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Sexual Harassment

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waynes

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my wife has 2 statements on record from her captain verifying sexual harassment from fellow soldiers given to her physician when she was hospitalized for suisidal ideation. can she add this to her existing ptsd claim for military sexual traum or does she open a new claim? would these two statements in her military medical records be enough information or does she need something more? are there any websites that refer to this subject? thanks, wayne

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MT- that was a very good post on proving stressors.

Whatever mental condition-anxiety, depression, PTSD -whatever it is - the stressors (the nexus to service)have to be proven and often it takes at least one strong buddy statement-and any of the things you mentioned.

(unless specific decorations on the DD 214 are consistent with combat and denote stressors--such as PH)

Some claims involve an event that might not appear as a 'stressor' but is still the nexus-

I had a bi -polar vet who was thrown into the brig because he became suddenly erratic on board ship-

the VA accepted as evidence-that this incident-so out of character for him and well documented-was first manifestation of his bi polar disorder.

Even with a diagnosis and a 'more than likely' nexus statement by a doctor-

actual documentation and/or eyewitness accounts of either the stressful event or the veteran's reaction and demeanor right after the stressor are acceptable to VA as evidence. They should be detailed -if not eye witness accounts-as to what the vet told them as to what happened and how it affected the veteran.They should be specific as to the time and place of the event that caused the veteran anxiety or stress.

The veteran in this case here I believe has a very good claim.

A current diagnosis- and current treatment records for the type of stressor --more than just a list of meds- this is very important info to this type of claim-as one can forget what might have been stressful 30 years ago- but if they consistently seek therapy or treatment for the stress of the event-and/or its lasting results- they satisfy having a current documented disability as well as a current diagnosis.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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The 120 day mark has past but the year hasn't, it's up in April. We're still waiting for more info to come in and see if there's anything else that was missed...thanks

Waynes wrote: We're still waiting for more info to come in and see if there's anything else that was missed...thanks

Are you going through a Service Organization to help you with your claim? or are you waiting for the VA to ask for more information? Now this is only my opionin but in my experiance with the VA I don't believe they will tell you exatly what they really need to help you succeed at winning your claim they will give you information as to how to file your claim and general information but they are not clear and to the point...the VA is nothing more then a Workman Compensation company of the U.S. Military...and like most Workman Compensation Companies they are going to pay out as little as they can...So in order for one to get the best settlement one has to be pro-active in there case...no one know's your case better then yourself...I know I made mistakes on my claim and after reading hadit.com I am learning...and I most likely will never understand the VA system but at least I can have a better understanding...

Has your wife gone to a C/P for PTSD through the VA??

MT

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MT ...no she hasn't had or been offered a C&P from the VA.

I am going to assume from your last post that you filed a claim for PTSD due to MST and that you filed prior to requesting your military records...if this is indeed a correct assuption

1.) do not be surprised if your medical records have already been sent to the VA and there will be a letter telling you to contact the VA if you want a copy of the medical records because they will have the hard copies..

2.) Do not be surprised if there was any investigation into any incident that happened during your wifes military career is no where in your records...by what I have been told that records of investigations like social action complaints, or UIF folders, even letters of appriciation or Airman of the month or quarter are not nomal kept as part of your military permant records.

B. I am assuming that your wife has IMO (diagonis for PTSD) if this is so then depending on how it is written up and if the VA accepts the report and a nexus was made in the IMO to an in service stressor they may or may not ask her to go in for a C/P they may be able to rate her based on the IMO report. When the VA requests a C/P it is normally for then to determine through there own doctor if there is a question of a nexus...or to disprove it is an inservice stressor that is causing current symtoms...

c.) I am hoping that you are gathering up evidence ...A time line is very helpful in PTSD cases...esp. if you can put dates, times, Names of people who were present at the time...the VA will not find these people for you...that you will have to do yourself..unless someone you name has sought VA care there isn't really any way for them to track them down esp. if you do not know there service number...

d.) this would be a good time to contact people who knew your wife prior to being in and out of the service...who can write a letter to the change they seen in her....before she went in and how she was after the MST occured...

One way to find people who served with your wife or may know something about her situlation would be to go into Military.com...and go into there buddy finder...also you can go into unt finder...

This happened to me...while I was in the Military I had to work up quite a bit of suicides...there were a few bad ones that I had to work up at a missle silo...well I could not remember any one who was there...and when I received my Military records there was no indication that after I finished one of these cases I was treated by the Medic on site...so what I did was I went into Military.com and went to Unit finder...I went to the detachment that was there when I was stationed at that base..and sent a message if anyone remembered this partical suidcide...I was able to get two letters from a Sargent and a Captain that remembered me...now I did not put my name down just my email and they named me...so I put that also into my VA claim as part of the stressor in service..

so sometimes you have to think outside of the box while working up your claim...esp. if quite a few years have lapesed...

I hope some of this information helps...I tend to get off track..there are many great people here on hadit that have way more experiance in this kind of stuff then I...

Just make sure you don't miss any of the deadlines...

MT

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