VIETNAM PTSD CLAIM

[VietnamVetSis]

I'm new here and am re-posting under this topic as it may be a more appropriate forum.   

First off, let me say this site has been extremely helpful to me in developing my brother's VA claim.  He's a former Marine - served in Vietnam 1969-70 and was WIA by tripping a grenade booby trap - Purple Heart.  He was unemployed for approximately 4 years of the first 8 years he was back.  Then in the 8th year, he attempted suicide, taken away in a straight jacket, hospitalized and diagnosed with Schizophrenia, Paranoid Type.  In the 5 years that followed, he underwent long-term mental health therapy, was incarcerated for hitting a police officer with his truck (charged with intent to maim/kill), received a Felony conviction, put on Probation, and lost his license.   There were many other bizarre behaviors too numerous to list here.   My father filed a VA claim for his "nervous condition" in 1982 - The VA denied it saying "evidence did not establish service connection for PTSD - and disorder not shown by the evidence of record - your nervous condition not shown to have been incurred in service."   With my parents now gone, my husband (retired USA LTC) and I now financially support my brother, who lives below the US Census Poverty level.   His only income is SS retirement.  He's on food stamps.   This prompted me to re-file his claim.  They came back with "disabilities claimed" of PTSD - reopen; Non-service connected Pension - new; Schizophrenia, residual type, competent;  Scars - increase; Compentency - new; and Special Monthly Pension - new.   

My biggest obstacle has been gathering medical evidence for this claim.   I was only able to submit the written diagnosis from his hospital for schizophrenia in 1978 (quite detailed though citing suicide attempt, paranoia, second coming of Christ hallucinations and all that); emergency center invoice from the local County Community Mental Health center in 1982, a physician's report of medical status (schizophrenia-form episode with depressive symptoms) in 1983.  I also submitted relevant documents including the Probation Officer's consult with his mental health therapist agreeing his behavior arose from Vietnam combat experience, a Circuit Court judge probation condition that he undergo a year of mental health treatment, and a DMV suspension letter indicating license would only be reinstated on the condition that he file a psychiatric evaluation annually.    I've reached out to the hospital, the mental health center, even the County Court reporter to get further documentation.   All records have been destroyed in accordance with the state record destruction policy because it's been so long.

The VA has now come back asking for "medical evidence of his permanent inability to obtain/maintain gainful employment".   They didn't ask for a medical exam, they didn't offer a medical exam or Field Examination.  They made no reference to PTSD or Schizophrenia.   (Are they planning to deny it outright or are they perhaps accepting it based on his booby trap trauma??)  There is no other medical documentary evidence to be had!  I am creating a time line of sorts for them - showing his below poverty earnings and unemployment correlating to the times he was hospitalized and undergoing mental health therapy.    DOES HADIT or ANY VET out there have any other suggestions for me as to how to tackle this lack of evidence in my response to the VA?  Please come back to me --- they are asking for my response back within 3 weeks.  Would greatly appreciate any comments.   

[Andyman73]

VVS,

Something else that may help with the earnings records besides SSA, tax returns. No matter your earning level, you must file.  Those returns would certainly add to the burden of proof of your brother's claim of under employed/unemployed.

[VietnamVetSis]

Received the VA Development Letter.    They only list a few forms in their possession and make no reference to any of the voluminous documentation I submitted with the claim.  So I'm busy scanning and converting to PDF file format and uploading a 3" binders worth of docs.   As well as responses and attachments to 9 of their requests by April 14th deadline -- Most are centered around proving he served in Vietnam for the Agent Orange exposure.  

I did contact one of the recommended lawyers and was told they don't sign on until we get the rating decision back from the VA.    

Thank you everyone that has provided input -- I'll keep HADit posted on the decision when it's received.  

[Berta]

" Most are centered around proving he served in Vietnam for the Agent Orange exposure.  "

???

His DD214 will show Overseas Duty and then the service period,which will be usually one year, during the Vietnam War but the awards and/or medals on the DD 214 should confirm incountry Vietnam service.

I am looking at my husband's DD 215  Vietnam Service Medal with 3 Bronze Stars ,Presidential Unit Citation,  Republic of Vietnam Meritorious Unit Citation, (Gallantry Cross with 3 Palms)Republic of Vietnam Campaign Medal with 1960 device, etc..... these all denote Vietnam service.

Does anything similar to these appear on his DD 214?

The VSM without any stars to my knowledge was given to every vet who served during the wartime period regardless of where they served ....please correct me someone, if I am wrong.... the VSM also created a fiasco years ago for many Vietnam vets who had to prove they in fact were incountry Vietnam.

 

Edited April 4, 2016 by Berta

[FormerMember]

The first thing that bit my eyeballs is that this is being filed as a request for pension. Hellooooooooooooooooooooooooooooooo??????? This is not a claim for a non-service connected event. It is a claim for compensation and nothing else. Your brother's claim failed in 1983(?) very simply because that is what VA did back then. If the Vet didn't come back with a NOD, VA won. Refile immediately using the 526EZ and recharacterize your claim as one for compensation rather than NSC pension. I was going to read the whole train of comments but all I saw in the first 20-30 was NSC pension discussions. 

There is sufficient evidence of record to have him rated at 100% P&T with what is available. He and you need not file or pursue any private nexus letters from shrinks. VA requires one of their own to do it anyway so save the money. Vietnam Vets are virtually given a presumptive on PTSD if they were in combat and have a medal to prove it nowadays. Your brother more than qualifies. VA will low ball him with an initial offer of 50% and a NOD will take it to 70%. A DRO review will carry him to a full P&T if he threatens to appeal to the BVA  but that is unfortunately how VA works. 

I would call my congressman this morning and get the ball rolling. This is inexcusable. Ask for an advancement on the docket as well. He's been denied for no good reason other than the claim being mishandled for decades. I do not fault you for it, VietnamVetSis. I do, however, smell the stench of an inept VSO in this somewhere.

P.S. You'll need to get an up or down decision first on his claims for compensation. You cannot hire an attorney until VA substantially "denies" you any part of what you ask for. After rereading the thread, it's obvious a Clear and unmistakable error occurred in the first filing based on 38 USC 1154(b) alone. This will give you the can opener to resurrect your original claim and obtain an earlier effective date of 1983 filing. I have the names of several good attorneys but I'll contact Ken if you wish. I'm sure I can interest him in this and if not, "Hurricane" Katrina Eagle would love to take VA to task on this. Personally, I'd love to myself but I am not licensed to do so yet. This is a cakewalk inasmuch as VA violated nearly every precept of their own laws to deny your brother early on. I just began one very similar to this last year for a neighbor. We had to begin by getting his Purple Heart and Combat Infantryman Badge after 46 years of promises by 5 VSOs that "they were on it".

Edited April 4, 2016 by asknod
error

[broncovet]

My doc recommended I file for NSC pension..while waiting on compensation.  Im glad I did for several reasons:

1.  Pension, though small, is better than homelessness.  Its relatively easy to get for war time service vets with little or no income.  

2.  An award of pension does not preclude compensation.  Yes, its true you only get the greater of the two, but the VA probably stepped on their necktie awarding me pension.  You see, a pension award assumes unemployabliity....but for NSC conditions.  Once these conditions are later SC, then a TDIU denial is difficult to come by.  My lawyer will be arguing that the unemployablity for pension WAS for SC conditiions, backing that up with evidence.  The VA alleged that I was NOT unemployable, which was in conflict with the pension award which says Im unemployable..but due to nsc conditions.  

[Berta]

I mentioned the DD214 stuff, above,  but am glad I re read this whole thread.....

you stated:

" I will reiterate in my response that his DD214 shows Vietnam Combat Action Medal, and that I've submitted service treatment records from Da Nang that received him off the medevac helicopter, and the Quang Nam Province daily long from his Commanding Officer citing his accident, etc.    I have submitted a request for his OMPF and if I get it before my response deadline of 4/14, I'll include that too ... "

I cannot imagine why they are questioning his Vietnam service.....