ptsd C&P exam package for ptsd

[berlin2010]

I just  received my c &p exam package for my appointment for ptsd due to mst.  Any advice for how to prepared for the appointment.  so nervous about the appointment. Also does this mean I half way done? I'm surprise I've gotten this far  with must my buddy letters and my statement.

 

 

 

Edited July 13, 2016 by berlin2010

[Berta]

Your claim will fall into the 2010 PTSD regulations. I just bumped them up.

[Osccore9]

Hello Berta,

What is the 2010 PTSD regulation?

[Berta]

http://community.hadit.com/topic/51579-new-post-july-13-2010-new-regs-ptsd/

 

The proposed regs and final regs state:

“We proposed to add a new

paragraph (3) to 38 CFR 3.304(f) to state that, if a stressor claimed

by a veteran is related to the veteran's fear of hostile military or

terrorist activity and a VA psychiatrist or psychologist or contract

equivalent confirms that the claimed stressor is adequate to support a

diagnosis of PTSD and that the veteran's symptoms are related to the

claimed stressor, in the absence of clear and convincing evidence to

the contrary, and provided the claimed stressor is consistent with the

places, types, and circumstances of the veteran's service, the

veteran's lay testimony alone may establish the occurrence of the

claimed in-service stressor. “

 

This was to help OIF OEF veterans who were also in close proximity to hostile fire, and in fear of it.

The diagnosis must come from a VA MH professional ( “a VA psychiatrist or psychologist or contract equivalent” (like QTC etc)

And must confirm the veteran’s symptoms are  related to the stressor event.

The veteran’s ‘place of stressor, type and circumstances of the stressor’ unless clearly erroneous info, will establish the stressor.

The VA will concede 99% of the time a stressor has occurred, if the vet has the PH, CIB, or the CIB on their DD 214.

These cases show how the new regulations work:

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files2/1615591.txt

In Part:

Respecting the remaining psychiatric disorder claim, to specifically include PTSD, the Veteran's Form DD-214 only confirms service in the Republic of Kuwait, as do the lay statements proved by fellow servicemembers, K.A.M., R.O.V., and F.J.M.  In contrast, a Joint Services Records Research Center (JSRRC) response in March 2009 placed the Veteran's unit at the Victory Base Complex (VBC) in Baghdad, Iraq, rather than at Camp Victory, Kuwait.  There were confirmed rocket attacks in December 2005 at VBC in Iraq noted by the JSRRC.  In light of this conflicting information, the Board finds that a remand is necessary in order for the AOJ to again attempt to verify the Veteran's service in Kuwait and the alleged service in Iraq as he has alleged in several lay statements."

 

"Notwithstanding, the Veteran indicated that his unit was deployed to Camp Victory, Kuwait, where his unit was in charge of that facility including performing morale-boosting activities.  The Veteran has asserted that, in order to acquire items for these activities, he and another servicemember were required to dress in civilian clothing and to go out to the marketplace in Kuwait City with only a single 9mm handgun for protection.  The Veteran reported that this was very stressful.  This activity was confirmed by fellow servicemember, R.O.V., who accompanied the Veteran into Kuwait City, as well as F.J.M., who stated that he was the commander who authorized these trips to Kuwait City while in charge of the Veteran's unit at Camp Victory in Kuwait.”

And

“Service connection for anxiety and depressive disorders is granted.”

 

The remand in part states:

“Schedule the Veteran for a VA examination with a psychiatrist or psychologist to determine whether any current psychiatric disorder (other than the already service-connected anxiety and depressive disorders), to include PTSD, are related to military service.  The claims file must be made available to and be reviewed by the examiner in conjunction with the examination. “

 

There was no question that this vet was service connectable for MH issues incurred in the Kuwait/Iraq theatre..you have to read the whole decision….

 

But he never got a PTSD C & P exam……

 

Other veterans are not so fortunate:

 

“In this case the Veteran has not shown that he engaged in personal combat with the enemy as he alleges.  The Veteran's account of having been present in Kuwait for the last documented missile attack in March 2003 is specifically refuted by his DD Form 214, which shows service in Kuwait did not begin until April 2003.  There is no documentary evidence the Veteran ever served on maritime security on any ship other than the USNS Gilliland, and no documentary evidence that while on the Gilliland the Veteran actually fired his weapon at anyone or that anyone fired at the ship.  Significantly, the Veteran provided a "buddy statement" in support of his claim for service connection for low back disability in which another veteran who served with him on the Gilliland asserted the work on the Gilliland was physically demanding and they both developed back pain, but the letter is silent in regard to any combat action aboard the Gilliland.  “

PTSD was denied but the remand includes finding if the veteran has any other psychiatric disorder attributable to his service.

 

In any case whereby a veteran claims PTSD, such as a Vietnam combat veteran, and not an OEF veteran, they will have ample opportunity to provide VA with a description of their stressor and VA will attempt to confirm the stressor via JSRRC.

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1200398.txt

 

I saw a BVA decision earlier for PTSD and wish I had saved the link.

The RO had denied the PTSD claim yet the vet had the VA diagnosis of PTSD and had the PH on his DD 214. Of course the BVA awarded. Those claims make me furious that we have to put up with such disgusting RO incompetence.

 

 

MST PTSD, Personal Assault PTSD and POW PTSD claims are handled differently than the above part of the July 2010 regulations.

 

 

 

 

 

 

Edited July 13, 2016 by Berta

[Osccore9]

Berta,

Thanks for the information. In your opinion, are these regulations more favorable for the vet? Also, how is PTSD due to MST and personal assault handled differently? Are the RO stricter during rating procedures?

[Berta]

Personal assault and MST claims can be searched here for how VA handles them.

"In your opinion, are these regulations more favorable for the vet?"

Yes and No.    They helped many Iraq,Kuwait, Afganistan veterans get a proper PTSD diagnosis and resolve of their claims faster than via the normal SOP. It was not difficult for most of them to be diagnosed by a VA MH professional with PTSD and prove they were in fear of hostile activity .

But a PTSD diagnosis MUST come from a VA MH provider.If you read the published regs in the Federal Register you will see that many vets, lawyers , vet reps, and surviving spouses like me griped aggressively over the VA diagnosis condition. A vet could have being seeing a shrink as esteemed as Sigmund freud for decades for PTSD but VA will not accept any non VA MH diagnosis of PTSD under these regulations.

It pisses me off because years ago I helped a vet who had a SSDI award for PTSD, and years of private med recs for it.I helped him file for TDIU right from the git go and he was awarded in a few months.

That vet today, even with years of MH PTSD treatment and a bonafide diagnosis from a non VA shrink, if he filed a claim now, would have to be diagnosed by a VA shrink, who may not even diagnose PTSD at all.

 

[berlin2010]

Quote

 

well, I hope I can get thru it.  I just going to be myself and tell the truth.