ptsd No Service Treament Records While In Combat Zone

[DejDan]

In Nov 2014 I filed claim for PTSD resulting from my tour in Iraq in 2005. I submitted all of my STR's through the VFW when I filed my claim. I've had my C and P exam in April 2014 and it resulted in a diagnosis on Ptsd with a "more likely than not" cause by my military service in Iraq.

Currently I'm receiving treatment from the VA for PTSD after starting and stopping treatment back in 2006 after my tour in Iraq.

Today the VA sent me a letter asking for STR's for the exact time frame that I was in Iraq in which they stated that they have exhausted all means to secure. Now...... I was in area that did not have running water for more than 8 months straight let alone a facility where you could get medical care.

The short of it is I do not have medical records for this time frame. I was an activated reservist so therefore I received a PHA right after my deployment and answered some questions positively concerning seeing killed (civilian) and fearing for my life.( which I don't think they have and I'm prepared to send them) if the PHA is considered a type of medical record.

My Questions are:

1.How detrimental is this to my claim that these records does not exist?

2.Is it a standard form that I have to proclaim that these records does not exist or do I just call the VA or notify the VFW ( my representative) to let the know? In which I may add haven't been very active since I filed with them.

Any suggestions or advice will greatly appreciated. Thanks

[Buck52]

Well maybe you should get an IMO with a certified board spelizeing in your disability and ask the Dr to say your disability is'' likely as not'' happen/caused while in the military while serving in Iraq(be honest with the private Dr and let him know what the VA wants that you don't have, try to find a Private Dr That helps veterans and is veteran friendly.

Private Dr' are expensive but it may be worth every penny, If the VA believes you served in Iraq with the DD214(they should)...but still needs STR'S To prove this disability happen and you were treated for it.

but actually was not treated for it because of the surrounding circumstances.

You could use Reasonable Doubt & with Explanation account along with the IMO& Buddy statements from the unit you served with during this time of question even though you or the VA can't produce your STR'S (write a letter of explanation for that)

You need to stop worrying about this and wait and see what there decision will be? they will give you a reason they denied you...if they do?

Its hard to say sometimes what they will do? depends on who your rater is and if he/she is having a good day.

Did you get a denial? or Your claim is in Appeal & your VSO sent you a letter saying they need your STR'S?

........Buck

Edited May 31, 2015 by Buck52

[Fat]

Dejdan, I feel your pain; however the VA has to have a way verify your claim.

This is a inconsistency within the system (catch 22) but I still think you can succeed.

Can you find unit members to back your stressor? Or can you find documentation that states the area was a "combat zone".

I know there has to be non classified documents that list certain areas of Iraq as combat or non combat zones.

I believe these measures would prove the stressor requirement for PTSD.

just my $0.02 cents.

[Gastone]

What they said! As long as you have proof of service in a combat zone, a fear of possible harm is now sufficient to establish a PTSD claim. You were in the Army so a combat MOS and a CIB could back up your degree of disability. Some Vet's are determined to be 0 to 30% SC, the Rater relies on the VA PTSD DBQ for that determination.

You would be well served to obtain a copy of your C & P DBQ and compare it to the 38 CFR 4 for PTSD Ratings. You may or may not be able to get close to what the Raters SC % will be. If it's less than 70%, be prepared to NOD the decision right away.

At this point, try to set back and relax, the rater should already have everything needed to make their determination. Nothing about the VA could ever be accused of being fast. I would recommend that you set up your Bank/CU direct deposit account to Text/Email you on a real time basis regarding ALL transactions. You'll get your Retro deposit well in advance of the VA Award/Denial letter. My Retro Deposits have been up to 2 weeks before the Big Brown Envelope arrived. Always nice to know the same day it hits the bank.

Semper Fi

Gastone

[DejDan]

Thank all of you for your knowledge and advice. Gaston, I'll take your advice and not worry. I'm doing so well now with my ability to be patient and not becoming stressed easily. Thank you all

[Buck52]

You will be ok DejDan,

Relax...in the mean time you need to keep going to VA mental health.

If you get denied get on here (hadit) there's a lot of good people that can help. ...& (remember when you do win your claim it should give you more retro pay) and that's ALWAYS a good thing!

if your denied for no STR's as required evidence..You will need to Appeal that decision with a Notice of Disagreement (NOD)

I See No reason you can't win this claim Bud!

.................Buck

Edited June 1, 2015 by Buck52

[Matthew Hill]

DejDan,

I agree with Gaston in that VA has all the info it needs to grant your case. As far as you being in a combat zone, VA greatly expanded the definition of combat zone in 2011 and now just by showing that you were in Iraq is all you need. This coupled with your current diagnosis of PTSD and the C&P doc linking the two together is all the evidence VA needs to grant your case. The request for your STRs was probably VA pushing the wrong button on sending you the wrong form letter. Your case is complete as is. This is the VA's regulation on this issue 3.304(f)(3). Should VA mess up your case and not grant benefits then you need to appeal

Good luck.