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Submit VA Form 21-0781 PTSD for Anxiety????

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MikeHunt

Question

Situation is, a private clinician wrote a statement connecting my service with anxiety disorder, not otherwise specified that DID include 'Traits' of PTSD and depression in that diagnosis.

eBenefits listed the aforementioned form as needed, eventhough I'm not claiming PTSD. Full tile: STATEMENT IN SUPPORT OF CLAIM FOR SERVICE CONNECTION FOR POST-TRAUMATIC STRESS DISORDER (PTSD)

I'm concerned as to why a PTSD form is required, and what's going to happen if I DO fill it out, and what if I DON'T- Context is, I'm deeply suspicious of the VA's development machine, and believe me, I have every right to be- Please don't ask.

The logic behind the clinician's connection was mostly on situations, not isolated events the form is asking for- Like "Servicemember Death", If that makes sense.

I don't want to go off topic, but they never actually sent a physical letter to me- two weeks later now, in other words, the only info I received was from eBenefits.

 

Thanks- I'm just not seeing justification for this form in references I can find in their M21-1 manual

 

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The private clinician saw what appeared to be some markers for PTSD...which is an anxiety disorder.

Regardless of what the diagnosis is ( VA will determine that at a C & P exam) PTSD and anxiety disorders need a service nexus , meaning an inservice  cause of the anxiety or PTSD.

If you are an OEF veteran, incountry, and/or have the PH, CAR, or CIB on your DD 214 the VA will usually concede a stressor.

All other PTSD claims (and anxiety NOS)  will need proof of a stressor event that caused the disability.

They want details on the form because this makes it easier for JSRRC to verify the stressor event.

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Not a good way to start off your SC hunt. If the VA asks for  particular form to be completed, do it. What have you got to lose.

Especially with MH issues, your not a Dr, if there's the slightest chance of a possible PTSD Rating, jump on it. Let the VA Rating Dept do it's thing. Even a low PTSD Rating, goes along way, down the road.

Review the 38 CFR 4 for rating PTSd and other MH issues.

Semper Fi

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Thank you- Yes, of course I should fill it out- Things like this give insight into the quality of my thinking nowadays. I do suppose if they see "PTSD" anywhere, they must develop for it.

Thanks for the link to the CFR.

Berta, thanks also, my LES's from the deployment have "Hostile Fire" pay included. Not sure if that allows them to concede stressors.

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Receipt of hostile fire pay, standing alone,  is not enough for VA to concede stressors.

This recent BVA decision shows what I mean....

 

In part:

 

"To date, no formal determination has been made as to whether the Veteran engaged in combat against the enemy. Service personnel records indicate his receipt of hostile fire pay for each month from July to December 1972 while serving as an electrician aboard the USS Gray in the waters proximate to Vietnam. The Veteran presents internet data as to historical accounts of others as to the activities of the USS Gray in an apparent effort to document its combat role and certain events which he describes as PTSD stressors. No research of these events has also been undertaken to date in terms of verifying the Veteran's involvement in any of the claimed incidents. These actions must be undertaken on remand."

also:

"If, however, it is determined that the veteran did not engage in combat, then his lay testimony, by itself, is insufficient to establish the alleged stressor(s). Instead the record must contain service records or other independent credible evidence to corroborate the veteran's account of inservice stressors. Dizolgio v. Brown, 9 Vet. App. 163, 16 (1996). In sum, if the claimed stressor is not combat-related, the veteran's lay testimony regarding inservice stressors is insufficient to establish the occurrence of the stressor and must be corroborated by credible supporting evidence. Cohen v. Brown, 10 Vet. App. 128, 142 (1997)."

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files1/1500246.txt

Unfortunately this is one of those cases like what I mentioned on our recent radio show whereby VA did not attempt to properly verify the veteran's stressors, or the veteran did not give them enough adequate details to do that....regarding the VCAA.

A remand is a Re do , for this veteran, for what could have been done sooner, and remands add much more time to a proper VA decision.

 

 

 

 

 

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  • HadIt.com Elder

If veteran Lay statements & has proper orders that place him in enemy territory within 10  days of the hostile enemy (AREA) territory and was in fear of his life (not actual combat) but just the fear for his life  such as Enemy sniper fire, in fear of road side bombs/traps/IED's ect,,ect,,  the veteran needs to prove with in service records/buddy statements, Commanding Officer letter,  this all could be  corroborated with JSRRC, but they do take in consideration the veterans where abouts   and the time and dates if the events.

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We have info here on Buddy Statements and what is and isnt a stressor for VA purposes, all available under a hadit search.These .links might help you.

http://community.hadit.com/topic/32787-definition-of-a/

 

Gee no wonder I could not find this faster…I forgot to put ‘stressor ‘after ‘a’ and will change that

 

 

This has buddy statement info:

http://community.hadit.com/topic/4270-third-party-witness-statements/

I think both stressor and buddy statement info is in this one:

 

http://community.hadit.com/topic/46586-what-is-a-stressor/

 

 

 

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