Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

PTSD's long term effects. Did you win a decision?

Rate this question


Cliche Magnet

Question

Have any of you seen psychologists/psychiatrists for years after service and had documentation related to an incident in service, but with no diagnosis in-service?  For instance did you get witness accounts and doctor's notes outside of service about a PTSD incident and then were able to connect this to service related conditions to get an award from the VA?

 

I ask because I am likely able to get witness accounts, and possibly even a witness account from my Commander who noted changed behavior, but otherwise stellar performance.  (I was selected for early promotion, but lost the board to another airmen..  CO and shop Chiefs noted severe stress/agitation too much anxiety during the board and at the time they shrugged it off but since I was well acquainted with everyone on the board they said afterwards that my behavior was markedly changed/out of character and had asked if something in life was causing problems)

 

Thank you for your help.

 

-cm

Link to comment
Share on other sites

5 answers to this question

Recommended Posts

  • 0
  • Lead Moderator

Maybe I can help.  The "CAluza triangle" necessary for service connection is, as follows:

1.  Current diagnosis.

2.  In service event or aggravation.

3.  Nexus, or link (medical) between these, above.  

 

You dont need a "diagnosis in service", but you do need an "in service event or aggravation".  With PTSD, this is called a "stessor".  

Please allow an example.  YOu served in wartime, and you watched a friend of yours burn to death from an IED bomb in his vehicle.  This is documented.  

After exit from service, you are diagnosed with PTSD (current diagnosis)

You had some documentation that you observed your friend burn to death.  (stressor, or in service event).  

You get a letter from your doctor which explains your sypotoms of PTSD are "at least as likely as not" due to watching your friend, helplessly, burn to death in service.  

YOu satisfied the Caluza critera and should get compensated for PTSD.  Your rating will be on symptoms, once service connected.  

Link to comment
Share on other sites

  • 0

Hey Bronco, thanks for the prompt and concise reply!

 

I've 'basically' got the 1 and 2, but I am having serious problems with 3.  " You get a letter from your doctor which explains your symptoms of PTSD are "at least as likely as not" due to watching your friend, helplessly, burn to death in service. "

 

I am being treated for this and many other issues, but absolutely none of my V.A. doctors seem to have the balls to write a letter as such as written above with clear intent for a V.A. claim.  "Duty to assist" is completely out the window and as a matter of fact the V.A. needs to just stop saying that shit if they aren't going to back it up.

 

But, enough bitching on my part.. do you have any idea how I can go about with #3?  I mean to say, is there a procedure or exam at the V.A. besides the ridiculous C&P exam where I can get a non-biased affirmation of item 3 above?

 

I'd really like to get the V.A. to pay for a nexus examination outside of the V.A. ensuring they can't pull any b.s. but I have no clue how to do so...

 

Thank you so much for your time.

 

-CM

 

 

 

 

 

Link to comment
Share on other sites

  • 0

Independent Medical Opinion preferably someone who specializes in mental health. Truly saddens me to even read about such an experience.  Good luck and best wishes.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

Link to comment
Share on other sites

  • 0
  • Lead Moderator

The first thing you need to do is order your medical records and see if a nexus statement already exists.  It may or may not.  If its not there, then, you can try asking your doc for a nexus.  If that does not work, then you can try an IME/IMO.  

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use