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]

PS - I might say the only reason he had a Physical in 08 is because he went to renew his drivers license and his eyes were so bad they declined it.   So he went for an eye exam and he needed cataract surgery.  They wouldn't do the surgery without a physical exam first . . .    Self neglect --- no dentist no doctors other than what I've mentioned.   Personal hygiene non-existent.  Doesn't bathe, doesn't wash clothes or sheets . . . really revolting to anyone who encounters him.

[Buck52]

Your last statement should warrant him a 100 plus service connected rating for PTSD.

However it needs to come from a VA Dr. to state ''its likely as not this veterans disabilities is due from his past military service and his service while in Vietnam''.

Just make sure to file on everything he may have got while in the military AGENT ORANGE, any injuries due to combat or other during his military service   these all need to be filed on .

Aso very important is getting his EED (Earliest Effective Date) Correct  this stands to be a very large amount of retro payments.

Medical Records and dates will help you prove this.

JMO (just my opinion)

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

Edited March 20, 2016 by Buck52

[VietnamVetSis]

Buck52-

No NOD was ever filed.   He submitted a statement for the claim about his incident - about 3 sentences.   He won't talk about it and I noted that in a post script on the statement form to the VA.   On the Unemployment Form - what date do you think I should use as the Date he became Too Disabled to Work?  They ask for the last 5 year history of employment - (I don't even have those 1984-88) and unfortunately his salary peaked in 1986, but again earnings were below poverty level in 87 and finally quit altogether in 1988.  Over 19 years employment, he averaged $690 a month.   So majority of earnings were MARGINAL as defined by VA.  

[Berta]

He might have peripheral neuropathy, or Peripheral arterial disease, or even have eye problems,all due to the diabetes mellitus...if he has DMII.

 

I think you might need to consider obtaining an IMO/IME and the IMO doc will need all available medical records.

You mentioned his driver's license. Part of my evidence for undiagnosed DMII was my husband's drivers license, 20/20 without glasses on his employment physical, which abruptly changed the next deer season. He had bagged the first deer in the county the year before without a scope, but after I drove 7 deer out to him ,the following year ,he could not even take one shot by then with a new Mossberg that he put a scope on.

His next VA eye exam was abnormal ,as well as something  a VA dentist noted in his records (his teeth were in great condition, it was something else, plaques of white inside his cheeks. )I proved to the VA  that this was oral candidiasis, caused by high glucose levels, so high that they spilled into his saliva. There was a formal diagnosis of the candidiasis a few years later when he had a stroke and instead of treating the cause of that they gave him a med called Swish and swallow to rinse his mouth with. I had to study this med to find that it was for the candidiasis, and research that the candidiasis was from the diabetes.

I had considerable evidence before I hired Dr. Craig C Bash to prepare an IMO for the DMII claim.

I prepared an extensive cover letter referring him directly to specific records that supported the misdiagnosed DMII.I also had a 2 sentence freebee IMO from one of the VA neuros who treated my husband....his diagnosis of DM had been crossed out by one of the other docs, but I knew what it said.

There were considerable symptoms my husband had but also the Glucose values had changed too, as to what is considered diabetes these days. The World Health Organization changed them....I forget when.... VA tried to use that fact against me. It didn't work.

Unless you have a strong medical background I suggest you start to think in terms of potentially needing an IMO doctor.

They are expensive.

 

 

.

 

[Gastone]

Berta discussed being premature in Signing with VA Attorney, I totally agree. Again just from my cursory read, does your Brother have any current SC Award, for anything? Does he currently receive VA Compensation or Pension Benefits?

The old PTSD claim was never Appealed, right? If not, I think that's dead and buried. I kind of get the impression that your brother or someone else filed the old claims, but never followed up with the needed and requested Service and Civilian records to support his claims. Then failed to Appeal the Denial Decisions, not unusual for Nam Vets back then.

As to your Bro's Bank Account, I've had to deal with possible VA Fiduciary appointments with a couple different Vet's. Check with the Bank, you can be his POA on the account without it being listed as your Joint account. VA Fiduciary gets appointed, that account goes on Lock-Down and can only be used by the Fiduciary on your Bro's behalf, at the Fiduciaries Discretion, not good.

As long as your Bro agrees and you can pass the VA Fiduciary Appointment Credit & background check, you may be able to get appointed.

Are you currently on record with the VA as to having your Bro's POA (Power of Attorney), are you using a VSO (Veterans Service Organization, VFW, DAV, etc)?

Semper Fi

[VietnamVetSis]

I'll look into the matter with the bank account - thank you.  No compensation benefits - no disability - no pension - no nothing.   Claim was filed in 82 on his behalf by my father.   Denied PTSD and Nervous Condition.   Never appealed.  Never filed NOD.   My father used DAV VSO.   The only documents the VA received was the 1978 diagnosis from hospital of Schizophrenia which describes in detail his suicide attempt and hullucinations, and my brother's dictated statement describing his injury (grenade booby trap) and claiming service connection for "nervous condition that may be related to PTSD".  Yes, I'm on record with the VA with my POA as well as Designated Representative - both submitted with this new claim.   No I'm not using a VSO.