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what the heck

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tylerb333

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Denial...really?

The veteran's use of opiates, cannabis, and alcohol began prior to service, thus current/recent use/abuse is not caused by an in-service related event. Given
the veteran's consistent diagnosis and treatment of PTSD, and the frequency of relapse of substance use, it is as least as likely as not that his substance use
(to include opioid use disorder) is aggravated beyond its natural progression by his PTSD symptoms.

 

Per 3/15/2017 initial PTSD exam the veteran was diagnosed with PTSD, alcohol use disorder, cannabis use disorder, and opioid use disorder, all of
which were in early remission. The 3/15/2017 medical opinion, the examiner opined that the veteran's opioid use disorder, and substance use in general,
was made worse by his MST. The 6/20/2017 review PTSD examination indicates that symptoms present at that time were due to PTSD and not
substance use as he had been abstinent from drug use with the exception of his opioid maintenance therapy. The veteran is service connected for the
combination of PTSD and substance use disorders however per 11/20/2017 medical opinion regarding unemployability, the examiner noted that the
veteran was service-connected only for PTSD and not substance use which is incorrect. Per rating decisions 3/27/2017 and 10/11/2017, the veteran was
service connected for "PTSD with secondary alcohol use disorder, cannabis use disorder, and opioid use disorder." They are separate disorders, and not
all symptoms are present all of the time. The examiner commented specifically on the veteran's PTSD symptoms and separated the veteran's substance
abuse disorder symptoms. The veteran's substance use predated his military service, thus it was not caused by his reported assault. It was, however,
likely aggravated by the residuals of his assault as described in treatment notes which indicate that with worsening PTSD symptoms, the veteran has
reported relapsing on substances, particularly heroin.

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I'm aware of what you address regarding late MSA reporting.

When there is no actual MSA official Report Filed, no private or Service medical records supporting the MSA Claim, it all comes down to the VA Raters determination as to the veracity of the Vet. 

To the best of my knowledge, all MST associated MH Awards are rated as PTSD. All VA PTSD/MSA Psychiatrists and Psychologist Ph.D.'s are trained forensic examiners. Eliminating the possibility of a malingerer making it thru the C & P process is just as important for the MST Vet as a Combat Vet.

The Vet's recent PTSD C & P Examiner made special mention of administering the MMP1-2-RF Psychological assessment test that is a tool in verifying a Vet's Veracity. The results indicated "Non-credible Memory Problems." There was also a mention of the Vet over-reporting his PTSD Symptoms. Do you think there is a better than even chance that this Vet may be viewed by the Rating Dept as having a Veracity and Over-reporting Problem?       As to his IU Denial based on this DBQ, after reviewing what limited information the Vet has presented, do you believe he is IU, unable to do even Sedentary Employment that would provide in excess of the SGI $12,440 per year?

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Gastone;

I can't imagine someone "making up" a personal assault.  It would be troubling to me....The OP is going to have an uphill battle for sure

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Nav4, I can only imagine. However, where there is a Public or Government program offering Compensation, there will always be a segment of the population attempt to take advantage by making false claims.

I have no actual False MST Claims Data indicating Denials due to "Malingering." However, I do feel safe in saying, "The 10% Rule" disturbing as it might be; probably applies here as with most other aspects of life.

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  • HadIt.com Elder

If someone is not being truthful it will catch up with them one way or the other, usually if no markers are found and no record of MST a claim will be denied....not as Malingering but lack of evidence.

I remember a case not to long ago the MST victim was a female and was personally Assaulted during her military, due to embarrassment she never filed a claim , however after years went by she was diagnose with MST as she mention what happen to her years early to the VA  MH Clinic, thank goodness this was reported to her C.O.BACK THEN AND WAS OF RECORD, why nothing was done back then is anyone's guess,?

but the VA did find record of it being reported, she told her story as to what happen back then & based on her symptoms ...she was awarded a MST/PTSD 70%

So actually they do take the Veterans word for it  same goes for male veterans  VIctim to MST ..However there must be a record it happen.

MST Unfortunately is getting to be more frequent in the military now days for some unknown reason, not sure why?

  maybe its the stress men &women are under knowing they may face deployment in a Hostile Enemy Territory and more females are in the military now as opposed to 30/40/50 years ago...this is by all means no excuse BUT something must be causing it   and not just b/c of horny men or women.

or maybe it was happening 30/40 years ago but went unreported?

there may never be an answer?

Just my opinion here and not meant to offend anyone here reading this.

 

 

Edited by Buck52
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