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]

Fiduciary Appointment, is a Real Big Deal, it's not an automatic that the VA will allow you to be named, good chance but not guaranteed.

I trust you are not named as a Joint Owner of his Bank Account, right? Your his Bank Account POA and possibly it's beneficiary.

With the appointment of a VA fiduciary on the near horizon, be careful how much $$ are kept in his Direct Deposit Account. If and when the VA Fiduciary is appointed, the Rules of the game, change drastically.

I appologise for using the VA Claims accronyms, they can be confusing. As long as file the "Fully Developed Claim, FDC" for PTSD Claim or Increase, you should be in line for an expedited Decision. Am I right, all his Medical Treatment records, both private and VA, are in the hands of the VA?

If you could post redacted copies of his claims, awards, Denials and any Disability Questionnaires (DBQs) that have been completed for his Comp & Pension (C&P Exams), that would be a great help to us.

Does he participate in the handling of his VA Claims? Ask him if he would mind me sending him a private msg. A little Jarhead to Jarhead discussion.

Semper Fi

 

[VietnamVetSis]

I have Financial POA for him.   Yes, I'm joint owner of bank account because I have to be on it to transfer funds from my personal account to supplement his account.  I can also keep an eye on his withdrawals as well this way.   It was set up JTWROS - so yes, i would be the beneficiary.  I spent 20 years as a banker (Executive Officer) so I would hope the VA would name me.   Though there are 3 other siblings, none of them have had any contact with him for years/even decades.  I transfer only $300-$350 a month into this account from my personal funds - to cover his rent shortage of $303.   The only other direct deposit to this account since its been open has been his Social Security retirement check of $907.   So the remaining balance after his rent comes out is nominal.  

Yes, all the treatment records for PTSD and Schizophrenia are with the VA.   I am submitting a physical record done in 08 that I just found for his heart, hypertension, and blood work - but these will be in response to their request for Agent Orange medical evidence.  The claim is in "Evidence Gathering" stage and the ball is now in my court to respond to 9 of their requests.  

He has never had a C&P exam.  In the request for more info from the VA (response due back 4/14), they did not mention a C&P exam.   They did say they would schedule a VA exam for him in connection with the housebound allowance.   From what I can piece together, he quit going to mental health therapist in 1983.  

No awards or DBQs exist.  I pasted the Denial from VA in 1983 in one of my posts above (scroll up).  The Claim I just filed states "PTSD - WIA 4/7/70 Quang Nam Province Vietnam" with statements from my brother, myself, and my husband, schizophrenia diagnoses back in 78 and 83, and everything else I could muster.   Does this help?

[Berta]

"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."

2008 was 8 years ago. My husband presented symptoms of IHD and DMII in 1988 in his VA medical records.

They never diagnosed or treated him and we never knew ....until he asked me to continue a 1151 claim he had pending in 1994 , and said if they killed him, I should go after them and  get all I could  (meaning file FTCA-first step in a lawsuit against the USA).

I said 'Oh Honey the VA isn't going to kill anybody.'     He dropped dead in our barn 4 hours after he said that, very unexpectedly. (Sudden death syndrome with IHD and DMII causing and contributing) 8 years after overwhelming evidence of IHD,first appeared in his VA med recs,  and then ,because my daughter made me re-open, for DMII death due to AO , years later.....but neither was diagnosed or treated by the VA, even though he never missed any appointment ,or his annual VA physical - (he had worked for the VA) and had been hospitalized twice by VA for PTSD.

After he died I got his med recs and they still stun me. I even won additional 1151 issues last year, over 20 years after he died.

I cannot begin to tell you how painful it was to me,( I too had worked for VA as a Combat PTSD Vet center volunteer) to know how careless and negligent they were with my husband, a decorated combat veteran.They almost killed his Vietnam  buddy too but luckily they didn't finish him off and even though he didn't understand the 1151 claim I wrote for him,  he gets 100% P & T plus SMC because of malpractice.(1151) He didn't want to sue them because he was afraid he would piss away a lump sum settlement on Elvis paraphernalia.

 

I assume  that your brother  gets Medicare? Or he gets med treatment from the VA?

"lastly the Dr's notes that he needed cardiology consult and hypertension treatment"

When were those notes entered  and has he since gotten the consult?

The lateral infarction on the EKG sounds like a heart attack  but the key word would be "ischemia".

 

 

 

 

 

 

 

Edited March 20, 2016 by Berta

[Berta]

Maybe I need to clarify my point....8 years is a Long time to go without treatment for either IHD or DMII or for whatever the cardio situation is (and apparently the HBP too)

Gastone and I are thinking alike here, I believe, and I wonder if your brother is even receptive to getting medical care. Surely the VA will set him up at some point for C & P exams. If he is a no show, they will quickly deny the claim.

I am more concerned at this point over his actual medical conditions. The PTSD claim could be worthless if he dies.

I forgot to mention my husband was only 47 years old when he died.......due to untreated ,undiagnosed IHD and Diabetes Mellitus.

 

 

 

 

[Buck52]

you may request to reopen his claim dating back to 83 or 78  other members can chime in here.

 Also was a NOD ( Notice of Disagreement'') filed?  

It could hurt him when he stopped getting treatment from the VA.

 Treatment plays a major factor here especially for PTDS so get him Back to the VA &remember the VA can only make a PTSD Diagnosis....preferable a VA license psychiatrist.

He will need the Diagnoses before the C&P Exam.

When ever he gets a C&P be best if you go with him and be there to help him answer the questions,(explain to the examiner while your there) the examiner will watch his moves, body language and how he makes eye contact   they watch the whole 9 yards.

a lot of a good  C&P depends on what type Examiner you guys get   just be ready for a bad one.

Make sure the examiner as read and seen all your evidence ,  if you don't think he has seen some medical evidence that you need to show him  take that evidence with you so you can...they usually just read off the computer and not all evidence is sent to them   so just make darn sure you have it all in case the examiner don't have it...pay close attention to every thing the examiner mentions and if something don't seem right  speak up 

Sir I have that right here with me from Dr  so-so  and hand it over. make extra copies to keep and give but always make sure that you have plenty of copies for your file as well.

 Dates going this this far back it would be good to organize all his medical evidence and place in a binder two if you need them  its just always good to be well prepared (familiarize yourself with his claim)  try to think of everything dates and hospitalized dates/ dates of incidents from Nam

letters from his company commander DD-214 should show his vietnam service and what he did and all his medals and awards certifications ect,,ect,,  this will be used as evidence

show proof with medical rationale again the examiner may or may not have all this evidence...this is a big mistake a veteran makes at his C&P by not being well prepared. 

He needs to write a letter in detail about his service while in Vietnam  this is hard  to do for him but it needs to be done...he will be ask about stressors but maybe not if he was a combat infantryman  that would be detailed on his DD-21

 Remember medical evidence is best & any treatments he has had and his service records.

A lot of what you have mention here on hadit is very important...your brother should be Service Connected on a lot of contention so file on everyone of them.

I wish you you and your Brother the Best

 

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

Edited March 20, 2016 by Buck52

[VietnamVetSis]

Bless your heart Berta.   What a horrible situation for you - you are a strong woman to carry on and see everything through.   That speaks volumes.    My medical evidence shows my brother received hospitalization (suicide attempt/schizoid) in 78 and 82 through 83 at least.  I know it was longer but I cant retrieve any records from the Civilian (its actually the County loony bin) medical center.  He has never been seen/treated by the VA.   He will take a C&P exam -- I have stressed to him the importance of this and it is likely down the road.  I just got him a Vet ID card and have enrolled him in DEERS and of course he's got the eBenefits account going now.   He has Medicare A & B and Medicaid QMB (this pays for the A&B premiums) because of his below poverty level income.  He doesnt get enough money from SSA to even file taxes .

His health is not good.  Yesterday I was asking him if he remembered the date he deployed to Vietnam (yes - he was there 9 months before the booby trap explosion) - told him I was trying to figure out if he had any Agent Orange symptoms.  He told me he saw them spraying it .  So, though I wasn't aware of any Agent Orange symptoms before I started looking into this for the claim, I'm afraid he has more symptoms than not.   The main complaint is that he can't stand for long / weakness in legs but since he hasn't been examined I am afraid his physical symptoms run deep (in addition to his Neuropsychiatric disease).   

I was looking at the 21-8940 form for filing as suggested by Buck52 and Gastone, and I don't know what to put down as the day he became too disabled to work.  This is probably crucial to his claim.   Would it be the date he was wounded?   8 years later when he was diagnosed Schizophrenic?    4 years later when he rammed his truck into a Police Officer?   Schizophrenia comes and goes.   Of his total 19 yrs employment, he was unemployed for 7 years, and during 9 of the years his earnings were at or below poverty level.  Could you help me write the REMARKS section of the UI Form 21-8940 ?????