PTSD from MST

[babs1979]

I was assaulted while overseas in a guard tower. The guy ended up having to leave country. I started my claim and Mental Health Appointments. I'm at the "gathering evidence" stage. I was diagnosed with PTSD from a VA provider and prescribed medication during this stage. I already had my C&P appointment in which I absolutely hated. The lady was not apathetic at all and very cold. I didn't feel comfortable opening up to her. My question is, Can I add my diagnosis from the VA of PTSD to "gathering evidence"? Can I print the encounter notes from myhealthyvet and add it on there? Or will they pull my va records?

 

[broncovet]

Good questions!  

    When you applied for benefits, you likely signed a "consent form" for VA to "pull your records".  However, this does not guarantee, they will "pull your records", they may or may not "miss records" you have.  

So, if you have evidence you find "compelling", there is nothing wrong with you submitting that also.   If VA already has it, you have lost "nothing", but if they dont have it, you may have just saved yourself a lot of time, so there is no downside to submitting those records you find support your position.  

     I think you should try to "get your hands" on that C and P exam.  A c and p exam is not the best time to not want to tell the examiner all about your disabilities and expect benefits.   While I can understand there are things we dont want to talk about, the bottom line is these things need to be documented IF you want benefits.  The examiner wont read your mind.  

     If it were me, this is what I would do.  

     Again, I would try everything possible to get my hands on a copy of this exam report.  To do this, go to your VAMC's "release of information" office and request it.  There is a fair chance they will hand it to you right there.  Then read the exam and see what, if any, of your symptoms are missing.  

     You see, once service connected, you get a percentage rating based on your symptoms.  And I will take the bold step to assume you will be SC since you have a VA diagnosis of PTSD (hopefully that is documented.  If not its back to point zero).  You also need to get your hands on your cfile and see what the rest of your records document.  

     Remember, if its not "documented" in your file, it never happened.  Remember that simple rule.  Its all about documentation, and you have to check it to see if its correct and complete.  If not, expect a denial or lowball rating, at best.  

     Yes, you can "add your diagnosis from the VA of PTSD", and you may want to do just that, for reasons I stated above.  

    

[broncovet]

If that c and p exam is "bad" then you probably want to fix that ASAP, rather than spend 4 years in appeals, and IMO's to fix it.  Get your hands on it and read it, and, if its bad, then post about it, and we will try to help you from there.  

[babs1979]

Thank you so much for the info. My C&P exam was through QTC so the VA said they cannot get a copy for me. They said the regional office can get it but it will take a long time because they need to scrub it and go through hoops before I can get a copy. They said it would delay my claim to years. I told them I have added more documents and they said that they will add it to the final decision. They are set to make a final decision next month. I have VA Medical documents with Adult victim of sexual abuse during military service (SCT 718495005), Chronic post-traumatic stress disorder (SCT 313182004), Generalized anxiety disorder (SCT 21897009), Mild alcohol dependence (SCT 713583005), Severe major depression with psychotic features (SCT 73867007), and Sleep disorder (SCT 39898005) from my Mental Health provider. This is the documents I submitted. I have my statement and my hubsand's statement as well. I'm hoping this will help. I wish there was a way to get a hold of the c&p exam without it effecting my claim.

[broncovet]

Tatoo this on your arm, if necessary, to remember it:

Quote

You can not always trust what a VA employee or VSO tells you.  

If in doubt, see the quote above.  

Frankly, Im very upset they resorted to "cheap shots" to get you to "NOT" seek information/evidence critical to your claim.  "It will delay your decision"...that lie is a cheap shot, because "everything" delays your decision.  The Backlog delays your decsion.  Your VSO delays your decision.  The new VASEC delays the decsion.  Hurrricane Irma delays your decision.  Why hadit moderators, delay your decision, right?  No.  VA incompentence, corruption, laziness, and bad attitudes delay your decision!!  

When VA says, "They are set to make a final decision next month"..that is probably a lie, also.  

I have an email where VA promised me a decision "within 6 weeks" on my TDIU claim..that was in 2004.  I got the decision in 2009, and they decided it was moot.  I appealed, and the BVA judge agreed with me that it was "not moot".  Finally, I got a real decision..in August, 2017...thirteen years after they told me it would be six weeks.  

What to do:

    Go to your C and P examiner office.  "Ask" for a copy of the exam.  Then, if no result, go to your "release of information" office at your VAMC.  

Always remember:  VA is not a unified body, and when one employee tells you no, go back the next day and the next person will likely say yes.  

 

[babs]

 

I went to the Regional Office and got a copy of my last C&P exam. This was before I submitted my diagnosis. They have that "The claimed condition was less likely than not (less than 50 percent) incurred in or caused by the claimed in-service injury, event or illness. provide rationale in section c. Veteran's symptoms do not meet criteria for ptsd under dsm-5 criteria. verteran has another mental disorder diagnosis. Continue to questionaire. Anxiety disorder. occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by medication. Stresser does meet criteria A. Is ther stressor related to in-service personal assault-yes. Criteria A- directly experiencing the tramatic event. Criteria B- Recurrent, involuntary and intrusive distressing memories of the tramatic event. recurrent distressing dreams in which the content and/or affect of the dream are related to the tramatic event. Citeria C- Avoidance of or efforts to avoid distressing memories, thoughts or feelings about or closely associated with the tramatic event. Criteria D- No criteria in this section met. Criteria E- Hypervigilance and sleep disturbance Criteria F- No criteria in this sectio nis met. Criteria H- The disturbance is not attributed to the physiological effects of substance or medical condition Criteria I- Stressor 1 Symptoms- Anxiety, Chronic Sleep impairment, Disturbances of motivation and mood, difficulty in establishing and maintaining effective work and socail relationships.Veteran's current symptoms fo not meet criteria for ptsd. 

Since this C&P appointment, I turned in my VA mental health records, a statement from my brother and husband. I also have my statement as well. I talked to a VA rep and they said my claim went back into gathering evidence phase since I turned in my new information. They also said that they requested a DBQ for PTSD. I hope this is a good sign.  Unfortunately, all my records were not found from 1998 in Bosnia. 

[babs]

I got a call from my C&P examiner and she said the VA needs further documentation regarding the incident since i turned in my mental health diagnosis. She was asking me for the form number of the sworn statement i wrote. She said they are needing some kind of documentation evidence. She said in order for the VA to acknowledge it as in service. She asked if I have a copy of the form. She said she would try and look in my records. She said she would look thru my records to see if she could find it. But I requested all my records and they said that they couldn't get the records from Bosnia.I'm trying to find the unit of the MP station and Provost Marshall so I can get the blotter report. Does this sound promising? I tried to contact my commander since she is still active. Hopefully she will respond. What else can I do?