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New PTSD 40 years late

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tomahawk23

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Hello All;  Just filed my first VA Claim (PTSD). After 40 years of living with the symptoms, I finally saw VA mental health. Saw three two PhD and one MD. All indicated I was depressed and anxious, but none said PTSD one PhD said "symptoms commenly associated with combat trauma". Got fed up with the wait at the VA so I went outside saw a Phd worker then a MD Phsycirist. Diagonissed PTSD and Major Depressive Disorder with a GAF 50 and worsining. He even went so far as to fill out the DBQ. I was a Med-a-Vac pilot wiht multiple DFC's so my VSO said I did not need a stressor statement. My question is how does the VA view statements and notes from outside Doc's.and will the DBQ help or hinder my claim.

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If your PTSD claim was filed after July 2010, the VA will need a MH professional at VA to make the actual PTSD diagnosis.

If your stressor statements do not fall into the "fear of" and 'Close proximity to hostile activity ', as the New PTSD regs of 2010 require, then you will need proof of your stressor.

I was a Med-a-Vac pilot wiht multiple DFC's so my VSO said I did not need a stressor statement. "

I hope he is right. I sure disagree. What did your 5103 VCAA letter ask for?

VA usually only concedes stressor with the PH, CIB, or CAR on a DD 214.

I assume the statements above : 

 "Saw three two PhD and one MD. All indicated I was depressed and anxious, but none said PTSD one PhD said "symptoms commenly associated with combat trauma". 

did not result from a VA C & P exam for PTSD.

VA will set you for a PTSD C & P exam with a MH professional.(unless these were MH professionals....cannot tell if any of them were either psychiatrists or psychologists)

and if they diagnose you with PTSD , half that battle is won, then all they do to do is accept your stressor(s). I feel you might need to make a stressor statement.

Since claims take so long, now is the time to try to find any unit buddys or any proof whatsoever of the stressors you had as a med vac pilot.

I do not doubt at all that you saw a lot of disturbing stuff and if those DFC write ups reflect stressors ,such as close proximity to the enemy,  they would be excellent too as support for your claim.

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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This 2012 BVA decision shows what I mean...and why I was at odds with what your vet rep said:

"The Veteran's DD Form 214 shows that his military occupational specialty (MOS) was aviator and that his military decorations include the Combat Action Ribbon and the Purple Heart Medal.  The Combat Action Ribbon and the Purple Heart are conclusive evidence that the Veteran engaged in combat.  See VAOPGCPREC 12-99 (October 18, 1999).  He also received the Distinguished Flying Cross.  The Board notes that the Distinguished Flying Cross is awarded for both heroism and extraordinary achievement in aerial flight.  The Veteran contends that he flew in actual combat in Vietnam.  The Veteran's award of the Distinguished Flying Cross is strongly suggestive that the Veteran saw combat.

 

In the present case, the Veteran's alleged stressors are consistent with the circumstances, conditions and hardships of his service in Vietnam and there is no clear or convincing evidence to the contrary.  The Board accepts the Veteran's statements regarding his stressors as conclusive evidence to their actual occurrence and his personal exposure to the claimed stressors in combat.   

 

Thus, resolving reasonable doubt in the Veteran's favor, the Board finds that service connection for PTSD is warranted. 38 U.S.C.A. § 5107(b); 38 C.F.R. § 3.102.

 

 

ORDER

 

Entitlement to service connection for PTSD is granted.

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1205436.txt

 

The decision, like MANY at the BVA , support whenever I say “The VA cannot read.”

They couldn't even read this veteran's DD214 .

 

And this is why I ask if you have the CAR, CIB, or PH on your DD 214 or if the Citation for the DFC indicates 'fear of' and/or 'Close proximity to the enemy.' or any specific event that would be considered a stressor.

 

 

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta: Thanks you seem to have a lot of knowledge in this area. This is my 1st claim so I'm looking for all the help I can get.

1) while my VSO said I did not need a stresser statement (21-0781) because of the DFC, However, I did complete it and included  the actual orders which include statements like "came under heavy automatic weapons fire" and "with disregard for his own safety". So I think that should cover the in combat aspect.

2) my real concern how the VA views outside Diagnosis. My DX was done by a Board Certified Psychiatrist at my local community mental Health Center. I forwarded the VA all of his notes and (like I said earlier) He even completed the PTSD DBQ (21-0960P-3).

So my question is does anyone know what or how much weight the VA puts on outside diagnosis's?

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tomahawk23

VA don't like to use a Private Diagnose  but they may have to?  as I was told only VA can Diagnose PTSD...However that can be disputed with the private  Dr making the diagnoses making sure the private Dr has all of his/her credentials and use the VA Guidlines stated in the CFR's for the Diagnoses...

(just my personal opinion)

Some of this information in my post may have already been posted  but here's what I did for my PTSD Claim.

I filed my first PTSD Claim last year around 10-02 -15   After 45 years.

All I did was send in my VA Diagnose of PTSD DSM-5 Along with my STR'S & unit records I served with during my Vientnam days description of a couple stressors location and dates, with military unit records, DD-214 ON statement in support of claim form & statement from spouse about my behavior and how she put up with me all those years, and VA MyhealthyVet Notes from MH Dr's

I had filed a claim for Noise Indused Hearing loss back in 1998 was awared TDIU P&T (could not work because of it and lack of education)  took me 5 years to get that one, but the PTSD Claim only took 4 months  I was awared 70%PTSD.  &met the criteria for statutory SMS-S1.

but I don't think it makes any difference if a veteran already has a claim awarded or not?  the only thing about already having a claim awared  is the rating...like they did with me to boot me up to the SMC,Rates.

JUST Send in all your unit records and locations   to your stressor's  unless you have a CIB or awards or certificates/ribbons that you were awarded due to combat.

If you need some of your STR'S  send in SF 180 to NPRC in St Louis and request all the records they have on file for you  included your 201 file.  be sure and give them your SS# OR CLAIMS FILE #

JMO

.........Buck

 

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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" while my VSO said I did not need a stresser statement (21-0781) because of the DFC, However, I did complete it and included  the actual orders which include statements like "came under heavy automatic weapons fire" and "with disregard for his own safety". So I think that should cover the in combat aspect."

INDEED it certainly should.!!!!!

I would show it to the C & P examiner if I were you...but ....maybe he will see it in your file though...

Thanks for sharing the wording of the Citation. Fabulous! Thank You!

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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