ptsd I need opinions and guidance on a PTSD claim.

[armyvet89]

First off thanks for your time. I got home from Iraq in 2010 and it was a seriously rough reintegration period. Home still doesn't feel like home to this day. I started seeking help at the VA in columbus ohio and was diagnosed with PTSD and depression. I started the prolonged exposure treatment and i almost want to say it made matters worse.  I feel like I lost my mind. Not long after i ended having to do inpatient treatment for substance abuse and I went and put a claim in for ptsd and my left knee injury that happened in country. Here's where my problem starts. When I was doing inpatient treatment my commander came down to check on me and told my medical panel that I was lying about my 1 of my stressors. This is completely FALSE. I no showed both C&Papa exams and my claim was denied. Will what my commander said ruin my claim if I resubmitted? I have proof that that specific incident happened but can't find a buddy willing you write a statement. He's suffering the same thing. I'm even being treated outside the VA by my pcp. Any advice and guidance will be appreciated. Thanks

[broncovet]

Your commanders statement is going to be a real tough hurdle, but not impossible.  

First, you need to make sure his statement found its way to your medical records/cfile.  To do that, order your cfile and see if its there.  It may/may not as VA is notorious for losing records.  This time, it may help you if they lost THAT record.  If its not there, proceed as if it did not exist, that is what VA does, when you dont have records documenting an incident.  Many Vets are suprised at what their cfile does contain.  You may be also, and even pleasantly so.  You wont know until you check.  

Still, unless your commander is a physician, he is not competent to opine on medical statements.  Only a doctor or medical professional can make a medical opinion that is competent.  

Was he a first hand "witness" that you did not have a stressor?  That is unlikely, so he "heard" this from someone else.  This means his testimony is "hearsay", albeit from your commander.  

Unless your commander's statement is "not" in your file, then you may consider "buddy" letters corroborating your statements, if any are available.  

If your PTSD stressor is from a MST incident, then this could blow up into a big deal where the commander is trying to cover stuff up.  This happens a lot in the military.  

Edited March 28, 2016 by broncovet

[broncovet]

By the way, you need to "start somewhere" and a friend of mine suggested you always make the move that leaves the most options.  So, if you have residuals from your knee injury, apply for THAT.  That will get you SC (maybe).  

According to VA, PTSD "must" be diagnosed by a VA/QTC physician.  Private physicians are not competent to diagnose PTSD, at least according to VA.  (I hope someone tests that in court, that sound like hogwash as VA physicians are trained in the same medical schools as private physicians.)  

[armyvet89]

I appreciate the advice. His evidence was hearsay at best but at the same time I did find the statement in my VA records but I've never requested a Cfile. I'll look. My problem is that I don't have a buddy to write me a statement. 1 guy died after the deployment and the other has fallen off the face of the earth. However the VA did diagnose me within a year of the deployment. I have a feeling that my original claim was denied because I didn't show up to the C&P exams. I have other issues going on now as well that will likely get denied unless I can link them to the ptsd and it's progression. It's been 5 years since I've been seen at the VA for mental health. Will that and the no show to the previous C&P exams get me denied again? I'm pretty new to all this stuff. 

[armyvet89]

Dot09,

That's the impression I got too. I want and need to do this but just don't know how much weight my commander's statement holds. If it's going to get denied right off then I don't see a point. He was quoted by a doctor in the doctor notes on my record but the records I have don't show anything goes official but it was mentioned in my denial. Is that bad or good?

[Tbird]

armyvet89 

broncovet and dot09 have given you good counsel here. file the claim it will only drive you crazy trying to read the tea leaves and figure out if they will approve it or not. if they don't grant it they will tell you why and from that if you have the evidence they seek you can perfect your appeal.

[broncovet]

Army Vet

   You posted, " I did find the statement in my VA records but I've never requested a Cfile. "

If you have not requested your Cfile, then none of our advice matters, because the first thing you do is request your cfile, and take actions on your claim based on what the C file says.  Without a cfile, you can not determine where to go.  Its like driving your car with a blindfold on.  

    I get it.  When I was a rookie, I did not want to order a cfile either.  Why that takes too long, so why cant people just give advice on what I posted?  Its because it does not matter what we think..what matters is what is documented in the Cfile.  If its not in the cfile, it did not happen, according to VA.  Skipping this crucial step of obtaining the Cfile will almost never get a good result, just like you probably wont get where you are going in your car blindfolded.  

    I got a copy of my RBA (RBA is same as Cfile, except its the official version when in appealate review) in 2012, and have been going over it for some time.  There are "jewels" in that RBA (cfile) that are helping to win my claim.  Let me just give ONE example of my mistake of not getting or reading my cfile (there are more).

    I tried to get service connection for sleep apnea due to weight gain and meds.  If I was smart, I would have looked in my 2007 medical exam which diagnosed sleep apnea and stated my sleep apnea was "the result of" (SC depression).  Boom.  There is the nexus I need.  I should have applied for sleep apnea secondary to depression.  NOOOOOOO.  I didnt bother to read it.  So, I kept fighting VA trying to connect sleep apnea to weight gain (and Im not SC for weight gain or obesity).  Dumb, dumb dumb.  (me).  Well Ive got a BVA denial, now, which states my sleep apnea has nothing to do with weight gain.  Now, my attorney will present evidence to the CAVC which I should have cited in 2007.   So, I have wasted 8 years and still not service connected for OSA, EVEN when the nexus is there in black and white.  

     Dont do it stupid, like I did.  Get that cfile, read it, and then manage your claim based on what that says, not what "I think" should happen.  Evidence wins cases while BS does not.  Mine was laziness.  I did not want to read 1400 pages of medical information.  Its the old 5P's.  Proper Preperation Prevents Poor Performance.  Well, I did not prepare well, I didnt even read the directions.  And, why should I wonder why things did not go the way I wanted them?  Dont make the mistake I made.  Get the cfile, and read it.  Save yourself 8 years of going without your benefits.