ptsd Gathering Of Evidence Development Letter

[shannan]

Hi everyone,

I am new to this forum. I've been looking through some of your forum for the past couple of months, but this is my first post (so i hope I'm posting in the correct thread).

I submitted my FDC in January of this year. I just recently received news that I am in the Gathering of Evidence phase. Please do not judge me for what i about to say. I know many of you served honorably and i only wish that that could have been my case (it haunts me every moment of everyday). I was raped in my Advanced Training Unit and did attempt to exorcise every effort to obtain a discharge to get away from my attacker. My chain of command kept "losing" my discharge paperwork and I was forced to remain around my attacker. I am not pleased to admit it, but after a failed suicide attempt, I decided in my naive 18 year old mind that my last resort was to go AWOL. I turned myself in and was given an OTH.

So to my point, I recieved a letter stating that they do not ordinarily grant disability benefits unless it is found that i did serve honorably, although i have severe PTSD, Major Depression, and Dythsmia due to MST (all diagnosed by the VA). The letter is also asking me for all evidence i may have and my statement. They also claim they have no knowledge of me having a representative. They are going to put my claim on hold for 60 days to wait for me to send the evidence.

My Amvets representative submitted all of my statements and evidence when he filed my ebenefits claim in January. He also made it clear on official letterhead that he was representing me on this claim. Also, when he submitted the claim, he certified that this is ALL the evidence that I had to submit. Have any of you ever recieved a similar letter? If so, how did you adress it? I dont want to re-send the evidence for fear they will knock me into a regular claim. Any help is greatly appreciated. Thank you.

[Andyman73]

Shannon,

Welcome to the Hadit.com family. I am so sorry to hear what happened to you. I have a male friend who was drugged and raped during his MOS school. He was so badly injured that he spent a few months in the hospital and required a few surgeries to rebuild the damaged area. Fortunately for him, the perp left "DNA" that was used to id him, and convict as well.

I guess you have learned, since you said you've been reading the posts for a while, that the VA catagorically(sp?) dinies 85% of all claims. Most of us have received those letters and/or variations of same, over the years. You will probably even get a letter or two saying "we are working hard on your claim, but we are very busy, and can't really say how long this may take". Which is their way of saying "your call is very important to us, please continue to hold".

Don't be discouraged, remember this, You have more courage speaking out, than the one who will not be named. If you haven't already, perhaps you may want to speak to legal representative.

Semper Fi.

Andy

[Berta]

The OTH is not necessarily a bar to benefits.We have info here on that.

"I dont want to re-send the evidence for fear they will knock me into a regular claim. Any help is greatly appreciated. Thank you. "

If they dont use the evidence, they will deny you right off the bat or put you into a regular claim anyhow..

With an OTH that might have to be the case, as well, because they might have to make a 'character of service' determination.

Did AMVETS explain that to you?

You can use IRIS and tell them of the evidence they already have and who submitted it for you.

IRIS is at www.va.gov....go to the Contact Us Section and then to the Ask a Question Section.and ask them for email ( they can make stuff up by phone) verification of what evidence they have received.

Was this a 5103 Waiver that you signed for AMVETS ?

I didnt get one for over 2 1/2 years.But that timeline is unusual.

The 5103......I strongly suggest when a vet signs this form and tells VA they have no further evidence to send in, that they list the evidence on the form, the date they sent it in and give a brief description of it and also the USPS tracking numbers and date.

And make copy of the form, sign it and then send that in to the intake center with proof of mailing as well.

[Berta]

This is some of the OTH info here and more is available under a OTH search here at hadit:









http://c-hit.org/2012/07/12/conn-_vet_wins_rare_va_appeal_advocates_hope_it_stirs_more/

http://www.swords-to-plowshares.org/2012/09/27/va-character-of-service-determination-an-alternative-to-discharge-review/

http://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=2164

Have you applied to the Discharge Review Board (DRB) or to the Board of Correction of Military Records (BCMR)?

Perhaps based on your evidence, your POA felt an administrative decision from the VA,under the claims process, would be best.

[Navy4life]

Welcome to Hadit!

My first question, are you getting treatment for your PTSD/MST? You indicated the VA diagnosed you with PTSD/MST which is good BUT did they Service Connect it to your active duty? That is crucial!

I too was raped while on AD and became pregnant. Never reported it and I lost the child in my first trimester. I never discussed it with anyone and shut it out of my life for many years. Over lapping this with my eating disorder with this was very hard.

The VA has allowed a lot of people to come forward that hid their rapes but for you to get s/c it would be good to have a "clear marker" -this is something indicating the rape could have happened. For me, my clear marker was the pregnancy and it was documented.

Rape is common and I know it is a struggle to live with every day.....I am in therapy as we speak and I had not had any therapy for over two decades.

You filed an FDC but it might have to go the traditional route in order for you to get this accomplished.

Did you file out the VA 21-0781a?

http://www.vba.va.gov/pubs/forms/VBA-21-0781a-ARE.pdf- STATEMENT IN SUPPORT OF CLAIM FOR SERVICE CONNECTION FOR POST-TRAUMATIC STRESS DISORDER (PTSD) SECONDARY TO PERSONAL ASSAULT

You should fill this out and provide as much evidence you can

Take Care

Steph

Edited May 9, 2015 by Navy4life

[shannan]

Yes, I had clear markers. My VA therapists note clearly that it is PTSD due to MST in Advanced Training. My markers that i sent as evidence were a pregnancy test performed on base, a suicide attempt, uncharacterized behavior (before this i was a model soldier), attempt to obtain a general discharge for depression from a on base doctor, etc...I also filled out my statement forms as well as I sent in buddy statements as well. I did go through a treatment program at the VA but it is also a well documented fact that it triggers me to be around other soldiers so i dont often go to the VA anymore

[shannan]

Berta, yes i have gone to the review board several years ago. I was denied. I didnt know about markers and such at the time and i had not gone to therapy at the VA at that point. Also my medical file was mysteriously missing so no markers could be proved anyway. I wrote to Obama about that and did recieve a reply that they would look into the matter. I try to keep in mind that im not only fighting for myself but all my battle buddies in similar situations. That helps me continue on.