ptsd Fdc Filed In April. Will Filing Docs To Support Ptsd Kick It Out?

[Marineswife]

Hello,

What an awesome site you have here! I have been trying to get my husband to file for benefits for years and finally talked him into seeing a psychiatrist and then filing an FDC in April. I am just beginning to learn the ropes of this whole deal and now I am concerned that we might not have included "enough" documentation on his FDC (filed with our county VA rep, not a VSO- which I personally think was a mistake now...).

My husband has been seeing the VA for about 8 years for his medical problems but the rep advised us to go ahead and file on his PTSD and hearing loss/Tinnitus since I had all of that documentation (including a Nexus letter from his Psychiatrist) readily available to me. It takes quite a bit to get my husband anywhere near any kind of "official place of business" due to his general distrust of all things "official" but, since I finally got him there, I thought we might as well make hay while the sun shines, and file.

We included the Application, all of our birth certs, marriage licenses, his DD214, the Nexus letter but, we did not include any 21-0781 form(s) as the rep stated that because he had received combat pay in Vietnam and a Cross of Gallantry and the Psychiatrist had stated a direct correlation between some "stressors" and his PTSD, that we didn't need to send any letters of support or additional documentation. All of his health records are from the VA so, those were not included either.

Now I am wondering if we did the right thing? He has many other things going on but, we felt like this would at least get the ball rolling for him. My question is - If I send additional documentation that is directly related to the two conditions he filed, will that kick him out of the FDC process?

[Marineswife]

Cross of Gallantry unless something change doesn't waive the 0781. He will get an exam for the PTSD Initial, but for whatever reason if he walks out of the exam w/o a dx of PTSD that 0781 can help him still get SC and if you didn't submit and VBA sends you a letter for the 0781 and you return it then you're out of FDC. FDC will not speed up the process. The only benefit for FDC is if you get SC on your original claim you will receive an additional 12 months of retro pay.

How many contentions does he have so far just PTSD?

We only started with two contentions, the PTSD and the hearing loss/tinnitus. He has not been scheduled for anything yet (no C&Ps). This is his first (original)claim. I just wanted to know whether to go ahead and send the 0781 or not while we are waiting. According to what everyone is saying, I think we will just wait it out.

Thank you ,

marineswife

[Marineswife]

Why take the chance with the FDC, you'll know soon enough if the rating Dept kicks your claim to a Reg XXX Claim. If they decide that more or a certain type of Medical Evidence is necessary, you'll be advised in due course.

From your post, the PTSD is the main SC Claim. At this point, nothing more you can provide, his PTSD C&P will be the determining factor in his eventual SC award. Under the New (couple Years Now) VA PTSD regs, the DBQ completed during his upcoming C&P will rule the day and Trump all others. VA C&P PTSD Psychiatrists and Psychologists Phd, are specially trained to do a forensic type exam to eliminate any possibility of a Vet exaggerating their symptoms for gain. If his SMRs back up his stress-ors, the rest is on how he handles himself at the C&P.

The Tinnitus claim, no real test for it. DD214, MOS and SMR's either back up his exposure to a known cause or not. His statements regarding noise exposure pre & post discharge and continuity of symptoms will rule the day on the 10% SC.

Semper Fi

Gastone

Hi Gastone,

Thank you for your reply. The Nexus letter from the Psychiatrist that my husband sees, also happens to be the head of Psychiatry at Loma Linda VA where he goes. According to this Dr. "they" (the VA) may or may not require a C&P because of that? I hope not. As you can imagine, my husband isn't too good with recounting the "Vietnam Experience" with anyone, least of all medical personnel. We have been married 30+ years and he has only told me about some of his "experiences" in the last 3-4 years even thought I have seen the "fallout" first hand for many many years.

I really appreciate all of the responses from everyone. I am just getting back to myself after open heart surgery 2 years ago and now, I want to begin the battle of the VA paperwork mountain in order to get my husband (Ed) on the right track with his benefits. Friends of ours have been trying to get hi to apply for years but, he would always say "scr*w that!" . He has a LOT more problems than just PTSD that we need to file contentions for but, I have felt accomplished in just getting him to begin! He took care of me after my surgery. Now is my time to begin to "take care" of him and get him the SC that he should've received years ago! I think I need to get busy on the "grunt work" part of this paper trail and research.

Once again, thank you (and everyone) so much! I would truly be lost without this site!

marineswife

[Gastone]

I think the VA requires a PTSD C & P for all new PTSD claims. You mentioned your husbands Pscychitrist filling out a Nexus letter, did you request or did he offer to complete a PTSD DBQ?

Per current VA DBQ Regulations, all PTSD and other Mental Health DBQs are to be completed by a Pscychiatrist or Pscycologist that is not activly invoved in the treatment of the Vet. The VA doesn't want any personal feelings coming into play. Very understandable really, Vets have a tendancy to get pissed off to the max when they perceive a slight.

All Vets, that served in Nam or in the territorial waters received Combat Pay, which in and of itself doesn't support PTSD. A few things that will be looked at are: HIS MOS and stated stressors. Did he receive a Combat Action Ribon, Purple Heart or any Stars to Include Bronze with V (Valor)?

As I recall, my MSR had every Combat Operation that I was in. May have been listed on my DD214 from 1969. Have you already submiited his MSRs?

He'd be well served to pull up a copy of the PTSD DBQ and review what will be covered at his C & P. At the end of the C & P, ask the DR his opinion regarding the severity. Will give you a good indication about the eventual SC% when you compare his responses to the 38 CFR 4 For PTSD.

Semper Fi

Gastone

[Marineswife]

I think the VA requires a PTSD C & P for all new PTSD claims. You mentioned your husbands Pscychitrist filling out a Nexus letter, did you request or did he offer to complete a PTSD DBQ?

Per current VA DBQ Regulations, all PTSD and other Mental Health DBQs are to be completed by a Pscychiatrist or Pscycologist that is not activly invoved in the treatment of the Vet. The VA doesn't want any personal feelings coming into play. Very understandable really, Vets have a tendancy to get pissed off to the max when they perceive a slight.

All Vets, that served in Nam or in the territorial waters received Combat Pay, which in and of itself doesn't support PTSD. A few things that will be looked at are: HIS MOS and stated stressors. Did he receive a Combat Action Ribon, Purple Heart or any Stars to Include Bronze with V (Valor)?

As I recall, my MSR had every Combat Operation that I was in. May have been listed on my DD214 from 1969. Have you already submiited his MSRs?

He'd be well served to pull up a copy of the PTSD DBQ and review what will be covered at his C & P. At the end of the C & P, ask the DR his opinion regarding the severity. Will give you a good indication about the eventual SC% when you compare his responses to the 38 CFR 4 For PTSD.

Semper Fi

Gastone

That is very helpful Gastone!

Ed didn't receive any medals that fit the requirement. Part of his "issues" regarding Vietnam were with a (2) helicopter crash on the Air base in DaNang where he was an MP and first Responder. I won't go into the details (I am working on researching the exact date in 1970) but, as soon as I am able to verify the event (Both Pilots and Co-pilots were killed) I will definitely send it on with his other info. Most of his PTSD issues do not have to do with directly firing upon someone but he does have issues regarding the mortars and "incoming" flashbacks when helicopters or aircraft fly overhead to this day.

His Dr. specifically stated that he could not fill out a DBQ for the reasons that you stated and also as he stated, "Ed would be giving up all Dr. patient confidentiality" which we definitely don't want to do. That is why he chose the Nexus letter. I assumed he knew what he was doing. I am learning that ass-uming is never a good idea when it comes to the VA

His MSRs just arrived today (requested 3 months ago) so, I am going through them and putting the pieces together of "what happened, when". Not an easy chore...

From everything I am reading and hearing from ya'll, he will probably be taken out of the FDC track anyway (for not enough documetation) so, I am going to work on preparing all of his other contentions so that when they (finally) notify us that they need more information, I will just go ahead and submit everything at that time. Although I vacillate between letting them make a decision on these two contentions first (to get his foot in the door) and just turning all of his medical issues and supporting documentation in when they ask for info on the first two... Not sure about that one. What do you think?

[USN_HM_VSR]

Another thing you can do is wait for his PTSD initial to be completed and get a copy of it in the records the dept a few days later. If he has a diagnosis of PTSD, its related to fear in hostile military environment, and they can place him in Vietnam based on his personnel records then no 0781 needed. Wait until you get your decision then submit your new contentions.

If he doesn't have a dx of PTSD based on the exam then submit the 0781 w/your remaining contentions b/c you will be removed from FDC anyways. FDC stuff aside the retro is great but most importantly is to get service connected.

[Marineswife]

Another thing you can do is wait for his PTSD initial to be completed and get a copy of it in the records the dept a few days later. If he has a diagnosis of PTSD, its related to fear in hostile military environment, and they can place him in Vietnam based on his personnel records then no 0781 needed. Wait until you get your decision then submit your new contentions.

If he doesn't have a dx of PTSD based on the exam then submit the 0781 w/your remaining contentions b/c you will be removed from FDC anyways. FDC stuff aside the retro is great but most importantly is to get service connected.

Thank you and I have Good News! While doing some research today I found a legal site which stated that due to an ammendment to the VA rules in 2010, we can either prove he was in a combat environment (as you stated- which we can do because of where he was and when) and/or Have a VA Dr. give a diagnosis of PTSD and then a "stressor" proof is not needed!! So we can and have already got both of those things covered! Now, if I can just find what "Amendment" they are talking about and print it off to "remind" VA about their rules, we are good! I am breathing a little easier tonight!

Thanks so much everyone!

marineswife