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.

[shannan]

Thank you for clearing that up Mont36. Yes my representative sent a request along with my claim for a character of discharge determination. Is it necessary to fill out a 21-4138 statement of support of claim when i already filled out a 21-0781a Statement of Support in PTSD claim? Could i just call and ask them to use my 21-0781a because thats the same exact statement im going to give them anyway?

[Navy4life]

Shannon;

The forms you are referring to are TWO entirely different forms. I would suggest in addition to your VA 21-0781a that you provide a VA 21-4138 to support your claim and reasoning for the character of discharge. It can't hurt.

Also remember the more you provide the better off you are. Calling them usually doesn't always hold proof that you did call. But providing it in writing is trackable.

Also regarding your dissatisfaction for VA treatment and med's I can tell you that you can go to an outside doctor and not just one at the VA. Once I was s/c for PTSD/MST and my eating disorder I was recommended to go to an outsource therapist. I told my MH team doctor that I wanted individual therapy not group and that I needed a therapist that would understand my issues. I go through Tri-West for my sessions and it is working well.

Also regarding the medication, I don't like being medicated but I am needing med's for my anxiety.

[shannan]

Navy4life, i thought about that after i posted the reply (being two different forms). The statement remains the same though. I wrote somewhere around a ten page statement detailing my entire service, the mst incident, what led up to my awol and what life has been like since. It is ALL covered. I was trying to check my records of forms i filled out for my representative. Im going to get ahold of him tomarrow to see if i did in fact fill out the 21-4138 also or just the 21-0781a. I know that at first i couldnt do electronic signatures on my phone, so i was faxing forms back and forth to my rep. I dont have records of which forms those were. I do see an email between us where he asked me to fill the 21-0781a out and that i could just attach the statement that i already gave him for another form (21-4138?? Possibly).

Did VA pay for that outside therapy? If so, How do you go about requesting that?

[Navy4life]

Shannon;

Yes the VA is paying for my therapy. I go through Tri-West which is a contracted company on the outside that has me going to my therapist. You will first need to be S/C for PTSD/MST and then you should discuss this with your MH team. You mentioned you stopped seeing your VA therapist right? I would recommend you go back and talk to your MH team Chief Doctor. Maybe sit down and explain your issues with them. Again, once you are S/C maybe you can go to the outside....I sure hope so b/c you need the therapy :) We all do for what we went through!

I think that is a good idea on talking to your rep about the p/w....

Don't give up!

[shannan]

I realize it may seem petty not wanting to fill out this form either again or for the first time (not sure, i'll find out tomarrow). Its just that it took me eleven years to get to this step. As far as i was previously concerned, the government could take their money and shove it straight back up their you know where because it would never change the hell i live in everyday. But when a Marine convinced me that i had to do this out of principle not only for myself, but for all veterans past, present and future who might not be able to speak for themselves...well, that touched me to the core. I worked VERY hard on obtaining all of the evidence. I had to ask friends and family and battle buddies for their statements which is down right embarrassing and degrading. I allowed myself to feel all the demons that ordinarily i keep locked deep down inside. I sat for days writting my statement, allowing myself to flashback sometimes for several hours at a time on what seemed like every other sentence i wrote. I left no stone unturned when it came to every last detail and every last emotion. Working on my claim was mental and emotional hell. I will be darned if some form that may or may not be in their posession negates the fact that the statement and evidence is there. Its not right. Its not ok for them to make us jump through their paperwork loophole hell.

[shannan]

Thank you Navy4life. I will check into that. I dont much care for my VA therapists. I have seen better outside therapists at a rate of $150 per 50 minute session. Cant quite afford that at the moment. But maybe the VA can