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.   

[Berta]

WOW, that is great news about the IMO but why the NOD?

Did the IMO  arrive after they had made a decision?

Was the disability claimed as schizophrenia?

"WIA" ......did he receive the Purple Heart?

Have you looked over the "scar" criteria here at hadit? He might be able to claim the scar and any muscular involvement.

Gee I bet many here would love to get an IMO from a former VA doctor....particularly a psychologist....

That wont help for any PTSD claim filed after July 2010 ( due to the new PTSD regs) as to a diagnosis of PTSD but it would sure help with a higher rating for PTSD if the medical evidence warrants it.

It would help if you can scan and attach the decision you filed the NOD on.The Reasons they gave and the evidence list they used.

(Cover C file, name, address, prior to scanning it.)

Dr. Craig C Bash is a former VA doctor and knows the ins and outs of the VA criteria for disability.

He is a Neuro-radiologist but helped me succeed in an AO DMII DIC death claim.

( My husband had never been diagnosed or treated for DMII but Dr. B carefully went over my lay medical opinion and all of the evidence in the established record and prepared the opinion in mere days while he was on a vacation.

Evidence is Everything!( I am sure my IMO fees would have been much higher if I had not prepared a detailed cover letter and tabbed specific records, and deciferred some of them ahead of time for him  Most were handwritten ).Part of his opinion he had based on his experience reading radiological reports, MRIs etc  of "thousands" of diabetics.

I had brief contact wityh a former VA Neurologist who gave me a brief freebee IMO in email and Dr B called him and incorporated the opinion from this doctor into his IMO.

Because of Dr B's opinions ( I had 2 from him) I was able to develop the IMO criteria here at hadit as to what specific things a good  IMO should cover.

Edited September 13, 2017 by Berta