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.   

[VietnamVetSis]

Berta,

Thanks for your responses.   Even with Social Security Retirement he is BELOW the $12,868 MAPR pension table rate.  The pension won't be much --about $165 a month -- but hey, this is a tremendous help.  I had read that about VA not accepting civilian doctor PTSD evaluations and that's why I've been hesitant to take him to see one to bolster his claim.   I don't want it held against him should we get down the road and have to appeal his rating.  

The denial letter simply stated what I said above, again that evidence did not show service connection for PTSD, and that evidence did not establish disabilities of sufficient severity to prevent substantially gainful employment.   As well as a short sentence that "SCARS" disability was service-connected but less than 10% disabling and compensation was not payable.   How silly.

I didn't know about the SF 180 --- this is a God-send.  I had no idea how to get his 'orders'.   I've already completed it and am going to get it right in.   Yes, absolutely will request any disciplinary actions on his records to see if any problems happened on active duty that I'm not aware of.   My brother burned all his USMC documents along with his uniform when he returned from Vietnam.   This gives you an idea how serious his mental condition is.   Like I said, the VA didn't come back with any requests for PTSD or Schizophrenia proof specifically (I already gave them the hospital's medical diagnosis) but if something shows up on his file I'll definitely submit that.   Big help - thank you.

[VietnamVetSis]

Meant to say THANKS to EVERYone  - Buck52 and Bobbyq -- for the SF 180 suggestion.  This will help.

[Buck52]

VV-S

Oh I'm sorry

The NOD Is Abbreviation  for ''Notice of Disagreement'' which they will send you one  in their decision.

The CUE is Clear and Unmistakable Error..But they are little more hard to prove and difficult to explain.

 Ms Berta and asknod can explain them better than most of us members.

I believe the VA committed CUE when they failed to  SC your brother with a SC 0%  But to be honest with you I truly don't know?  its just my opinion

from what all you mention about his medical records and medical help he has had, if the VA has all this evidence  then it should be considered as credible probated  evidence  in my opinion.

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

 

 

 

 

 

 

Edited March 17, 2016 by Buck52

[VietnamVetSis]

Buck52 -- I'm just getting my first Baptism with all this VA stuff but I wasn't aware there was any 'statute of limitations' with asking that a claim be re-opened, which is my brother's case.  But I just looked at the back of the decision form and the "Appeal" rights section does indeed say you may appeal "within one year" from the date of their letter so we're well past that.   Ugh.   My father did not do this.  I remember he was so outraged (he was a Silver Star recipient) the VA denied it, and then the Vet Service Org (I won't mention which one) pretty much just said hey, it's unfavorable, appeal if you want and contact us, but oh btw, you're not a member and here's an application and return your check or money order so we can add you to our roles . . .  You know how those WWII vets get riled up - God love 'em all.   Just looking at it from a layman's perspective that PTSD was found not service connected in 1982 and whoops, (HOPEFULLY) they decide now it is indeed service connected, there may still be a chance to get some retro-compensation . . . relating to that 'CUE'.   Everything I've read about the VC booby traps -- they were such a scary thing as I'm sure you're well aware.   And the thought of having to crawl around on all fours in the middle of the night to locate and avoid them for 9 months in Vietnam --- God who wouldn't have PTSD from this.   Hopefully the VA brings a little compassion to this claim, outside of their 'check the box' rituals.  Everything you've told me.   Thanks much for spending so much time on my query!

[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

[Buck52]

VV-S

You don't need any VA Organizations to rep your brother, you come to the right place for that,  matter fact most on here don't recommend the VA Organzations as VSO To help with their claim.

I used the DAV for my VSO Rep and he was useless,  between me and hadit members I got what I wanted filed for.

  The VA  have there own way of rating but you will find what your brother should be rated at  with his symtomes and  degree of his PTSD Mild , or Server chronic, unspecific depressive disorders  ect,,,ect,,,

.Also if your ever in doubt about what he should be rated for % wise  just ask for the full legal % requirements to his disability symptoms .

 Also keep in mind A Compensation and Pension Exam  (C&P) is very important  that the examiner has read all his medical records medication list treatment records letters or certifications & medals /awards he received in line of duty  the whole 9 yards,  this exam is the Most crucial exam to be SC And be Rated at.

Remember Medical evidence is the best your brother can have they can't dispute that.... specialist Dr Trump VA MD's IF HE HAS BEEN DIAGNOSED WITH PTSD DSM-5 by the VA. 

The examiner goes by what they have as evidence  usually medical records  and how his disability ''PTSD'' has effected his life & Love ones around him

Also report what he did about burning all his records and uniforms... Make sure the Dr's report all his symptoms behavior  no matter what , if he has been using the VAMC then make sure you get copies of all his medical records...and private ones too.

you can get copies at his VAMC information release of records.

  The VA raters will look highly on what  the examiner reports, so when he has a C&P Exam make sure you guys have most of the records and copies of all you have  , the examiner should have most of these  so take what you think is most per taint to his claim

Remember the examiners will watch ever move he makes eye contact, body language behavior- nervousness ect,,,ect,&,just be honest with the examiner and report all your evidence to him/her.

Reopen claim,

If your not that concerned about his EED b/c of the date filed and no NOD WAS FILED  then then just concentrate on winning his claim for the 100%rate and possibly SMC'S Home-Bound...

you can find what his rating should be here on Hadit...but remember to ask for the full rating he deserves  according to his symptoms .

The C&P is your only chance to try to make sure the examiner has all the evidence...but if denied he can always Appeal. NOD.

others may chime in please!

JMO

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

Edited March 17, 2016 by Buck52