ptsd Discharge physical? and VA rep 1984??? Huh???

[ADodge]

OK SO this is really not so funny!  I recently went for a C&P exam on a PTSD MST claim that as usual was rejected.  And as usual I will have to file a NOD. Does anyone know the statistics for PTSD MST claims that are approved the first time around?  I bet they are less than 2% of those claims filed especially for the Navy!  Sorry if my negative attitude is showing but I am so pissed and just .......  I don't have words to describe how I feel.    Anyway that isn't what this topic is about.  The title of the topic is Discharge Physical.  Now I am fairly sure every active duty member being discharged from active duty is suppose to have a discharge physical, right?   And it's funny I don't remember mine.  And I am wondering if that is because just before I was discharged I got married to an active duty member at the same command I was stationed at?  So this is how I remember my discharge the medical side of it anyway.  I was a hospital corpsman.  I married a hospital corpsman.  We were both stationed at the same command.  I was discharged but continued to receive my medical care at the Naval hospital I had been stationed at.  See I had my son a month before my discharge.  I had 30 days maternity leave, reported back for my last day of active duty and discharge from active duty.  I remember I had to come back and get papers signed by my command and then go over to the NAVPERS building on the other side of the base.  Sign papers there and get my last pay check and that was it.  I was no longer active duty status but was inactive reserve for 2 years.  End of story.  I did end up being employed shortly after discharge, but that had nothing to do with my discharge.  My husband was stationed at the same hospital and eventually was transferred to Iceland.  My son and I ended up going there too but I remember I had to get special permission due to the fact that I had issues with my lungs.   Eventually I was cleared and allowed to follow him up there.  But I do not remember ever having that discharge physical, which is funny because I do remember going to Dental for that discharge exam!!    Now I will assume when I get a copy of my Military service medical record that exam is going to be in there, right??    

SO what does the discharge exam show? Does anyone know?

Also when I got this denial letter back for this latest claim it states that I appointed the DAV as my representative.   SO I called eBenefits and asked why  the VA states this?  That I don't remember ever designating the DAV to be my representative at any point in time.  Christ, I can never get in touch with anyone associated with that organization and believe me I have tried!!!   And I was floored when the person from eBenefits said that back in December of 1984 I signed some form 2122 which designated the DAV as my representative?  Now why would I have done that and under what circumstances would I be signing such a form?  Would that be some kind of standard form they would want signed at discharge that they might have forgot to have me sign at that time.  Because I was discharge in March of 1984.    

I have sent a letter to my local VA asking for a copy of my military medical service record which they have been using to make decision on my cases.  And any other information they might have that pertains to me that I personally do not have in my possession.

I also recently got an email from this legal group that my uncle told me about. Hill & Ponton  Anyway in their email to me it states this " By now, VA should be actively working your case. If you have not received it already, you should be getting a letter from the VA called the Veterans Claims Assistance Act, or the “VCAA” letter. This letter is important to you because it will tell you what VA thinks your claims are."  and at the end of this email it stated this "  The VA is supposed to HELP you with your claim, but sitting back and relying on that is a dangerous proposition"  And the end of that statement is so VERY TRUE!!!  The first part I find to be a JOKE!  SOMEONE please tell me when the VA has ever helped anyone with their claim?   I suppose the word HELP is very subjective and can be defined several different ways!  But personally I find that receiving or even expecting HELP from the medical claims side of the VA to be totally LACKING to almost nonexistence!   And that the most Dangerous Misconception a Veteran could have is the belief that the Medical Exams of Claims side of the VA is there to help the Veteran with getting their claim approve and approved at the highest percentage possible!!! In other words if you are sent for a C&P exam after filing a claim, the basis of that exam is to rule out the claim, not approve it.  Maybe I'm wrong in this belief but having done a lot of research on the number of Veterans claims filed in a one year time frame and then compare it to the number of Appeals that end up getting filed in that same year.  Well those amounts would indicate my statement to be more the reality of what is going on than any written Government or Veterans Affairs Policy would.   

Oh I almost forgot to add What is the VCAA letter that Hill & Ponton addressed in their email???  I don't believe I have ever gotten one of those.  Has anyone else?  And maybe I have and it has been called something else?  

 

Edited January 19, 2016 by ADodge
misspelled word

[Vync]

If you have not requested a copy of you claims file, I recommend you put in a request for it. Knowing what the VA has or does not have will help you a lot.

VSO POA's usually remain in effect until cancelled. It is possible that when you were out processing, it might have been included in the stack of paperwork you signed. Many folks are in such a hurry to get out that they just want to know where to sign. As above, if you get your claims file, you can find out if this really does exist.

I got out in 1995 and I had to sign a form during out processing stating whether I "did" or "did not" want an exit physical. That was only 11 years later than when you got out, but I assume the form might be in your service records (either medical or personnel)

The VCAA went into effect about 15 or 16 years ago. The law basically says that the VA has a duty to assist and will try to help clarify claims i.e. "lumbrosacral back pain (claimed as "back trouble"). There's more to it than that.

I agree with your opinion that getting VA help with medical claims is a load of BS. This is the part where the "duty to assist" fails. I asked several VA doctors to help with my claim and most declined. Only one had the common sense enough to write a nexus in my records. The others said they worked for the health side of the VA, not the claims side, and then stated they would get in trouble. Strangely enough, I have heard from other veterans that some of the VA docs actually tell the patients they can file a VA claim for whatever condition, but they stop short of writing a nexus.

[Sgt. Wilky]

I can only address the first two questions of your post:

My claim for PTSD was approved right off the bat (first time ever for a claim for me BTW). I had looked at the DBQs and my doctor and my spouse matched my symptoms with those listed on the DBQ. I made sure to address the C & P examiner's questions as it related to my symptoms AND as it related to the information on the DBQ so that there would be NO mistake (intentional or unintentional) by the VA as to my conditions and symptoms of such. My claim was approved within 2 months.

Secondly, I was a reservist in the Marines who saw one tour, but during that tour and during my active duty time I had numerous injuries all documented in my SMRs. Although I did not receive a "final" health exam either, all my issues in my claims are documented in my SMR and I have an established history of complaint throughout my civilian life since.

It took a long while for me to learn how to put my ducks in a row, but I finally learned how to do it by the help of so many people here.

Good luck and Semper Fi!

Sgt. Wilky

[ketchup56]

Start with requesting a COMPLETE copy of your c-file and copies of all service medical AND personally files then start there. You MUST know what's EXACTLY in these records or anything you say they will rebut with their normal BS. There are also NEW special procedures and rules pertaining to MST claims you need to know to successfully win these claims.  Google search is a very powerful tool if used ....JMHO and keep at it.