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VA Disability claim - Do I have a chance in hell Ch. 11

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Posted (edited)

BEFORE YOU READ THROUGH ALL MY BULLSHIT - I AM JUST LOOKING FOR OPINIONS ON IF YOU THINK I WILL BE SUCCESSFUL IN MY CLAIM - THERE IS NO DOCUMENTATION OF DISABILITY (Other than ADHD) OR TRAUMA/MENTAL HEALTH ISSUES Prior to enlistment.

So in a nutshell here is how shit went down.

Enlisted at 17 - unmedicated person with ADHD paying attention to detail well? (Anyone with ADD/ADHD know thats a xxxxxxx pipe dream)
Made it through basic - End of Blue phase viictory forge, get stress fractures.
Rolled back to another company, stress fractures worsen, and sent to PTRP -

Now during my time in service as you can imagine I was always xxxxxxx up. So had many people get physical with me, punch hit, shove, and generally torture me throughout training. I once had a full canteen slammed against my head from across the room due to my punishment keeping everyone up all night. Needless to say it wasn't fun. 

So Transfer to 1/87, and then over to PTRP. I didn't fit in well, and apparently I still had a knack for getting everyone punished. I got an ass whooping from a couple vets, and constant harrasment. Them xxxxxxx up my boots, uniform, bunk. Basically bullshit you'd think would come out of a highschooler. They were pissed at me, and they got back at me through physical violence and other ways. They made my life hell.

So all that bullshit aside, shit got unberable, I attempted suicide to get away from these fucks. Was diagnosed with Adjusted mood disorder with anxiety and depression.

*Note* I am not a successful contractor, and have been for the military since 2005 and have worked on hundreds of installations, as well as the Pentagon and CENTCom. I have always tried to make up for my lack of service in one way or another, and it still affects me to this day.


So let me get down to the skinny of things. When I got out, life sucked, I felt like a failure (BOTH parents had 10+ years of Army service and were NCO's). Dad thought I was a failure etc... So that sucked, then the hell they put me through I couldn't get off my mind and the shame and failure of letting my country down. 

Since I got out of the service I was always on anti-depression medication. I developed a drinking problem over the years, and shit got worse. I 2002-2007 shitty marriage that was affected by my drinking, depression, anxiety etc.. 2007 I spiral out of control emotionally Baker act here, probably about 8 or more times in the last 10 yeas.

So from early 2000's after my discharge until now I had multiple different problems diagnosed. The follow conditions I have medical records for: Chronic depression, Bi-polar disorder, axiety disorder with acute exacerbation, alchohol abuse, mood disorder. 

Lastly I was diagnosed in April of 2016 with PTSD after seeing a licensed mental health therapist. 


I had issues with staying employed due to anxiety, depression, anger issues.

 I have had multiple employment issues due to my drinking, anxeity, anger, deperssion. I have been able to keep it together for a while, I was very proficient technically, but I always seem to have a major issue after a year or two. 

I haven't held down a job for over 2 years since 2009. Though I made good money contracting, my skills are valuable, as well as my clearance so I could always jump from contract to contract, and make at least 6 figures in 6-8 months to support myself. I have records when I took short term disability for deperession, alcoholism/alcohol abuse. I have al the records from every baker act and evaluation from every pysch I saw I attached to my claim. So basically I have probaby 30 documents after my discharge that show I have had issus since the early 2000. 

I have provided them with my list of medications from my current doctor, and the combination of vyvance, trentillix, ativan, and sleeping pills seem to level me out. I have an article I also attached to the case that I wrote for a friend that wrote a paper while in FBI school in reference to mental health, and addiction. I also attached a response from my girlfriend (OIF 1 and 3 VET 70% disabled) with her persepctive for them to review. All in all I can function well medicated, but have had a SHIT TON of issues since leaving the service and reliving the hell those fucks put me through. Now I know this compares to NOTHING that others have gone through in reference to PTSD, some may view my issue as weak, but I did my best and I am still doing my best to service my country as a contractor. 



Something about getting the absolute shit beat out of you a couple times by some pissed off soldiers can cause you to be pretty angry and xxxxxx about things. Anyways..  So online in Ebenefits I filed for the following disability ratings. I am looking to see what the general opinion is on 
whether I may be able to get granted a disability compensation claim.

My Service Record Verification Letter says this and below are my pending disabilities. So What say you all smart people?
 

Branch of Service Entered Active Duty Discharged Character of Service
Army July 22, 1999 January 14, 2000 Honorable

(You may have additional periods of service not listed above.)


So does it all bode well for me or am I relatively xxxxxx?



 

Pending Disabilities

Disability Submitted Type Actions
Major Depression 08/30/2016 NEW  
Alcohol Abuse 08/30/2016 NEW  
Bipolar Disorder 08/30/2016 NEW  
Stress Disorder 08/30/2016 NEW  
Stress 08/30/2016 NEW  
Mental Disorder 08/30/2016 NEW  
Anxiety Condition 08/30/2016 NEW  
Personality Disorder 08/30/2016 NEW  
Post Traumatic Stress Disorder (ptsd) Personal Trauma - Mental Disorders 08/30/2016 NEW  
Stress Disorder 08/30/2016 NEW  
Unemployability 08/30/2016 NEW  
Mental Disorders (related To: Ptsd - Personal Trauma) 08/28/2016 NEW  
Anxiety Condition 08/28/2016 NEW  
Depression (related To: Ptsd - Personal Trauma) 08/28/2016 NEW  
Post Traumatic Stress Disorder (ptsd) Personal Trauma - Mental Disorders 08/28/2016 NEW  
Post Traumatic Stress Disorder (ptsd) Personal Trauma - Mental Disorders 08/28/2016 NEW  
Mental Disorder 08/28/2016 NEW  
Ptsd Personal Trauma 08/28/2016 NEW  
Unemployability 08/28/2016 NEW  
Post Traumatic Stress Disorder (ptsd) Combat - Mental Disorders (related To: Ptsd - Personal Trauma) 08/26/2016 NEW  
Anxiety Condition (related To: Non-ptsd Personal Trauma) 08/26/2016 NEW  
Major Depression (related To: Ptsd - Personal Trauma) 08/26/2016 NEW  
Depression (related To: Ptsd - Personal Trauma) 08/26/2016 NEW  
Mental Disorder (related To: Ptsd - Personal Trauma) 08/26/2016 NEW  
Ptsd Personal Trauma 08/26/2016 NEW  
Unemployability 08/26/2016 NEW  
Mental Disorders (related To: Ptsd - Personal Trauma) 08/26/2016 NEW  
Ptsd Personal Trauma 08/26/2016 NEW  














 

Edited by 75HotelCalifornia

6 answers to this question

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  • 0
Posted

Hmmmm, not sure, looks like your list of claims is overly redundant and repetitive.  But that could just be me.  The VA will only pay for 1(one) MH disability.  That's across the board.  Nobody gets 2. Now, all of those things will come into play into one main disability....PTSD, or MDD.  On this site you can look up the ratings chart, and it will show you where your various symptoms fall, and what rating percent they get.  For example, suicide ideation(SI) is in the 70% rating block.

Now, have you been getting treatment?  IF so, see if your therapist will write a nexus letter for you, stating what their professional opinion is and such.  Others here will have a better response for you.

Semper Fi

  • 0
Posted

The title of your topic states Ch. 11.

If you mean you received a Chapter 11 discharge ( OTH) , then VA will have to determine a 'Character of Discharge " finding, before they would even consider going forward with any type of service connection claim.

"Character of Discharge" can be searched here for more info.

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.

  • 0
  • Lead Moderator
Posted

I agree with Berta and Andy.  Its all about documentation, that is, evidence.  So, the question is, did you order your cfile, and is everything you stated docuemented?  If you have documentation of in service violence, along with current diagnosis, and a nexus, then your chances are good providing, as Berta says, you have the requisite discharge.  (The Caluza triangle of current diagnosis, in service event or aggravation, and nexus).  Do you have an honorable discharge?  There are discharges that mean you dont get benefits, UNLESS you succeed in a discharge upgrade.  

Did you seek medical treatment so there is a record of your in service violence, or did you report it?  VA loves documentation and no documentation mostly means no service connection.  

If you have the requisite discharge, and documentation of the big 3, then your chances are great if and only if you are willing to persist with appeals.  (Most claimants are denied the first time.)  

If you are lacking documentation, then you will need to get above documentation before benefits are granted.  

  • 0
Posted
15 hours ago, Andyman73 said:

Hmmmm, not sure, looks like your list of claims is overly redundant and repetitive.  But that could just be me.  The VA will only pay for 1(one) MH disability.  That's across the board.  Nobody gets 2. Now, all of those things will come into play into one main disability....PTSD, or MDD.  On this site you can look up the ratings chart, and it will show you where your various symptoms fall, and what rating percent they get.  For example, suicide ideation(SI) is in the 70% rating block.

Now, have you been getting treatment?  IF so, see if your therapist will write a nexus letter for you, stating what their professional opinion is and such.  Others here will have a better response for you.

Semper Fi

Yes I have been on antidepressants since I got out in 2000. I have been baker acted 8 times or more. I have requested all those medical records and am waiting on few to trickle in. I have been getting treatment recently but through out the last 15 years have had STD claims for mental health, assessments for substance abuse etc.. I am currently in treatment for substance abuse.

 

 

 

  • 0
Posted

Berta,
I didn't even think of the reference there to the chapter 11 discharge.

75HC,  Were you discharged under chapter 11?  If so, that will be a big obstacle until you can get your discharge upgraded.  Question, if your record  shows all the assaults to your person, physical, mental, and emotional, before your enlistment took a wrong turn, that certainly will play in your favor as it shows the effects on your disposition and changes to your personality.  That ch.11 could actually turn out to be damning evidence in your favor...but only if you have a deep and wide paper trail of treatment records from start to finish, leading up to your discharge.

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