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.   

[bobbyq]

Something I do not see in these posts.............Get a SF180 and request his military personnel file which will show all his assignments, schools, combat sites and participation, and so on.  It will  be extensive and you can go from there.  Now supposedly you do not need stressors for PTSD.  Good luck

[Berta]

With the SSA retirement now, he might sure not be eligible for a VA Pension. It is based on low income.

The claim ( as I am interpreting this) should be for direct service connected compensation.

If they deny the claim on direct SC they will (at least they should) make a statement as to whether or not he is eligible instead for the wartime pension. If so they will determine what they can pay him .Does  he keep all of his medical bills?

There is info on VA wartime pension here under a search.

In 1982 VA was stilling calling claims like this a claim for a "nervous disorder", and  that is what my husband's initial VA award was for, until they started using PTSD.

You did a lot of legwork and that is GREAT!

Can you possibly scan and attach the 1982 denial here? (Cover C file prior to scanning it) I am always thinking CUE when I read stuff like this,.

"was WIA by tripping a grenade booby trap - Purple Heart" definitely a stressor

Do you mean SSDI or SSI?     What specifically does he get that for, solely for PTSD? And when was that medical determination made by SSA? 1988?   For schizophrenia or for PTSD?

I assume he has private medical records. VA needs to know of them. Do you have copies of them?

You have his SMRs but do you have his NAV 201 Personnel file?

http://www.archives.gov/

You can fill out the SF 180 right on line, then print off the bar coded thing, have him sign it, copy it, and mail it to where they direct you to.

Ask for all of his Personnel files to include any disciplinary actions.

There sure might not be any disciplinary actions,,,but  don't get me wrong, but I mentioned that because something like that could be the first manifestation ,in service, of

many types of MH issues.

Do I understand schizophrenia was diagnosed in 1978?

Is he treated for schizophrenia or PTSD or both by private doctors?

 

Edited March 17, 2016 by Berta

[Buck52]

Basicly if you guys can get a private Dr (PHYSIATRIST) To state in his/her opinion that his PTSD is likely as not caused from his military service and that he has read his medical records including military medical records, this would link the two together,also when he was denied his claim   they may have committed a CUE   Because rather or not he was denied a rating  they should have Service Connected his disability. ..to 0%.

 he has his stressors  that's good & CIB AND PURPLE HEART are great   ..Mostly it all comes down to his medical records and Diagnosis of PTSD DSM-5 From the VA and all his treatment /medications he takes and therapy notes.

I am stun as to why he has not been service connected and rated for his disability ? I would pursue this until he wins all what he deserves.

I hope you guys have filed NOD? & Not let them limitations run out?

be sure and have them to go back to 1982 when your father first filed  that should be his EED (Early Effective Date) FOR HIS CLAIM If he is awarded a 70% or 100%  & in my opinion he should be awarded 100% plus SMC  and  retro all the way back to 1982 the date your father first filed his claim.

(big big hunk of change) Half Million Dollars

It would be worth the $$ for a good experienced Veterans  Attorney&Dr to take his claim case  being its been this long,  but if you have most of the documentation as credible evidence  it will be an easy case for an A good Experienced Attorney

Hadit member ASKNOD would be a great hadit member to seek help with, he is wonderful with all the do's and don'ts with the VA and is very intelligent with the CFR'S & BVA Appeals /CAVC Cases & in helping Veterans win their claims  especially Vietnam Vets.  There's not many of us left out there.

 btw=Asknod aka Alex, Is in the process of getting his Certification to help veterans as a VA legal Adjudicator 

I hope and pray your brother gets all he deserves and more, this is just plain ridiculous for a vietnam combat vet to have to go through.

I lost my best friend and brother- in- law up at quang tri Province'' in 1968 at age 23, 1st marines G company 2nd Batt MAR III he was a M-60 machine gunner.

I put up is memorial. from the virtual wall.

I wish you guys the best with his claim and he gets to feeling like him old self again.

http://www.virtualwall.org/df/FoleyWL01a.htm

...............Buck

 

 

Edited March 17, 2016 by Buck52

[Berta]

Buck I have to correct you.

After 2010 the new PTSD regulations ( which some of us here fought over, 3 or 4 , but not enough vets did)

the VA decided they will NOT accept a PTSD diagnosis from any private shrink, it must be diagnosed by a VA shrink.

Private MH records for PTSD treatment could help with a PTSD rating, but , since this claim will fall under the new PTSD criteria (I assume it will as a re open)  the initial diagnosis of PTSD must come via a C & P exam, which I assume this vet will get at this point.

This is why I asked to see the older decision.

 

 

 

 

[VietnamVetSis]

Buck52 -- What is CUE and NOD ?   

[Buck52]

Ms Berta I agree with you, but I had assumed he had a VA PTSD Dx?

Here is what I quoted.

'' if you guys can get a private Dr (PHYSIATRIST) To state in his/her opinion that his PTSD is likely as not caused from his military service and that he has read his medical records including military medical records'',

Simply b/c its hard to get a VA Doc to state this.

Has for as I know there is no limitations on the time to file a claim from Vietnam Duty.

although the VA should make the date his EED when his father first filed his claim...for PTSD...Unfortunately the VA will try to Wiesel out of his EED.

I was in Vietnam 68-69-70 ...I knew I had the symptoms for PTSD but was just to stubborn or A shame to admit it and it was years after I got out  to file my first claim for PTSD, Altho I had filed my first claim for Noise Induced hearing loss and tinnitus back in 1998  because I could no longer work which I was awarded  IN 2002 SC TDIU P&T static in nature, I finally filed my claim for PTSD after I was diagnosed by the VA MH Dr's in 2015 & was awarded 70% & criteria meet for SMC's

This veteran should win his claim and dated back to when his father first filed.

The SF-180 Form was the one I meant above to send the NPRC In St Louis  I just couldn't think of the form right off hand.

jmo

.....Buck