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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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hockeymom

PTSD/MST C&P Exam

Question

I have my first C&P exam for an appeal for PTSD/MST on 22 Aug 2017. I was just notified yesterday!  When I first applied for compensation I was denied and wasn't even granted a C&P exam. I was being followed by a VA social worker/therapist who diagnosed me with PTSD/MST and depression. She wrote a nexus letter stating that it was 50% more likely than not the PTSD/MST was due to military service. Even with this Nexus letter I was denied and not granted a C&P. The depression was denied as well. My service health record indicated I was seen for stomach problems due to stress at work. I just called the MST stress at work. I was given medication. I was diagnosed with IBS in my health record. I was shocked I wasn't granted a C&P for the PTSD/MST.I have hired Bosley and Bratch for my appeals. So my question is do you all have any advice for me going into this exam. Or, any other information you may feel is helpful. Thank you so much!

 

 

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Hi Hockeymom

The reviewer will not ask for a C&P if you dont meet specific steps along the way. 

If they do not see enough evidence to document the MST, they will not ask for the C&P. What evidence did you provide? If the notes you talked about in your service medical records didn't state anything about the event, then what else did you provide? Usually your detailed statement is one thing that would be lay evidence, which is evidence in its own right. But if that's all you have, it is a hard pull. Does anyone else know? Did you tell a family member, and did they give you a statement? Do you have any contacts with friends that you had back then that knew about this, that could give you a statement also? When there is nothing in your medical history, no reports of the event from law enforcement, and nothing else in your personnel record that would indicate any type of MST occurred,  you have to start putting together as much lay evidence as you can...that is statements of people you told about the event.

Stick with your legal team also, once they are on the case they should stay put. 

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Any chance you could post a redacted pdf of the Denial Letter? The Evidence Considered, as well as the Rater's discussion of the Denial Decissionwould be very helpful in understanding your Appeal prospects. Have you received a Statement of Case (SOC) yet?

As I recall, the VA Rater determines the veracity of an Inservice unreported MST Claim primarily by focusing on a List of Certain Historical "Markers," to include such things as noted personality and performance changes both in and out of Service.  Hadit member NavyNurse had a very informative MST/PTSD posting in 2016, give it a read.          Semper Fi

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