ptsd Question On Filing An Appeal

[waynes]

Hi everyone, I'm a newbe so be patient. My wife filed for claim last year for Military sexual trauma and got denied. She did introduce a stressor letter and all the evidence she had, also been diagnosed with PTSD. But as you know there is a lot of candy coating going on in the evidence, she didn't report the rapes that occured for fear of retalliaton. She does have newer evidence of being in the hospitol the times of the incident for suicide and being depressed. But nothing indicating rape. Her captin did write she was being harrassed by other soldiers because she was one of a few women on post. Plus some of where he said he would transfer her and/or get her out of the service.. she got out only after serving 10 months active duty. She has since, (after her last filing) gone to a rape and trauma program in Fla. sponserd by the VA, gotten 2 nexus letters for PTSD, and she is diagnosed as to having PTSD. She is on SSD. As I have read the VA should have given her a special form for the filing. I don't think she got a special form. The local VA helped her file and think that was one of the major problems, ignorance in their part. We have reordered info being more specific, but with 4 months to go to beat the dead line we're not sure wheather we'll get it in time or not.

She never got an appointment for C&P, I guess because it was denied. She's so stressed now from going through all the info, I'm just afraid she'll miss something she really needs. We did read once that the only way to refile was with new evidence, how do veterans keep the claims open and repeating the process for years? Theres only a certain amount of new evidence you can gather. Right now it's only what she can remember about it and the hospitol records plus all the records of being in and out of the hospitol for depression and suicide then and now. any help would be appreciated. thanks from two vets

[Berta]

Waynes -Welcome aboard-

The VA web site, under Women veterans, has much info as to how the VA is treating victims of sexual abuse.

The reality is however- that it depends on evidence, in order to support any claim for SC disability due to inservice sexual trauma.

This recent BVA case shows what I mean:

http://www.va.gov/vetapp06/files2/0607161.txt

This veteran did not report the sexual assualts:

BUT- "

The Board finds that there is credible supporting evidence of

record corroborating the veteran's description of military

sexual trauma. In January 1991, the veteran was found to

have no personality disorders. Shortly thereafter, the

veteran reported sexual abuse to her mother, requested a

transfer, began treatment for depression, complained of

various physical problems, and sought testing for a sexually

transmitted disease. The veteran's mother and sister noted

significant behavioral changes after the veteran was

initially transferred to Greece. The veteran's description

of military sexual trauma is consistent throughout her

treatment records and her statements to VA. Therefore, there

is credible supporting evidence of record that the veteran's

alleged in-service stressor occurred, and service connection

for PTSD must be granted."

This veteran had made an "outcry" - what the legal community would use to establish a stressor.

In VA 's case- even if any stressful event was not reported or documented at time it occurred, still

an "outcry" can be supported as proof the stressor.

This veteran told her mother immediately, took tests to make sure she had not gotten gotten HIV or anything, and consistently had treatment records that supported the stressors.

It is human nature to reveal events like this to someone- as soon as they occur and also to exhibit a marked change in behavior- as this veteran did- with depression treatment in service-

Both the mother and sister corroborated this stressful event-the veteran could not provide eye witness accounts yet the mother and sister could verify she had made an "outcry"-by telling them of what happened and her behavioral changes were consistent with a significant inservice stressor.

I think it helped this veteran considerably that she sought VA treatment and consistently sought sexual trauma counselling. Why would a vet want sexual trauma counselling if the vet never experienced this type of trauma?

In your wife's case- what was the specific wording of the denial?

Did she receive a VCAA letter that told her specifically what evidence she needed to send?

"gotten 2 nexus letters for PTSD"

If you mean doctor's stated 'more than likely' she has PTSD due to inservice trauma- this helps corroborate the nexus but it is not the nexus.

The nexus is proof of the stressor or corroborating statements such as those the above veteran had from family members.

You are new here-I told this story before- I had a vet with a bonafide super dooper PTSD diagnosis and more than likely statement from his VA shrink-his shrink also had reported numerous horrible events that the veteran exerienced in Vietnam. Enough to give anyone PTSD.

The AL and I myself tried for a long time to help the vet support his stressors.

He was unsuccessful in finding any buddy to verify his statements.

Army unit history of Vietnam at the time as well as his MOS did not put him into any situation whasoever that confirmed his stressors.

Although he stated he witnessed the deaths of other buddy's he did not recall their names and this too was inconsistent with his MOS and where he was and when in Vietnam.

In a 17 page BVA decision the BVA could not find any documentation whatsoever of any of them.

The only point I am making is not geared to your wife-I am sure that she could find corroborating evidence-

it is just that a nexus statement by a VA doctor only shows they fulfilled what the VA wants- it cannot take the place of actual documentation of a stressor-unless the doctor was an eye witness to the stressor-

(we had a great PTSD shrink at local VAMC who was in Vietnam and who actually did witness stressors-but I dont know if he was ever asked by a vet in his unit for a buddy statement)

Edited January 4, 2007 by Berta

[Vike17]

Waynes,

It appears the VA denied your wife's claim because they don't have proof of a stressor. As Berta stated, the bottom line is in order for your wife to prevail, she'll need to somehow submit proof of her stressor. From what you have said, the other two parts of a successful PTSD claim (Current diagnosis and a nexus between the current PTSD and the events which occurred while on active duty) has been met, she just needs to obtain evidence of what happended while she was on active duty.

Vike 17

[Pete53]

If your wife told anyone about the rape it would go a long way in a notarized letter affirming that it happened.

[waynes]

Thanks for the reply's, I think her sister can help some on this also my wife is unemployable due to the stressors since 2000 . This was stated in her original letter, was there a CUE here by not seeing that by the va? And can she file TDIU? Or how does this work in her case. So many roads and they all have stop signs !

[Berta]

If you mean she gets SSA disability benefits for PTSD due to the stressor- she should send VA the attached TDIU form and check yes to the disabilty retirement question-

Under # 25, Remarks -she should tell them that this is an SSA award for PTSD due to her inservice stressor.

She should also list the side affects of any of her meds that she takes for PTSD.

Pete is right-

anyone who is eyewitness to a stressor or to the immediate affect of something like a rape- with no eyewitnesses- can provide a valid nexus for the VA.

They should state how soon after this happened that they learned of it, and whatever details the veteran provided as well as her actual demeanor and condition at the time of the contact and how it affected her.

There has been a rape case in the news for months-

the Duke Lacrosse indident-

although the victim sought medical care- her other actions immediately after this alleged rape did not fit into any pattern of a rape victim at all-

many of you know how this case fell apart and how the procesutor has gotten into trouble-

In your wife's case- the evidence in my opinion- is solid -

does the VA have this information?:

"She does have newer evidence of being in the hospitol the times of the incident for suicide and being depressed"

However- the proof of the stressor (the nexus factor for all PTSD ,depression, or anxiety claims)

will be found in anyone's notarized statement of what she revealed soon after this occurred as well as her demeanor.The fact that she was hospitalized is very significant.

Does she have those treatment records?

Is it possible that she did tell someone at the hospital during that time- of the rape?

Maybe not and I can certainly understand the type of stigma this must have had to her-I see you are a vet yourself-

You also could make a statement in her behalf as I am sure this might have affected her when you were married and you know better than anyone how this still hurts her and causes her emotional pain.

I would give her 100%SC in a heart beat but I dont work for the VA-

I think she has presented an excellent claim for SC with a little more work to go-

Has she kept in touch with her unit? They might have a web site-

she could also attempt to get a buddy statement from another service woman who knew her when this happened, if she told anyone on the base at all.

TDIU_form.pdf

Edited January 6, 2007 by Berta

[waynes]

Yes the VA has all the medical records, she had a clean medical history (before overseas) other than a couple visits to the Dr. for stomach and leg pains....then all changed when she went to Germany a clear history of something did happen..depression-suicidle it went on and on till she was honorablely discharged by her capt's request (only 10 mos is service) all is on her records. Of course there is a lot of things left out also things like saying "she couldn't adapt to military life" etc.. pure candy coating.