Jump to content
HadIt.com Anniversary 24 years on Jan 20, 2021 ×


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    106%
    $1,598.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

HadIt.com Anniversary 24 years on Jan 20, 2021
  • 0

MST with PTSD or PTSD


Question

I have been working with a VSO to file my claim. I am currently in the process of gathering information. Only thing, file for MST with PTSD or file PTSD. VSO was hung up on the sexual part of MST.

Background:

Was in service 1991-2000. In 1995 was involved with a female soldier, who also was involved with another male (married) soldier. After an exercise and the last night sleeping together she asked me to kill his wife. After the second time I went to CID and wore a wire twice. While the Article 32 hearing was going on she was let out of pre-trial and started harassing me, being around me. I was moved from my company to another, and ultimately to the brigade HQ (rear detachment). Brigade HQ was deployed then. Both the female soldier and male soldier were other than honorable discharged, but I was exiled for a year. Not the same after. As I was getting out in 1999 I learned that she had asked other people in the unit to kill me. I was seen at a Vet center into 2000.

Same time as the Article 32, my chain of command was trying to discipline me for an Article 15/court martial. The incident was with the female soldier (before she had asked me) and was on a trumped up charge. Even had the 1st sergeant threatened me in his office about "if he could not get me on that charge he would find another". After my time in Brigade HQ I returned to almost a new unit, only 5% knew me. All I wanted was out, but he harassed me every day to change my mind and go to the promotion board. Would not even let anyone drive me to airport to PCS.

It took my wife to point out that when I get harassed or witness it at work that I am affected by it. I am currently being seen for it by the Vet center I was seen at before. The vet center had listed me as PTSD and marked as military trauma. 

 

Also, I don't have anything from that time as I was not in a good place and as a 26 year old did not want the reminders in my barracks room. So if anyone knows how to get the CID or JAG records I am all ears.

Link to post
Share on other sites
  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

Unfortunately my BVA search did not turn up anything on that unit regarding a possible OTH Character of Discharge appeal that one or both of the perps might have made. There is always a chance th

http://www.cid.army.mil/ At this site they have an area to the right whereby you can request a CID report under FOIA. Here is some info on how to obtain JAG records: https://www.archive

Does the vet center have someone there who can help you file a claim for PTSD? "Both the female and male soldiers were reduced in rank and given other than honorable discharges a month or two aft

Recommended Posts

  • 0
  • HadIt.com Elder

http://www.cid.army.mil/

At this site they have an area to the right whereby you can request a CID report under FOIA.

Here is some info on how to obtain JAG records:

https://www.archives.gov/research/guide-fed-records/groups/153.html

More info here:

https://www.swords-to-plowshares.org/guides/ordering-courts-martial-transcripts-and-military-investigative-records/

Do you  have your complete militry SMRs and inservice Personnel file?

At the main page of this site (www.archives.gov they have an area that veterans can use to obtain copies of their inservice records? (On the SF 180 form be sure to ask for All medical and All Personnel Records).

 "Both the female soldier and male soldier were other than honorable discharged, but I was exiled for a year."

What does 'exiled for a year 'mean?

  • Like 1
Link to post
Share on other sites
  • 0

Berta,

Thank you for the information. I have already requested my military and medical records.

Exiled means that I was in charge of my own team and looking at promotion, then they brought the female soldier back to the unit. My company commander transferred me to another company (with a letter of caution). My platoon Lt. did not even know, the prosecuting attorney told me. In that company she proceeded to harass me. Enough that when my new Company Commander (a good one) had to send someone to Brigade HQ I was sent. I was assigned to Brigade HQ as a driver for a year. Both the female and male soldiers were reduced in rank and given other than honorable discharges a month or two after I was there.

I consider that time as being exiled.

Link to post
Share on other sites
  • 0
  • HadIt.com Elder

Does the vet center have someone there who can help you file a claim for PTSD?

"Both the female and male soldiers were reduced in rank and given other than honorable discharges a month or two after I was there."

Will the documentation under FOIA  you seek specifically identify  you as a victim of this harrassment?

After the second time I went to CID and wore a wire twice. "

I would assume the wire evidence was on tape for the CID, and if so this should definitely be specified under the FOIA for release.

"As I was getting out in 1999 I learned that she had asked other people in the unit to kill me. I was seen at a Vet center into 2000."

Have you made any attempt to find any inservice buddys in your unit  who could support that with a buddy statement?

Have you googled the names of the two people who were giving an OTH? Not that we need the names here- but they might have a history of bad acts since they were booted out.

Can I assume they were in the Army up to 1999-?

Can you tell me what unit the female soldier was in? *

This was certainly a traumatic experience. Just the fact alone that she asked you to kill someone (was that on the wire and taped? ) and then asks others to kill you is horrific.

Do you rememeber any of the names of individuals that she asked that of?

* It is a long shot but maybe there is a BVA decision that would reflect a female OTH veteran ,in this same unit she was in, that might also reflect legal info that you could use in your claim, who was trying to get VA benefits.

I am willing to search the BVA web site for anything after 1999 that might possible help.I would need the name of the Unit she was in and I assume she was discharged in 1999?

But the best thing to do is to try to acquire the info you asked for under FOIA.

Is any of this recorded in your  military personnel file , in a way that helps prove what happened?

I had a horrible experience many years ago. Someone attacked me viciously on the internet.

I found out who they were and where they lived and then,through my internet searches I found they were already involved in a court case unrelated to my problem with them.

I was able to give testimony against them,to the court, by contacting the plaintiff's lawyer and I provided documentation of the things they said about me on line.

I was able to follow the entire case on line, by paying for links to each hearing.I realized they had hurt many others as well and the outcome of that case was

Wonderful.!!!!!!!!!!!

So I know how it feels to be innocently targeted and victimized unfairly by someone and these people can be very dangerous.

But I also know that research can reveal  often a series of prior bad acts, that can prove ,innocent targeted people are not simply telling a  personal story,...... they are telling the truth. ( such as the Me Too movement).

I hope you find the evidence you need, and it might take some time, but if you file a claim for PTSD due to military trauma, you will need to prove what happened because the VA's Duty to Assist is very limited and we claimants have to do most of the leg work ourselves, when it comes to evidence.

 

 

 

 

Edited by Berta
  • Like 1
Link to post
Share on other sites
  • 0

Berta, 

Great info. Thank you.

Does the vet center have someone there who can help you file a claim for PTSD? Don't know. A VSO is helping me. Just did not know to file as MST with PTSD or PTSD.

"Both the female and male soldiers were reduced in rank and given other than honorable discharges a month or two after I was there."

Will the documentation under FOIA  you seek specifically identify  you as a victim of this harassment? Unknown. It should show that she asked me to kill someone and I reported it to CID. I don't believe the harassment was ever recorded. I was just reassigned.

After the second time I went to CID and wore a wire twice. "

I would assume the wire evidence was on tape for the CID, and if so this should definitely be specified under the FOIA for release. Thank you.

"As I was getting out in 1999 I learned that she had asked other people in the unit to kill me. I was seen at a Vet center into 2000."

Have you made any attempt to find any inservice buddys in your unit  who could support that with a buddy statement? The guy who told had just PCS from the company her friends were in. He happened to be talking about the incident and did not realize who I was. The only buddy statement I have was from a buddy who in my unit on my return from Brigade HQ. He knew of the incident and witnessed the harassment from my chain of command.

Have you googled the names of the two people who were giving an OTH? Not that we need the names here- but they might have a history of bad acts since they were booted out. No. I did check her when I got out to make sure she was not near me.

Can I assume they were in the Army up to 1999-? No. They were discharged in 1996. Incident was 1995.

Can you tell me what unit the female soldier was in? * A Co. 32nd Signal Battalion, 22 Sig Brigade. Kelly Barracks Darmdstadt GE. I was also in A co till they moved me to B Co.

This was certainly a traumatic experience. Just the fact alone that she asked you to kill someone (was that on the wire and taped? ) and then asks others to kill you is horrific. Her asking me was. 

Do you rememeber any of the names of individuals that she asked that of? No. They were not in my circle of friends. If I had a unit photo of 95 or 96 maybe.

* It is a long shot but maybe there is a BVA decision that would reflect a female OTH veteran ,in this same unit she was in, that might also reflect legal info that you could use in your claim, who was trying to get VA benefits. Could be.

I am willing to search the BVA web site for anything after 1999 that might possible help. I would need the name of the Unit she was in and I assume she was discharged in 1999? Thank you. Unit is above. Discharged in 1996.

But the best thing to do is to try to acquire the info you asked for under FOIA. I will.

Is any of this recorded in your  military personnel file , in a way that helps prove what happened? Still awaiting arrival. I have asked from archives.

I had a horrible experience many years ago. Someone attacked me viciously on the internet.

I found out who they were and where they lived and then,through my internet searches I found they were already involved in a court case unrelated to my problem with them.

I was able to give testimony against them,to the court, by contacting the plaintiff's lawyer and I provided documentation of the things they said about me on line.

I was able to follow the entire case on line, by paying for links to each hearing.I realized they had hurt many others as well and the outcome of that case was

Wonderful.!!!!!!!!!!! Sorry to hear and glad for the outcome.

So I know how it feels to be innocently targeted and victimized unfairly by someone and these people can be very dangerous.

But I also know that research can reveal  often a series of prior bad acts, that can prove ,innocent targeted people are not simply telling a  personal story,...... they are telling the truth. ( such as the Me Too movement).

I hope you find the evidence you need, and it might take some time, but if you file a claim for PTSD due to military trauma, you will need to prove what happened because the VA's Duty to Assist is very limited and we claimants have to do most of the leg work ourselves, when it comes to evidence. So, file as military trauma with PTSD as secondary?

 

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 41 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines