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.   

[Gastone]

Just did the old "Speed Read" of above, if it's already been covered, cut me some slack.

VA changed PTSD Rules about 2010 or 11. Your Brother's DD214, being a JarHead, will indicate his Nam, CAR and Heart Award. With that stated, his PTSD Stressors will now be, Assumed, by the C & P Dr. No buddy letters or other corroboration necessary. As long as his statements are believable, he's good to go on the PTSD Award, I'd say a 70% is a LOCK.

He also, definitely sounds IU to me. While your waiting, if you haven't done so, throw in a FDC for IU, even though being at 50% SC, doesn't make him Schedulerly eligible for IU, at this time.

Give thought to having your brother interview with a VA Vocational Rehabilitation Councilor. I know, he can't work, I get it. However, by filing for VA Vocational Rehabilitation, on his E-Ben site, he would be in a position to get a Voc Rehab Denial Letter. This Denial letter can Seal the Deal, on an IU Award.

Myself (2013) and (3) other Nam Vets (2014) that I work with, got the Denial Letters after about 3 weeks of of Councilor meetings. Severe PTSD symptoms, makes it impossible to even do Sedentary Work. The VA Voc Rehab Councilor's Denial Letter will cover all the bases. Get IT!

Are you named by the VA, as his Fiduciary?

Semper Fi

 

[Buck52]

I agree with Gastone...great advice!

If this veteran can get a 70%PTSD Rating  then that would boost his percentage to 85% rounded off to  a 90%combined rating and at the same time file a TDIU Fast Letter request The IU using the Extra Schedular (b)

He should Send in a request for this before his claim is decided.

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

Edited March 20, 2016 by Buck52

[Buck52]

416-(B) tdiu fast latter 21-8940

http://www.scribd.com/doc/148923612/FL13-013-001

Edited March 20, 2016 by Buck52

[VietnamVetSis]

I've got some studying to do on all these acronyms ... 

Berta:   Yes, they did get his service records because when I requested the same a few months back, St. Louis sent me a copy of the VA cover letter requesting them back in 1982 -- this was probably an error on their part for including it in the mailing to me ...  

One of the recommended lawyers is in Bethesda, MD -- very close to me just outside of DC.   I see from their web site that they don't take clients until a denial / decision letter is issued by the VA, but they will do a free initial consultation before that.  I've reached out to them.  

To further explain my evidence for IHD and Diabetes II -- I've found a civilian physical he had in '08 where he had symptoms that present with these diseases.   He hasn't been treated for or officially diagnosed with these diseases by VA or civilian dr.   However, I'm going to include the EKG showing Ventricular premature beat, atrial fibrillation, intraventricular conduction defect, lateral infarction, as well as his blood work up that shows very high Glucose levels (Diabetes - my mother had it and I am borderline as well),  low red blood cell counts (Anemia) and lastly the Dr's notes that he needed cardiology consult and hypertension treatment.   I will submit all of this 'new evidence' in response to the 5 requests they've just made for Agent Orange exposure.   I'll include the VA record request form as well for this Dr. when I respond.

They are even asking me to submit evidence of when, where, and how he was exposed.   According to the VA website, this is now presumptive and doesn't have to be proven however, 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 ...

No, I am certain my brother didn't receive any request for more info from the VA ---- you see, he lived at home and my father handled everything on the claim for him through a VSO.   My brother even had to dictate his 'statement' because he couldn't write it.  My brother has never done anything to help himself -- just stating a fact.  My parents housed and supported him and then he lived with me for 2 years til I got him a cheap apt.  But I've had to file for his social security retirement, food stamps, medicare, medicaid QMB, etc. - his only involvement has been signing the papers.  Doesn't ask questions - He doesn't have a phone btw.   Certainly no computer.   And for a long time, I realized he was just staring at 4 walls so we bought him a TV and pay for his cable.    Gives him some touch with reality . . . 

I filed for SSD for him and was declined in 2014, because at that time I couldn't provide SSA with any additional medical records beyond the time he worked and was still covered by Social Security to prove unemployability.   Waited too long and the records were destroyed.   This may be the same case with VA now but I'm hoping they'll accept new evidence I've submitted like a written order by a Circuit Court Judge mandating he complete a Mental Health Program as condition of his Felony Conviction parole, etc.   I spoke to SSI rep and was told he doesn't quality for SSI because he makes more than $750 a month already with Social Security Retirement.   That's all SSI will pay and they count retirement income.   They sent me a letter saying he doesn't qualify for SSI.

[VietnamVetSis]

Buck52 & Gastone:

I will definitely file the Fast Letter for FDC for TDIU!   I will also reference this when I respond to their most recent request for medical evidence of inability to maintain/obtain gainful employment - response is due 4/14.   

The Vocational Rehab counsel is a good idea --- however, don't know if he'll go.   When I tried to take him back to the Mental Health Center a couple of years back and they agreed he should be seen again, he said "No, I already did that".   But if I tell him it might mean more comp from the VA, perhaps he'll agree . . . He's already 67 and I think they only care about it until he's 69 and then its a mute point anyway right ?  

Gosh I've written a book on this.   Thanks everyone for your guidance ! 

[VietnamVetSis]

Sorry I didn't include answer for Fiduciary --- No, I'm only his POA and designated Rep..  But VA came back after we filed claim and added the claimed disability of "Competency - New" which from what I see will probably mean that I take on that role.  No biggy - am already on his checking acct and pay all of his bills.