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Need help on continuation of my PTSD claim

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MudHugger71

Question

Gonna try to make this short as possible. :smile:

I'm in need of pointer's on the " proper sequence or arm myself w/ the right ammo! THANK YOU!

1. My claim was FUBARD BY two VSO's. First VSO, she didn't fax the attachment. Second VSO seemed knowledgeable But, I figured out on my own that he uses old forms " which makes the VA people puke. In the end, he went narcissistic on me. Third one said, " too much paper work!

2. The POA said that she'll take care of my PTSD claim after I get the rest of my records from St. Louis.  (which I'll be getting really soon according to the NPRC). And what do u guys think about...that the 3rd VSO said " Too much paperwork ".

3. Since I've researching all this stuff now, I backed off my claim, I havn't done an appeal/ NOD.  Still trying to figure out the order/"best-sequence" of things to con't with this. DAMN! I love a good fight, but a super-soaker to a " gun fight " LOL.

Like toddt said-  " be your own advocate  - Get smart on things -  Use the heck out of this site, use other reference sites such as the Board of Veteran's Appeals site and get smart on what is needed to support your claim".

Most importantly. I APPRECIATE EVERYBODY'S help ON HERE!!!

 

 

 

 

 

 

Edited by MudHugger71
got rid of uploaded files
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The obvious problem is SC, to start off.  They are denying off of two different issues.  One is what is not in your service records or your SMRs., at least from what they say and the other is that they are claiming there is no record of the event listed as your stressor.    Do you have both of these and they missed them or do you not? 

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I'll put it to u this way...I hope the first VSO didn't FUBARD my claim beyond help.

1. "One is what is not in your service records or your SMRs"

- There's a document that I was made to fill out/incident report of some kind. Something so important and being threatened with Leavenworth, in lieu of protecting myself. You would think It's somewhere. Even tho the perpetrators were busted in quarters. Obviously, If i would have remembered the "exact form", it definitely would be easier to find. :blink:

2. "the other is that they are claiming there is no record of the event listed as your stressor. "

- The so called " official " VSO that faxed my claim didn't send the first stressor statement. aka lost it. Gave her another. Everything got fubard. Also why she didn't tell me to get " all " my records before filing?

- I wont go into too much detail, but the (narcissistic-woman)  really pissed off my other 1/2 on the phone. It was totally UN-called for put it that way.

- Anyways, trying to move forward. Just need some "really good IMO's/other vet's personal experiences.

Edited by MudHugger71
wording/ spelling issues
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I should be getting my records from st. Louis sometime next week. According to their records intake people etc. But now I'm a quandary about sending a reconsideration or a NOD. After three VSO's going awol on me, decided to go DIY route. I just gotta keep plugging away till I "edjumacate" myself in order to make things happen. Just need a few nudges here and there. THANKS. Appreciate everybody's help. It's worth gold to me.

 

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1 hour ago, TALON II FE said:

The obvious problem is SC, to start off.  They are denying off of two different issues.  One is what is not in your service records or your SMRs., at least from what they say and the other is that they are claiming there is no record of the event listed as your stressor.    Do you have both of these and they missed them or do you not? 

Just to let u know I'm new at this. So bare with me. :)

If u don't mind? leave me a message on here stating what time frame to catch you on here? sometime tomorrow afternoon. THANKS Brother!

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if there is anything in your service medical records related to the assault it could be useful in your claim. is the stressor document you refer to something you wrote up? if so, then you are going to need some way to connect it to service. perhaps there is a record with the mp's about the assault or a letter you wrote home talking about it and or someone you spoke to a friend, a doc, anyone that can vouch for you and the incident. PTSD has a pretty strict criteria for compensation, it must have happened in service and you must be able to prove your stressor. they will take buddy statements or letters from docs or chaplains and others you may have talked with.

you may also want to check out this article from VetWow about mst claims Winning a MST Claim there is also check out Chris Attig's article Advice for Veterans with Military Sexual Trauma Claims

also check out this article How to File a Well-Prepared MST Claim below is from this article regarding evidence:

Evidence
One way that MST claims are treated differently is the use of “alternative evidence.” In the past, evidence of sexual assault (service medical records (SMR), police reports, and rape-kits) was often "sanitized" (deleted) from military records. Or, evidence never existed in the first place because the victim did not come forward for fear of retaliation and/or reprisal. Because MST claims usually lack “traditional” evidence, a person filing for a service-connected condition, mental illness and/or a physical disability caused by MST can fill out VA Form 21-0781a. The information requested through this form can help you supply the evidence you will need to substantiate your claim. 

 

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I noticed they mention the STRs in the decision but did not list them as Evidence.That makes me wonder if the VA even attempted to get them.

I hope you also requested from NPRC your 201 inservice  (Personnel) files as they could contain something regarding the stressor.

You got great evidence above from others. Buddy statements can be powerful to co-oborate stressors.

Just about every unit has a web site on line and they often have re union rosters.

Also I found a buddy for a member here within a few minutes simply by googling his name, and then verifying his MOS with info from the google links as there were others with similar names who popped up in google search but he was easy to narrow down.

 

I did an article on Buddy Statements here available under a search....basically, it says  they must give the VA their contact info,

must have been in the same unit, time, and place as the stressor, and give as many details as they can. It also helps if they get their signature notarized.

A claim my daughter helped with years ago involved one of the buddies sending VA a letter on behalf of the claimant she helped, and he referred them to his 100% PTSD award letter , enclosing a copy of it, and said his PTSD was from the exact same incident that the vet she was helping, had claimed as stressor. The vet she helped did get his PTSD award.They found 3 more buddies too who all got SC for PTSD for the same incident.

(It was beyond the word 'incident' but I already rattled off those details here years ago.)

 

 

 

 

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