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]

Sorry - my father was the one with the Silver Star - not bro.   Yes, brother's on eBenefits but no, it doesn't show the claim from 1982.  I did include some behavioral details in my "Statement in Support of Claim" when I filed, including the uniform burning, as well as a Felony conviction, etc.  I did the 'vonapp' online in Sept 2015 - then finally submitted a 3" binder with the appropriate forms and backup docs this February.    They appear to be using 9/15 as the claim submission date.  They've moved up the 'estimated time of completion' to June.  I said in the claim he would be homeless if not for my husband's financial support, but I elected to do a 'fully developed claim' thinking it would be in his better interest.  Seems to be a pretty quick turnaround.   From what you both have told me, it makes sense they should have categorized the PTSD as service-connected with 0% rather than completely non-service connected.   I made it very clear with the new submission that he was claiming his PTSD was service connected.   Why didn't they say in the status back to us 'Disabilities Claimed' PTSD - non service re-open AND PTSD - service connected - NEW.   Wondering if there are any similar recent Vet claims from our guys that experienced an IED explosion in Afghanistan --- with symptoms not presenting for years ... is the VA classifying their PTSD as non-service connected (?)   Kinda doubt it.    I was really expecting them to come back with request for C&P exam ---- they didn't do that and that has me worried.   But I'll continue to be optimistic.  My husband (poster boy for the Army) says the VA is on our side and I want to believe that.

[Andyman73]

VVS,

VA is not "on our side" in reality, but to our faces and in the media, they are.  It's rare, or never, that you hear of any Vet from before the 'Nam era claiming difficulties with the VA in this day and age.  I know in the past they had it just as bad as we do now, tho.

I just want to reiterate that those medal citations are worth their weight in diamond crusted gold! The trauma report when he was brought to the hospital details his injuries, and the action report details the hows and whys of his injuries.  That is irrefutable proof of the causative event that compounded his PTSD.  And the Combat Action Ribbon proves he was in combat, physically, which then would be the stressor causing the PTSD to begin with.

Audie Murphy, one of many real American Heroes.  He's just the cream of the crop, everyone who served, or is serving, are real American Heroes.  You don't have to be an Audie, or Chesty, or Carlos, or Chris Kyle, or Dick Winters, or Barry Sadler, or John McCain, or Sgt. York, you don't have to raise a flag on some rock pile in the Far East Pacific, you can just be me and you.  You can even be a Berta, too.

[VietnamVetSis]

Just a general question ---- In the event my brother is awarded a 'non-service connected pension' because of his income below the poverty/MAPR level --- and this is granted retro back to when he turned 65 --- if the VA grants disability comp as well -- does this wipe out the pension ?   Or do they pay the pension retro amount and ongoing monthly amount until lump-sum retro disability comp payment is ISSUED and/or monthly disability compensation starts ?   I read where they won't give you a non-service connected pension and disability compensation at the same time -- one or the other and it is the higher amount -- . . .  maybe i'm counting my chickens but curious as to how that works anyway.   

[broncovet]

Vet Sis:

   How NSC pension works is this:

1.  If you qualify due to low income AND war time service, and are not employed, then you can get a combined amount of 12,000 (plus or minus applicable dependents) from all sources:  VA, social security, and other income is included.  HOWEVER, you get to deduct medical expenses from that amount.  Hypothetica example:

a.  Vet served in applicable war period, is not employed, gets 800 per month social security and spends 100 per month getting back and forth to doctor, medical insurance copays and deductables, bandages, wheel chairs, etc.  In this instance The Va would pay 300 per month, to bring your income to 1000 per month after medical expenses.  

[broncovet]

Oh, and by the way, I did get NSC pension for a couple years before my service connections were granted.  I no longer get NSC pension as I am 100 percent service connected and Vets can not get BOTH NSC pension and SC compensation at the same time, but get the greater of the two instead.  

I have been posting on hadit for 9 years, since 2007, and first applied for VA benefits in 2002, 14 years ago.    No, I still have not won all my benefits, as I still am fighting for "back pay" back to 2002 when I applied and, for special month compensation which is in addition to the 100%.  

Edited March 19, 2016 by broncovet

[VietnamVetSis]

Thank you broncoVet for responding.   On eBenefits they've lumped his NS pension together with his disability claim so unless there is a delay in getting the disability comp (if any) he should be able to get the pension.  Your example up there was almost on the mark - he makes $900 social security, did serve wartime, over 65, etc.  Thanks again - appreciate it.