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MST Compensation Claim Question

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Michigander

Question

Hi,

I am a victim of MST.  I have a police report in graphic detail of the assault while I was serving active duty in the Army.  The events (more than one) occurred 30 years ago, however, the images replay in my mind daily and to this day.  I somehow managed to get through life and was married once and have three children.  I have suffered internally (mentally) for years and have had a multitude of health problems including panic attacks and anxiety.  I want to file for compensation, but also to get the mental help I know need through the VA I understand it there for me...if I can finally get myself to be able to talk about it with a counselor.  I worked full time my entire life (now age 51) but was approved for SSD disability (civilian) for other medical conditions 3 years ago.  When reading some of the blogs proving my MST is not a problem as I have the police report, however, how or what do they need to prove my suffering of panic attacks and PTSD to access if my life has been affected by the MST for compensation purposes.  I have hid the MST events my entire life and even though I have taken anxiety medication on and off and even have seen a few counselors over the years I rarely talked about the MST and focused my sessions on other issues I think mostly so I didn't have to relive the events by talking about them.  So again I am wondering if the proof is there for the MST what proof is needed that it had impaired my life in such a way that compensation would be awarded.  I am not trying to find out how I can manipulate the system, but rather so that I can get an idea before putting myself through all the trauma of going through the application process if there is clearly no way I will even be awarded a disability rating if for example I do not have a trail of doctor's or psychiatry sessions stating I was talking about these events etc. to proved it has affected my life negatively.   

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  • HadIt.com Elder

I agree with ya Michigander!!!

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On 6/4/2017 at 9:29 PM, Buck52 said:

I forgot to mention  if you do file on this shoulder injury  please file on it when you file for the PTSD Due to aggravated sexual assault other wise known as MST. there will be a place for ''other claim condition/contentions.

FILE on everything all at once  because if you wait to file another claim and you have this MST Claim pending  it could slow your claims process way down and could take years to decide.

so try to remember  about that bad horrible night if you had any other injury's beside your Shoulder/mental...Any Back Problems since this happen?leg injury? or if this caused you to have to have loss of use of a creative organ..Hysterectomy? any other female medical problems.?

please file on these....you may be denied on some of them but you can disagree with any decision they make..but this starts your EED  the same on all these claims.

if you have e benefits its better/faster to file your claim's electronically.

vs filing paper claims and via snail mail  with return receipts fOR every thing you send the VA. From the Post Office.

Please note this is only my suggestions and my Opinion  a CREDIBLE ATTORNEY may think different.??

 

On 6/4/2017 at 6:40 PM, Michigander said:

@tsphamwi Hi,  since I haven't filed my MST claim yet and havnt been in this forum long enough to answer, but hopefully you will get some feedback on here soon.  It does sound like you have to extremely incapacitated to get the 70-100 range and even when I filled out the MH eval last week it didn't look to me I will SC in the high percentage ( ..I guess it would be easy to exaggerate on that eval but again I just wanted to be honest with my claim and most my symptoms didn't seem to fall in the upper ranges of severity...there were some but a lot did not ).  I think there may be a part of me in denial but it is what it is   It doesn't seem like there is a whole Lotta people on here with MST experience but there are some so I will be watching for any replies you get .   Do you mind sharing what steps you took when you filed.   Did you wait and get mental health therapy for a number of months before filing, did you file on your own or with MST coordinator or VSO?  Did you have an attorney or did you just do the paperwork on your own?  Did you have a DBQ with your claim paperwork?   It also sounds like you had a C&p exam pretty quickly after filing.   Do you mind sharing how long your C&p exam lasted?  The CP exam seems like the worst part of filing. Anyways I hope the best for you it does seems to me you would get in the higher SC ratings based on the CP comments but you can always appeal it if you don't agree.

Hey @Michigander I agree with you as well. I did have some session but it made my issue worse and I get so bummed out that i sometimes forget to go to my app. I had Marine core league help me with my claim which not to much help I did all the leg work they just submitted the claim. I filed back in Jan. of this year and had both my exams that i was claiming done. As of today my progress is at the decision phase which I am assuming may change. I have read threw alot of these topics which in some case outcome were great and some not so great. I agree with you not to call people out but i think some veterans are capable of exaggerating their claim. I can see how claims can be very stressful. I think because everyone expects the rater to be fair and accurate. I am hoping to get 70% or even 50% but the as i can see the va is known to low ball even with some cases they were able to rate correctly I guess it is just the rater and how they came to their determination. Good luck and hope you get a good out come. I will post as soon as i get a rating. thanks again here is a copy of my exam as others can give me some feed back thanks 

TAI PW.pdf

Edited by tsphamwi
upload exam results
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Here are the notes that were posted online from my VA MH Eval last week.  Although it is difficult to share it is anonymous and it does not include details about the assault.  I would like some feedback on the notes as it relates to a MST/PTSD claim.  I was 100 honest in my eval and as my eval reflects "no" is checked for a number of my symptoms and not sure if I will be excluded for PTSD based on not having a number of the symptoms form the eval.  I read somewhere you had to have certain symptoms from a number of categories or you do not qualify for the dx or for a claim?

Also, I am a bit confused about the dx at the very bottom for "PTSD provisional"....what does the "provisional" mean??  Also, when you are looking at the the list of diagnosis at the top of my chart online there is no dx added for PTSD from the Psych. provider.  The dx added from my eval states MMD (non active)...or something like that (I already forgot what it said exactly), but no listing of PTSD as a dx in my "problem list" even though I read my eval at the bottom as stating a dx of PTSD (provisional).

Eval notes below:

PTSD SYMPTOMS:

YES Intrusions

YES Avoided thinking about or talking about the event

YES Avoided activities, places, or people

NO Trouble recalling some of what happened

NO Less interested in hobbies or social activities

YES Felt detached or estranged from others

NO Noticed that feelings are numbed

YES Had difficulty sleeping Page 31 of 113

NO Had irritable behavior or have outbursts of anger

YES Had difficulty concentrating

YES Been nervous or constantly on guard

YES Been easily startled

NO Had negative expectations about self, others, or the world

YES Recurrent blame of self or others for the cause or consequences of the trauma

YES Recurrent negative emotional states (fear, horror, anger, guilt, shame)

NO Engaged in reckless or self-destructive behavior Symptoms have caused significant impairment

Comments: Veteran described frequent intrusive memories "all the time" as well as physical reactivity to reminders such as tightening sensation in her throat (which cues additional reactions), noises in the house at night, and seeing knives on the counter.

OTHER PSYCHIATRIC CONDITIONS PER THE MINI: YES Major Depressive Episode NO Suicidality NO Manic/Hypomanic Symptoms YES Panic Disorder YES Social Phobia NO Obsessive-Compulsive Disorder NO Alcohol Abuse/Dependence NO Other Substance Abuse/Dependence NO Psychotic Symptoms r/o Generalized Anxiety Disorder r/o Eating disorder/Body Image Related Disorder NO Antisocial Personality Disorder Comments: Veteran endorsed a history of depressive episodes, but denied current depressed mood. She described limited pleasurable activities, but attributed this largely to her physical condition. She denied meeting criteria for a current depressive episode, despite appearing quite depressed (in addition to her anxiety). She endorsed history of suicidal ideation only twice, while taking antidepressant medication and no history of attempts or other suicidal behaviors. Veteran endorsed symptoms of panic disorder (including uncued panic) as well as social phobia, which has worsened considerably with her physical health concerns. GAD and Eating disorder were not fully assessed due to time limitations. Veteran did make several spontaneous statements suggesting that these areas merit additional follow up. PLEASE NOTE THAT PAST PSYCHIATRIC HISTORY, SUBSTANCE USE HISTORY, MEDICAL HISTORY, MEDICATIONS, ALLERGIES, AND FAMILY HISTORY ARE ALL INCLUDED IN THE MEDICATION PROVIDER'S INITIAL NOTE. SO, CONFIDENTIAL Page 32 of 113 PLEASE SEE THAT NOTE FOR ADDITIONAL INFORMATION.

MENTAL STATUS EXAMINATION: Appearance: Appropriately dressed and groomed Speech: Normal rate, rhythm, intonation Mood: Anxious and depressed Affect: Broad, at times tearful Thought Process: Largely linear and organized

Delusions: No If yes, what: Hallucinations: No If yes, what: Suicidal or homicidal ideation: No If yes, what: Orientation: x3 Insight: Good Judgment: Good Comments: _____________________________________________________________________ ADDITIONAL INFORMATION _____________________________________________________________________ FAMILY: The patient considers his relationship with his/her family to be: - Good PEER GROUP: The patient describes their peer group as being: - No significant peer group and does not want any. SUPPORT SYSTEM: Yes The patient feels that they have a support system. FAMILY/FRIEND INVOLVEMENT IN TREATMENT: No The patient wants someone else involved in their treatment. LIVING ARRANGEMENT: The patient is currently staying at: - Other: Condo The patient: - Owns the place where they are staying Yes The patient's living situation is stable. The patient lives with: (Can be more than one option) - With child or children RELIGIOUS/SPIRITUALITY SCREEN RESULTS: The patient reports spiritual beliefs that help in their life. The patient reports a belief in a higher power. Yes Patient calls higher power: God The patient reports belonging to a church, temple, or other organization  Page 33 of 113 as part of their spiritual practices. No The patient reports the following religious affiliation: The patient reports religious practices or spiritual concerns that they want the chaplain, physician, and other health care team members to immediately know about. No Comments: The patient reports a desire to speak with chaplain se rvices for further a further spirituality assessment and/or spirituality related services. No (If yes, please send a consult to chaplain services) EDUCATIONAL SCREEN: Barriers to learning Patient denies barriers to learning. Learning Preferences One to one verbal discussion Printed material PAIN SCREEN RESULTS: The patient reports having pain issues. Pain rating on a scale of 0 to 10: 4 Description of pain: Sharp, Dull, Burning, Throbbing Does the patient indicate that pain is a problem or does the clinician see evidence of impaired functioning due to pain? No Is the patient involved in the Pain Clinic or is their pain being treated by their PCP? No NOTE: If yes, please attach Pain Clinic provider and/or PCP as an additional signer on this note. NUTRITION SCREEN: The patient screen negatively for nutritional problems. RECREATION/LEISURE ASSESSMENT: List of things that the patient enjoys doing (or has enjoyed): Please include at least 5. cook, watch TV, read CULTURAL SCREEN: The patient identifies with the following ethnic group(s): Caucasian No The patient anticipates that their culture will affect treatment.  Page 34 of 113 SEXUAL ORIENTATION: The patient's sexual orientation is: - Heterosexual No The patient anticipates that their sexuality will affect treatment. ABUSE HISTORY: Yes History of emotional abuse? No History of physical abuse? No History of sexual abuse? No Abuse in current living situation? No Abuse by partner in past year? ABUSE TOWARDS OTHERS: No History of emotional abuse towards others? No History of physical abuse towards others? No History of sexual abuse towards others? No Abuse of partner in the past year? No Abuse of anyone (non-partner) in the past year? PAINFUL LOSSES: No In the past 6 months, the patient has experienced a painful loss in their life, such as the death of a loved one, a divorce, a loss of a job, or any other significant loss or change. FINANCIAL SITUATION: The patient's present financial situation is: - Able to make ends meet. DEVELOPMENTAL HISTORY: Description of childhood: - Fair As a child, the patient's parents were: - Divorced Yes The patient has siblings. Yes The patient had difficulties in school. The difficulties were: Retained in 3rd grade Yes The patient made friends easily as a child. PSYCHIATRIC ADVANCE DIRECTIVE: Does the patient have a psychiatric advance directive? - No, the patient does not have one. * And the veteran is not interested in completing a Psychiatric Advance Directive at this time. RISK ASSESSMENT _______________________________________________________________________ SUICIDAL IDEATION - Patient denies passive or active suicidal ideation. SUICIDAL INTENT - The patient denies suicidal intent. SUICIDAL PLAN -Patient has a plan to commit suicide: No Describe: -Patient has access to lethal means to commit suicide:  Page 35 of 113 N/A as Veteran does not have a plan to commit suicide Describe: -Patient has the ability to carry out their plan to commit suicide: N/A as Veteran does not have a plan to commit suicide Describe: _______________________________________________________________________ RISK FACTORS - The patient has a psychiatric diagnosis. - The patient feels like they are a burden to others. - The patient is experiencing chronic pain. ______________________________________________________________________ PROTECTIVE FACTORS - The patient has no prior suicide attempts. - The patient has a social support system. - The patient has cultural beliefs that prohibit suicide. - The patient is presently not using alcohol or drugs. - The patient is willing to work with staff and family regarding safety plans. _______________________________________________________________________

GLOBAL ASSESSMENT OF RISK AND COLLABORATIVE CARE PLAN Check risk level and specify additional actions taken if indicated: OUTPATIENT USE ONLY - LOW RISK - Patient was provided with local crisis numbers and procedures, as well as the National VA Crisis hotline number. Yes CASE CONCEPTUALIZATION: is a 51 year old veteran with history of MST (including rape and sexual harassment). She presents with significant symptoms of anxiety, panic attacks, trauma related intrusions, and somatic symptoms that intersect with her mental health.

DSM-5 Diagnosis: PTSD (provisional)

MDD, in partial remission, recurrent

r/o GAD STRENGTHS AND LIMITATIONS: Strengths: Family support History of treatment compliance Limitations: RECOMMENDED TREATMENT PLAN Based on the current evaluation, diagnoses, and patient treatment history,  Page 36 of 113 PTSD Clinical Team offers the following recommendations for psychiatric treatment: Veteran agreed to additional assessment (CAPS and additional diagnostic interview) with this clinician.

 

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It seems that C & P is inconclusive---was there anymore to it????

Others might have a different take on it all.......

 

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@Berta  Hi,

This was not a C & P it was just my first MH eval at the VA.  I am just now getting help at the VA for mental health therapy.  I have opened an "Intent to file" and have a police report, but I am only now getting evaluated for a diagnosis and treatment plan.  My questions were just to see if it looked like my symptoms in the mental health eval were going to give me a diagnosis sufficient for my PTSD/MST claim.  I need therapy no matter what, but as mentioned I am filing for a claim too.

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