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

[DejDan]

Matthew,

Thanks for your input. I certainly hope this is not some trend that VA is coming up with to deny or discourage claims. I'll let you guys know the outcome. Maybe my experience can help someone else.

[TALON II FE]

I had record problems related to IBS and chemical exposure (breathing atomized hydraulic fluid on a damaged aircraft is bad, btw) simply "disappear" out of my records multiple times. With the exposure incident, there are regulations stating that you will be grounded for 60 days while a myriad of tests as well as very specific blood tests which cannot be performed "just anywhere". They ignored those regulations and I was unaware of them, at the time. I believe that may be why they kept disappearing. As an aviator, we always hand carried all our medical & dental records from each assignment. 3 times I "returned" a copy of the incident and 3 more times they simply disappeared. No explanation, nothing. There were many other situations, such as getting covered head to toe multiple times with JP-8 while trying to refuel from broken fuel trucks in Al Assad or Al Sahra. My pilot made me go see the Docs when I landed after hosing down back in Balad. No record. Essentially , no record of any of my sinus issues there, my weeks at a time of projectile vomiting when we used to fly out of Ali Al Salem, etc, etc. I believe there are probably holes in a lot of peoples' records. Not as bad as Viet Nam for record keeping, but still many holes. I finally started making copies of my records to mitigate this, but I was up to 1600+ pages without the files from medevacs to Trippler and Balboa. It became too expensive, but I got a disk of my primary SMRs when I retired. My wife wonders why I insist on keeping my old 781 forms tracking individual flights with after action reports and debrief narratives; it is because of things like what you are going through. It tracks SAFIRE, SA-7/14, AAA and RPG events. Without that, I would be without proof any of it actually happened, except the Air Medals.. The AF went to a combat ribbon, but most of us (read, probably not the fighter weenies) did not feel like it was warranted for us since we had no offensive weapons (well, we did drop the BLU-82s, lol) and we were not in direct combat, merely clay pigeons. Many of us saw that it took away from the guys running in convoys and our STS guys and combat controllers who were in the muck.

[Berta]

DejDan

I am glad the notable vet's attorney Matthew Hill has come on board with us here again!

However I take issue with some of the posts here, to include his.....

And this might be due to that fact that this veteran has not scanned and attached anything from the VA regarding his 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."
Good, that is one hill you have climbed over.


"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."

Was this the time frame that your stressor occurred in?

Was the stressor related to an injury you claimed"

Have you attempted to get a copy of your STRs yourself?

And also your 201 Personnel file , via a SF 180, at the National Archives web site?

Have you directly contacted your reserve unit for this record?

Have you attempted (if this regards your stressor) to get some buddy statements from anyone in your unit who can give an eye witness account of the stressor?

I do not doubt at all you experienced a stressor. The 2010 PTSD regs however are quite clear as to what you need to prove....has the VA asked you for more details on the stressors?

You can also contact JSRRC yourself but they need details as to date and place, etc.

I am assuming that VA is asking for those STRs to prove a stressor occurred.or which could be conceded based on the 2010 PTSD regulations.

If you do fill out a SF 180 at www.archives .gov make sure you also ask for copies of your combat pay receipts.

You did mention a stressor above that VA might say was a normal condition of warfare and therefore not a stressor.
But that might also help them concede you were in close proximity to hostile fire.

If the death resulted from incoming ,there should be a morning report.

I assume there is more to the stressor than that.

But maybe VA isn't even going to question the stressor.....

Why do they need that STR? Is it the only evidence that puts you into the 2010 PTSD regulations?

Can you scan and attach their actual letter? (cover C file number, name, address prior to scanning it)

you stated:
"My only concern is that the VA will say that there is no evidence of reporting or treatment which will have them deny my claim."

Treatment for what? did you claim a physical injury as well as PTSD?

It would be highly unlikely ( but not impossible) that you got PTSD treatment in service anyhow......from what I see in your posts.....

Maybe if we can read the actual words of the VA, in that letter, via a scan , we can help more.

[DejDan]

Berta,

I do have one other claim in. It's for tinnitus, however I didn't start experiencing any hearing loss/ ringing until 2010 which is noted on my C and P exam. The VA have recieved all my medical records except the one in the 2004- 2005 time frame(Iraq deployment). I do believe I have meet the stressor requirements ( body bagging civilian killed, motar and rocket fire and a few sniper rounds while out on patrol) inwhich the VA has not asked me to fortify or stregthen my stressor.

These medical records that they want does not exist ( i did not recieve any kind of treatment during Oct 2004- Oct 2005). The only thing that I could send them was a Post deployment health assessment that was recorded in Nov of 2005( which they could have had already).

So assuming this is not for my PTSD, they may just want to go back and get evidence of hearing loss.......Who knows at this point.

As far as the letter it just basically said that they have my medical treatment records but can not locate Oct 2004- Oct 2005 after exhausting all avenues and the claim would be decided with the evidence that they have. They would like a response back in 10 days if I had such records. This is when I sent them the PDHA( close to those dates but worth a shot.) As far as my pay, I recieved imminent danger pay( combat pay).

I know you asked a lot for responses but I think this may suffice.

[DejDan]

Update:

Just recieved notice in ebenefits with a rating of 70 percent for PTSD. I would like to thank everyone that gave me advice and commented on my quest. Still don't know what that whole service treatment record request was all about during my time down range. My treatment are going well and I'm glad to have made a decision to start back up after 8 years. Thanks again.

[Berta]

Thank YOU! This is great news!

Did they mention the tinnitus claim in the decision?

If uyou are unemployed and VA knew that, did they mention TDIU and/or attach a 21-8940 TDIU form?