ptsd MST Compensation Claim Question

[Michigander]

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.   

[Michigander]

@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.

[Buck52]

Michigander

Check out this link below

I think they will give you a EED the date you filed your ITF ''Intent to file'' if you disagree with that date and want to go back to when this MST first happen  your entitled to do that, but PLEASE NOTE: its a lot of Legal Law you will need to know to go this rout...this is why I recommend a EXPERIENCED MST ATTORNEY.  you pay nothing for the attorney if he/she is certified by the VA to Repersent you...they usually charge a 20% fee if they win your case and you get the rest of the $$  still a sizeable amount if they win it  and it can be won. just a big decision on your part  it don't effect your claim if you win but will take some time  so really you don't have anything to lose.but a big chance to win a lot of 6 figures easy $$$ depending on what they rate you?  it will go back to that date for the amount owed to you...if your rated 70% to 100% it will be the amount they rated you going back to the date this first occurred

could be more that a million $$$.

And yes if you have an Injury now that was due to your MST Assault you can file a secondary claim for that also...you need to get a Dr's opinion that it is likely as not due to your MST, or Related to the MST. that occurred on DATE#####

 If you never had that documented or had treatment for that  it maybe a little difficult to prove  but they do take your lay statements into consideration &  if the police reports have that you were injured that night/day and have problems years later  then you do have a valid case(There is no time limit on injury's that  occurred during your military service and can be claimed years later.

Read this link  it may help you understand this VA Cliam Maze a little better.

https://statesidelegal.org/how-file-well-prepared-mst-claim

[Buck52]

Personally if I was in your shoes (which I am glad I am not) but for what you had to go through and how its effective your life.....why not seek an attorney and get all you deserve. all though $$ won't heal your pain and memories but it certainly will make your life a lot easier to deal with from a financial perspective .

if you try to get this EED back to when this happen it should not affect your claim ,  if you win and get a rating  and they start paying you  the $$ you get between now and when you win this EED  they will just make adjustments and take out what they have paid you and  even then your EED will still be a large amount.

so something to think long and hard about.

Finding an MST Experienced Attorney should not be that hard to do  just google some and read there Resume!!

[Buck52]

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.??

[Buck52]

Here is what I do when I file my claims ( I have 4 claims)approved filed at different dates.  My chronic PTSD Claim I was in denail for years before I filed that  its just that I did not think I had A Mental Problem  until I could no longer take the pain and if I had not seek the help I so badly needed I would be DIVORCED today.

Anyway when I got all my records in and medical evidence from VA Dr's as well as Private Dr's (private IMO's) Independent medical opinion.

I got me a binder folder and organized it for the rater or C&P Examiner to read easily.

some of this example I will be referring to in part the MST for you.

 With paper claims I would make an Index and explain how it was to be used at the beginning or introductory.

for example after I said my lay statement  I would present my evidence in Number form...''On the pages of evidence''

My name and claim # on every page  usually at the right hand top part of the page  (claim # is usually your SS# for all intent and purposes.)

Do this and hi-lite the favorable parts to your claim(a Qualfied Dr's favorable opinion or examination ) or any favorable medical evidence  and police reports ect,,ect,,

See page 3 For Dr Smith Rational to my condition I am claiming.

or see page 5 for My Medical documentation concerning my claim

See page 7 For my police reports about MY MST That occurred on date####

ect,,,ect,,,

I have found if you organize your claim and make it easy for them to read  and understand  it helps  a great deal with the processing of claims.

A rater will deny a claim if its to confusing and not well organized more likely than if you have it organized.

 

please don't worry about his b/c you have a year to put your claim together  so just make sure you have all your medical evidence in as well as other probative evidence. I am just giving you a Heads-up.

[MKAH]

@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.

Michigander

You are so right "you think you can out run this".  My last specialized inpatient program was specifically designed and geared for Male MST veterans.  We had drill sergeants, Rangers, Tankers, Infantrymen, you name it...some hard core tough guys. The situation was the same for all of back in the early 80's. Admitting MST to your command would result in you being, labeled as GAY,  chapter'd out of the military,  dishonorably  discharged with a DD214 that permanently reflected your "homosexual conduct" and or psychological reasons.

I am shocked by the ignorance of people that I personally know, that have no idea how a person can have a family, a relatively stable job while being slowly eaten alive for the past 35 plus years with this terrible mental illness due to MST.  The only way to properly understand it, it to live it.... and of course I would never want anyone to go thru that...

I hope everyone gets the treatment they need to overcome this.  In my case, it keeps getting worse, the older I get.

 

 

 

 

Edited June 5, 2017 by MKAH