Ptsd claim

[DebbieS118]

Two years ago my husband was diagnosed PTSD from a veterans contract psychologist. Although he is 66 years old, and the Vietnam war has long been over for decades his symptoms did not appear until he became sober five years ago when he quit the alcohol. He never actively seemed help for his alcoholism because he was self medicating. The psychologist send him to a va psychiatrist for medication. Both doctors believe his ptsd was caused by the anxiety of being on standby to deploy to Vietnam for 5 months. He started drinking heavily while in Okinawa and by the time he  was discharged he was already an alcoholic.

To make a long story short, he filed a claim with VA. Of course he was denied. Did a reconsideration claim. Said he needed new/material evidence which was sent in. It was a dbq for ptsd. We received acknowledgment of the new letter stating it was indeed new evidence and claim would be going to rater. Got another denial of claim 2 weeks later saying they never received new evidence so reconsideration claim was denied.

Now what? This process is so frustrating makes you want to quit

[Berta]

That page does not tell us anything.

I am going to make an assumption. 

The VA probably rejected the 2 PTSD diagnoses because:

“ Without a valid stressor, there cannot be a valid PTSD diagnosis for VA purposes, as the DSM-IV criteria have not been met. “

https://www.va.gov/vetapp16/files2/1611128.txt

This 2017 BVA decision is more explicit:

 

“Under DSM-IV, a stressor is a traumatic event in which both of the following were present:  (1) the person experienced, witnessed, or was confronted with an event or event that involved actual or threatened death or serious injury, or threat to the physical integrity of self or others; and (2) the person's response involved intense fear, helplessness, or horror.  A stressor must consist of an event during such service that is outside the range of usual human experience and such that would be markedly distressing to almost anyone, such as experiencing an immediate threat to one's life or witnessing another person being seriously injured or killed.  It is the distressing event, not mere presence that constitutes a valid stressor.  Zarycki v. Brown, 6 Vet. App. 91, 99 (1994).”

https://www.va.gov/vetapp17/files7/1739802.txt

In this next case (there are 10 pages of BVA decision that hold the 'not one way street' part:

“Unfortunately, the veteran's

assertions of his alleged stressors are not sufficient to

meet the requirements of the law.  The veteran has been

provided numerous opportunities to provide adequate

information regarding his named stressors.  The duty to

assist is not a one-way street or a blind alley.  The VA

cannot undertake meaningful development unless provided

adequate information by the veteran.  Without supporting

evidence that the claimed in-service stressors occurred,

service connection for post-traumatic stress disorder cannot

be granted.”

https://www.va.gov/vetapp03/files/0328615.txt

I am assuming that 

 VA applied  basic VA case law to their initial denial and this is why they rejected and ignored the 2 VA diagnoses of PTSD.

Also the diagnoses probably did not meet the DSM-IV criteria for PTSD.

You could possibly re open this claim again, maybe, when your husband reveals a valid stressor that can be proven, but still he will have to meet the DSM-IV criteria....

 

 

 

 

 

 

 

[Buck52]

Yes Ms berta is correct (as usual)

He needs to prove his stressors in military...it can be anything that  that he was in fear for his life. he was a combat veteran with cib ...  just out on the battle field  or on patrols, combing the area  ect,,ect,,  we never know when were going to get a high powered bullet in the head from a hidden enemy sniper , if that's not fear for you life  then I don't know what is.

His lay statements could help  if he can detail an event that  he was in fear for his life  that would be a stressor. dates and locations name of unit  ect,,ect,,

 He needs VA PTSD DIAGNOSE they meet the DSM 5 Criteria and prof of stressor's should be all he needs... Although they may not go back to 1971-72  for this claim but should award this veteran the date he first filed his claim.

what I don't understand is  he sent in his evidence STRs & Medical Reports, PTSD Diagnose unless these never showed his stressor's or his PTSD Diagnose?  VA is saying they don't...

I recommend dig deep into his C-file and look for combat reports,morning reports from his unit and look for the date  the strssor/event occured.

 Side Note:

I agree with Ms tbird  when a veteran is in a war conflict , Vietnam, Iraq, gulf war, any where he is in fear for his life  should be a stressor's ,   rather or not he was in battle ...no one is safe in a country of turmoil during a war conflict.  for us Older Vietnam Veterans they called it boots on the ground.

Edited January 9, 2018 by Buck52

[DebbieS118]

Thank you all for your responses and advice. We do have a year to reopen the claim. I just don’t understand what more the VA wants. We have send in everything they requested. He has a diagnosis of PTSD from a psychologist and a VA psychiatrist. The psychiatrist had him on medication for PTSD.

[DebbieS118]

So I just filed a 21-4138 to get a copy of his c-file. Does anyone know anything about a fire in 1973 that destroyed all records at the National Archives

[Buck52]

3 minutes ago, DebbieS118 said:

Thank you all for your responses and advice. We do have a year to reopen the claim. I just don’t understand what more the VA wants. We have send in everything they requested. He has a diagnosis of PTSD from a psychologist and a VA psychiatrist. The psychiatrist had him on medication for PTSD.

if you sent in everything the VA Requested his claim should be approved.

something is not right here??

what they are saying is what evidence you guys sent is is not documented on records OR the evidence you sent in does not meet the criteria for his claim.

what was the evidence you sent in?

You sent in a VA PTSD Diagnoses  by Qualified VA Phyistrist  ( ok that's good.)

what was the evidence  you sent in  that the VA disagrees with?

can you post a redacted copy of the of the main evidence sent in.?

cover personal information name and claim #

1.PTSD Diagnose by the VA themselfs.

2.  In service Stressor's or more than one.

3 Any other evidence you sent in.

We can help you better if we know what evidence you guys sent in.

[Buck52]

Also what did you guys file for?

PTSD or Depression/Alcoholism? It may matter on what was filed for?

may not,  but usually they could see he has PTSD 

if you guys sent in everything the VA ask for and its favorable to your hubby  then something is not right on this claim.

I understand the fire in the 1973 St Louis  NRPC was mostly older records for War War II Veterans Part of the wharehouse fires that destroyed thousands of Veterans Records.