him running over a live bomb and 17 of 19 were killed,"

Proof of that would be in your husband's unit morning reports and perhaps the obits of the deceased might still be on line.

His unit would have a web site.

Something to me is wrong here....and I cannot figure out what it is.

Maybe others would suggest that he request a new C & P exam, based on things in the actual exam results that were not stated correctly by the examiner.

Do you have copies of all of the psychiatric test results?

[jereljenkins]

Thank you for your reply. The therapist who wrote the letter above told us that she diagnosed him with PTSD. After his 4th meeting with her is when she diagnosed him. I was under the impression that that's what that letter was. She told us that she sent his diagnosis to the VA and that she was mailing him something. That letter above is what she mailed to us. Im assuming that is what she sent to them as well. In all the VA notes, it list and talks about his diagnosis from the vet center. But they have mentioned nothing about his stressors. Im about to upload the pages now. All it says is they see he served in Operation Iraqi Freedom, a place where a fear of hostile takeover is likely. But it never specifically list his stressors or ask about it. I will upload one at a time so it wont get mixed up. I will also do the treatment notes.

Thank you for your help. I really understand what you mean. Since he dictated it, I will remove everything that mentions me and type it as he stated, as if he was actually typing it. and he will sign.

[Tbird]

I had to hide your post with your images, please make a copy of your documents first and then on the copy black out anything that personally identifies you such as your name, ssn etc. then upload those redacted copies.

[jereljenkins]

okay. thanks. I am new to this forum and only covered our address. Im sorry