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Ptsd Claim

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BoonDoc

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Hi all,

I went to my counseling session yesterday for PTSD. I was recently in an auto accident, and I have been having "flashbacks" since this wreck, and was telling the LCSW how hard it was getting by on my 60% SC compensation, much less getting treatment on my dime until the settlement with the mans insurance company.

she asked me "have you filed a claim for PTSD with the VA yet?", and when I told her no she told me that "You have to to take care of your family" and that she would put everything together in my record and that my migraines, anxiety, depression, chronic pain, agoraphobia are all rooted in the PTSD. She told me to wait until I see the head shrink M.D, and she would have time to inform him, and time to put all of the documentation together that I needed for the PTSD SC claim.

My question is this.

I have the cause or event in my SMR and a copy of the VA admitting to it too the event occuring while on active duty.

Now I have the nexus linking what I'm already 50% SC for and other symptoms that I have copies of treatment of symptoms since discharge, but the medical records don't say that I have PTSD.

Do they have to have that diagnosis on the treatment records for me to get the comp for the PTSD?

or will they be considered symptoms since I disn't have the diagnosis until a few months ago.

She told me all of these years I've have had PTSD, and all of the physical and mental symptoms are "rooted" in PTSD and if I don't get treatment I will get sicker and sicker physically and mentally...

I guess I'll wait and play it by ear. If anybody has any input, or suggestions about what to do please jump right in and give your 2 cents.. any ideals are much appreciated.

Boondoc

BoonDoc

Sailors see the World as 2/3rds full

"Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson

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  • HadIt.com Elder

Jan:

Just my opinion but I think that PTSD makes the claim a lot harder. And they can deny the PTSD and not tate the Depression unless you call them out on it.

Veterans deserve real choice for their health care.

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  • HadIt.com Elder
Pete,

Will the VA deny the PTSD and then rate the depression?

Or will the Vet have to wait for the denial for PTSD and then re-file a new claim for depression?

Could the depression be linked to current illness where as the PTSD has different crteria?

Jangrin

Generally without stressor verification the VA will frequently deny service connection (SC) for the PTSD and rate as non-service connected (NSC). The same would go for the depression unless they you can tie the depression to a current SC condition.

pr

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All mental disorders ultimately involve a proven nexus or a link to service-

the VBM makes this point and without a DD 214 that reflects an obvious stressor- like a Purple heart- the veteran must still prove the stressor, or the reason (etiology, cause,link) for the mental disorder.

We say 'stressor' a lot regarding PTSD as the nexus factor- but the nexus could be documentation of an inservice auto accident, report of a rape, or corroborating testimony that a rape took place, it could be witnessing a death of a fellow serviceperson-whether in or out of combat-and any life threatening event that would cause anxiety or depression.But it has to be proven.

The general rigorous nature of service does not raise to the level of a link to service of a subsequent mental disorder. But anything beyond the norm could be a potential link of a mental disorder.

This is what the DSM-IV says on this- and this is what the VA goes by:

"Each of the mental disorders is conceptualized as a clinically significant behavorial or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death,pain, disability or an important loss of freedom."

"In addition, this syndrome or pattern must not be merely an expectable or culturally sanctioned response to a particular event, for example the death of a loved one. Whatever its original cause ,it must currently be considered a manifestation of a behavioral,psychological, or biological dysfunction in the individual."

(VBM 2006 Edition page 136 quoting the DSM xxi-xxii 4th edition 1994.)

Since a veteran must prove the cause, reason, etiology, or nexus for any mental disorder- they should certainly make every attempt to get a buddy statement as an eye witness account of what caused the disorder.

The VA itself can help in some cases-

If a veteran writes to their VARO and asks for help in finding a specific veteran in order to obtain a buddy statement-the VA has a criteria for that and has helped vets find buddies (I know of some personally that found this helped-it was not for a buddy statement-it was to let them know of awards they had gotten from a Vietnamese document that my daughter translated.The document was found on the ground by a Vietnam vet

in Nam and it had the names and SS numbers of some of his men- for over 30 years he worried about what it was-my daughter is a Vietnamese linquist and the document ,signed by a high Vietnamese official, was a citation in each man's case for extreme bravery, with verifiable details,and which prompted the US of A to make some very outstanding awards to these men.

You write a letter to the vet you are trying to reach and put it into an unsealed stamped and self addressed envelope with your return address, email addy and phone number and then tell the VA what you can as to where this vet might be living-if known- or their hometown when in service.

State the Unit and time and place of the event you need help with.

If the vet is on the VA health Care rolls, the VA can contact them with your letter and then it is up to the vet if they contact you and can provide a buddy statement.

We tried to find a veteran who was pronounced dead in 1966 and my husband put him into the body bag and onto the chopper. He was the "old man" -the Commander who promised he would keep his Marines alive- this had a deeply troubling affect to his men when he died.At the Wall in 1993, we found out that he wasn't on the wall-he had been revived-this happened not often but it did happen-

we asked the VA help in finding the "old man" (he was 25 in Vietnam and they put us into contact with someone -same name, same hometown, USMC Vietnam vet-who also was a nurse at a VAMC . The vet called Rod and although he was not the "old man", they talked for a long time about ops in Nam they both recalled. We never found Commander Davis.

It does pay to try anything at all to find a buddy to corroborate anything that is needed to support the link or nexus for a claim.

Edited by Berta

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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  • HadIt.com Elder

Jangrin,

There's a difference if a veteran has depression caused or secondary to PTSD and just plain depression. I wasn't able to read Berta's complete post, but from what I was able to get through, she was right on. Ultimately a veteran needs to be able to show a nexus.

For PTSD it is ultimately having proof of the in service stressor and having a shrink connect the veteran's current PTSD with his documented in service stressor.

As far as direct service-connection of Depression, a veteran would need to be able to show treatment of or at least symptoms of depression manifesting themselves while on active duty, and either continuity of treatment after discharge, or if there is some sort of time lapse in between treatment, the veteran would probably need to have a srink make the connection of his current Major Depresive Disorder/Dysthymia to that of the in service depression or symptoms. Secondary service-connection of depression being caused by another serivice-connected disability, in my opinion, is by far the easiest way to be awarded service-connection for this. A veteran would only need a current diagnosis with a shrink making the connection with the particulat disability in question.

I hope this makes sense.

Vike 17

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  • HadIt.com Elder

If you have something in your SMR's to document depression or any other mental/emotional disorder that is a lot easier to go for than to try and prove PTSD 30 years later. If there is nothing in the SMR's then PTSD may be the way to go if you have very strong, verifiable stressor. Wiht the flood of Iraq vets coming back with PTSD diagnoses it is going to get harder to prove PTSD I think just because of the money involved. Iraq vets are screened for PTSD. Nam vets were not screened for PTSD or any other mental/emotional disorder. I never even got a discharge physical. You know government officials and bean counters see vets as just another group with a claim on the tax dollars. When they try and cut the budget we go under the knife just like the unwed mother with 12 kids and 12 daddies.

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  • HadIt.com Elder

This is a very confusing issue and my comments were made from my experience. For me in my SMR's was a one week hospitalization to see what was causing panic attacks and I also had a fabulous Medical Opinion authored by a well known shrink in Dallas.

If a Veteran was prescribed meds for depression or anxiety it is a big help. My Brother fought for over 8 years to get Service Connected for PTSD. Finally he gave up and applied for a Non Service Connected Pension got a letter from his Doctor that Diagnosed him with Major Depression and he was awarded the NSC Pension in 3 months.

Veterans deserve real choice for their health care.

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