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Gathering Of Evidence Development Letter

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shannan

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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.

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Andyman73 you can file for PTSD (non combat) like us....Just b/c you were not in a "war" environment doesn't necessarily mean you DID NOT suffer from PTSD for your non-combat issues.

As far as filing your PTSD claim, I would recommend you go into the walk-in MH clinic and start the process. That is how I started mine....Your stressor's will be the key link to granting you PTSD. You should try to gather evidence from any/all documents you have to support your PTSD claim.

For me the PTSD/MST was difficult to go through rehashing and what not but I had to do it...I have to admit it sent me in a down spiral at first b/c I had never discussed my rape nor the loss of my child to anyone and to me I thought there was no way I could be s/c but in the end there was a way! It took me going through a lot of p/w filling out, remembering certain details of the events, looking through SMR's for evidence. I found what I need as "clear markers" and I had my C/P exam and that in itself was grueling...

I won't lie the C/P exam for MH is grueling especially having to discuss my sensitive situation to a medical examiner but I got lucky and had a compassionate examiner who took the time to really go through my exam with me step by step b/c not only did I have my PTSD/MST C/P I had my Eating Disorder C/P as well so it was tough for me to go through it.

When you go to the MH Walk-In they will assess you for PTSD and see if you meet the DSM-V criteria as well as do a PTSD test. I tested positive for PTSD - 4Q was mine...I believe 1/2 is a negative for PTSD and 3+ is positive for PTSD. The first step is at least getting the VA to determine you have PTSD and then getting it S/C to active duty.

I am also sorry for your loss of your unborn child. Men suffer too but I think sometimes they tend to "hide" their emotions when a situation like that arises...I am also sorry for you that your wife did not think your feelings were valid.

Being raped and then getting pregnant is not something I am proud of but at least today I am learning not to be ashamed of it....

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Sorry Andyman, I'll post an answer later tonight or tomarrow morning. I just got the craziest phone call. I have to go pick up a couple of babies from a meth addict who cant have custody of them anymore. This was highly unexpected

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Ok, Andyman, first call your local VA. If this is MST related, ask for the MST coordinator. Schedule an appointment to start therapy with them. It is important to know that you have every right to see a therapist of your choice of gender. You may feel more comfortable talking to either a man or a woman about this. Me personally, when i started therapy, only wanted to speak to a woman. After some time though, I didnt care who I talked too. Ive actually found that often times, men can be more compasionate toward my situation. Its entirely up to you. Anyways, then the next step is to continue therapy until they diagnose you with the PTSD due to MST. I got lucky and was diagnosed almost immediately. I have heard though, that sometimes they make it difficult to get a diagnosis, at which point you will need to ask for one. Once you have a diagnosis and paper trail of therapy, you can apply for your claim. Vetwow is a great website with alot of resources. They also have people who can assist at any and all points of the process. Also, of course, I will give you any advice I can along any step of the way. Im glad you are doing this. It goes a long way toward your healing process :)

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Shannan

This is the 4th time that I have filed for PTSD/MDD for MST. I have the C&P on the 27th of this month.

My last claim was in 2010. When I received the denial I threw away the letter and soc and basically said "F*** IT".

When the reg was changed in 2013, I had no idea, even though the RO's were supposed to contact veterans that had previouly been denied.

Basically for 4 years I lived in a self made cacoon, not socializing and letting myself "go". I had been called a "liar" by the VA so many times I was starting to wonder if I had hallucinated the entire thing.

I have all of the markers, reuest for transfer, SEER's going in the toilet, divorce, loss of custody, recruiter malpractice...everything but a written report of the incident.

Keep your fingers crossed.

Shannan, you and Andymann don't ever give up.

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Seattleshay, good luck on your exam and i hope you win. As far as I understand, these new policies are really good for cases like ours. I hope you win and soon. I attempted a discharge upgrade many years ago. I did it by myself online without research. One of the things I thought would be a brilliant idea was writing a heart felt letter explaining my side of the story and the facts. In my denial letter, one thing they mentioned as part of their reason for the denial was that they dont grant upgrades solely for the purpose of me gaining better civilian employment. They got that tid bit from the middle of my letter where I said that, "At this time I would not prefer to return to the military given what had happened, but i still would like to serve my country by becoming a police officer." One tiny statement that really didnt have anything to do with anything and I was denied. I didnt even read the rest of the letter. I screamed, cried, tore it to shreds and lit it on fire. I know how you feel. This is a rough process. But never give up as you said. I may not win, but I will die knowing that I gave them hell on my behalf and the behalf of other veterans. Money talks. If they have to spend tons of money on paying out claims and man power to process them, they are going to change their tune real quick. They already are. They are putting better policies in places for MST prevention. And they are providing better information to soldiers on what to do if they experience a MST situation. Maybe one of these days, because we all had the courage to carry on with our claims, just maybe we will save an innocent battle buddy from experiencing what we have.

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Well, was speaking to my rep at DAV, and mentioned about the PTSD, he said I need to get my doctor to do an eval and send me to a mental health dr. Then they will do a full work up on me, and work towards an official MH diagnosis. Said since I don't have a clear nexus event, this is how to do it. I am unable to source any records of my nearly successful suicide attempt, while at work during my active duty time. They sent me to the base chaplain, and that was it, one initial visit, no follow up, no psych eval, no nothing. I do have several sick call visits, with IBS and drs noted I said I was under tremendous stress at that time. Perhaps my alcohol related incident and 3 weeks of outpatient treatment records could help with that? Anyways....still just a rat in a cage.

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