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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

Just my opinion

but I have no doubt Michigander will be given a Diagnose for Unspecific Depressive Disorders /Panic /Anxiety Attacts.

for this is why they will give her a PTSD Rating  and go by the symptoms she reports or the ones they discover she has while in treatment.

Also when given a Rating make sure they give you the best EED (Earliest Effective Date)...Most of the time they will go by the date first filed or the Intent to file date, but also this EED Could go back to the date the MST First accrued.

b/c it happen to you while you were in the military.

you can always Appeal if you don't like the rating or when they S.C. This.

Remember to file an NOD (notice of disagreement) you have to have a decision one way or the other approved or denied,  if you disagree with the VA Decision  you  should get the proper paper work within your decision  for Appeal.

you have 1 year to Appeal a decision after you recieve it in the mail.

I am not 100% sure on the information above about the EED? as to what date they can or will or suppose to go by?...first filed the claim? or the date the MST Took Place?

   So

I would seek an experience Attorney in MST Claims if you need to Appeal this EED...... but my point is do not let the VA Low-Ball you on your EED.  depending on your rating  it could be a substantial amount!

And also remember they rate on your symptoms and the severity of them.

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Buck52 - as always great info! I appreciate you!

Michigander- You are welcome - I could not get anyone at the VA to fill out the DBQ -

I paid for the IMO, when I read about the VA " development to deny" - simply - once I had the C&P exam ( that was crap- 15 mins) I was denied an increase ( this was due to the low rated MST claims in 2010) I got the IMO to document my situation by an outside source - now the VA has a harder time coming back and denying again... this may or may not be the best way to explain this or I may have misunderstood, he process but it worked for me. 

I felt like paying for the IMO ( since my case was initially rated at 50%) was a sure bet to keep my 70% once I got it. - I will never qualify for 100% PTSD criteria, this is my only issue.  I have Blood Pressure and Thyroid problems that could be related but I had to focus on this one thing.... I never filed for the others.

I guess the answer to your question is, I wanted to do it only once so thought it was worth the $ - I asked for specific things to be put into my report, which added up - yours could be less. I used Dr Vallett in Colorado. :)

Department of Justice- I had to pay in an attempt to find the family,( unable to locate - looks like they changed their names)  to file the paperwork for the DOJ. I selected Dale Yeager - retired FBI profiler - ( see youtube) a company called Seraph.net

     Worth every penny! I should know in August the status of blocking or .... not blocking.

THEN if they do not block it - I will have to spend about $2,000 to fly out for 4 days to San Luis Obispo where he is housed. Parole Hearing set for May 2018 - 

Not weary, as much as very Pissed at this point - Justice for me,the woman he murdered/family.

CA had an "elder prisoner" release program Lifers are getting out - Google it.... 

God Bless all. 

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On 6/1/2017 at 7:27 AM, Michigander said:

@MKAH  Thank you for your offer and show of support.  It's strange how you think you can out run this with family, career and just life just to find out when you finally slow down it hits you like a steal wall.  I just went for my MH eval at the VA this week and do see a civilian therapist, but do to finances I had to see what VA had to offer in terms of specialized therapy for MST.  We will see.

The VA does have many programs that focus on PTSD and PTSD from MST.   Last year I spent roughly 2.5 months at a VA hospital SIPU (only 10 patients in the program at a time) located in Roanoke Virginia. It was grueling difficult  work but was the best treatment I have had so far, but unfortunately I continue to have incapacitating anxiety, depression, OCD and SI from my MST.

Early last year I spent 10 days in a high security BICU unit located in California and 2 months in a regular PTST residential program  in Oregon.  Spent another 10 days in a high security BICU in Oregon as well.

Pre and post those hospitalizations, I am have been seen at behavioral health clinic where I see a variety of social workers, nurse practitioners and  clinical physiologists at least twice per month.  I am currently being treated via  tele medicine with a clinical physiologist which I feel very comfortable doing.

My advice is simple, do your very best to follow the instructions of your doctors / therapists, take you medicine as prescribed, don't miss appointments and work hard at getting better.  If something about your therapy is not working for you, politely tell them.  In my case, the VA staff have been very cooperative, supportive and interested in helping me get thru this.  I consider myself extremely fortunate to have great VA medical care.

 

If you need anything, just say the word.  You have plenty of helpful, kind people on this message board that will reach out and help you if you need it.  eg; T-Bird (in my case).

 

Good luck, keep working to get better.

 

 

 

 

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@Andyman73

Unfortunately, when I asked the supposed MST coordinator I was totally re-victimized.  Without going into details I left the office humiliated and belittled.  With my daughter's encouragement I ended up going to the Patient Advocates office and let them know to never send a MST victim to the rep. again...I thought I was tell them short and sweet and ended up going into a full blown panic attack meltdown...that was even worse.  The Pat. Adv. was horrified at my treatment and has vowed to make it right, however, that was her last week there before retiring.  I ran into the Pat. Avocate again while at the VA for my PT appt. and she stopped again in the hall and said although she was retired she hadn't forgotten me and was going to make sure I was taken care of.  Really don't know what she is referring too, but anyways that was my experience talking to the MST coordinator onsite at the VA hospital.

Edited by Michigander
to add @Andyman73
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@L I understand now why you got the IMO...makes sense. 

I have a few more questions I would like some feedback on...

@Buck52 Buck mentioned  "make sure they give you the best EED (Earliest Effective Date)"  When do they give you the EED date...is there a chance to challenge it or give your input before it's final when you say "make sure" or are you saying that once it's given you can dispute it (after the fact)?

Also, if it's the later and you do decide to get attorney and challenge the EED do you still get your monthly SC award while you file the dispute or does your original award remain during any months of dispute?

Lastly...this one is a bigger question that although it's hard to put this out there I have to in order to get some questions answered.  Ever since my assault I have had problems with my left shoulder as it was injured during the assault.  I never have mentioned it to any doctor all these years and have just suffered on and off with the pain.  About 8 weeks ago something changed with my shoulder condition ...probably now that I am 51 things are just breaking down, but my should has gone to hell and has frozen and given me excruciating pain and I had no other choice then to get it imaged.  I went to the VA and they said there were signs of damage and I needed physical therapy.  The PT asked if I had injured it and I said no and had no idea how it happened.  I have balance problems and so I then said I could have jarred it while getting my balance, but this is because of a lifetime of avoiding telling the truth about anything related to my assault.  I did end up telling him it has hurt me on and off for years (although he did not note that in my medical record).  I also went and got a MRI outside of the VA and told them I had fallen and that's how I hurt it.  It's in my report I had fallen.  As I was thinking about this whole claim process I realized I am only hurting myself by lying, but it has become second nature to cover up things.  If I was truthful my answer to the PT guy would have been when asked if I had injured it recently or ever injured?  The truth would be...  Yes, I was assaulted 30 years ago and during the attack I was violently thrown so hard into a wall I tried to block myself from hitting the wall with my head..so with both arms stretched out in front of me to stop the impact I was so forcefully attacked that my right had went through the wall and busted through the sheetrock and my left arm didn't go through the wall so it caused a huge recoil back into my left shoulder (my left should is the injured one).  That is hard to say to anyone and that is why I don't talk about it.  It is in my police report that victom's right had went through the wall included in the crime scene photos on file (which I do not have copies of the pictures of the crime seen...only the report).  It says right hand not left shoulder...but you can see by my explanation why my left shoulder took the brunt of the impact.  So here is my question.  Should I try to file my MST claim and also include my shoulder injury with all that I have said above is there a chance to it would be approved and based on what criteria if it was??  Who would be the person to write that statement "it's more likely than not the shoulder injury was caused by the MST event?...Would it need to come from a civilian or VA person ...would it be a PT or doctor or psychologist who would write that statement?  Would the fact that I have said it was caused by other things other than my assault wipe out the chance of getting it SC?? 

Thanks in advance for your feedback.

God bless!

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