Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Ptsd Claim

Rate this question


BoonDoc

Question

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

Link to comment
Share on other sites

  • Answers 33
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I know I have had several responses to my wife's PTSD claim, but this one sheads a little more light on it. While in the service she was diagnosed being depressed and suicidle (sp) after MST. She has filed for PTSD and was denied, she is in the process of reopening her claim with what we think may be some more evidence. So the question is, since she has documentation on her military records of depression the 3 or 4 months prior to her discharge, should she file another claim for that or what avenue should we take on this matter???? thanks

Link to comment
Share on other sites

I know I have had several responses to my wife's PTSD claim, but this one sheads a little more light on it. While in the service she was diagnosed being depressed and suicidle (sp) after MST. She has filed for PTSD and was denied, she is in the process of reopening her claim with what we think may be some more evidence. So the question is, since she has documentation on her military records of depression the 3 or 4 months prior to her discharge, should she file another claim for that or what avenue should we take on this matter???? thanks

[/quote

I would open up a claim for depression if there are SMR's and a record of treatment since discharge, and a current diagnosis that will prove the depression has been treated since discharge from the service.

I know that there are far better people on here to give you advice...I'm on a learning curve...I've been trying to get my SC increased for 23 years, but just recently started fighting for it myself, thanks to this site, and the help of the good people on it.

I know one thing...don't quit!

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

Link to comment
Share on other sites

Waynes- was she formally diagnosed with PTSD since service or diagnosed with depression?

What diagnosis do her current treatment records and medications support?

Did the depression show up on her discharge certificate?

PTSD is considered an anxiety disorder whereas depression is classified and medicated differently-

I have seen some cases at the BVA over the years where it appeared to me that the veteran had claimed a specific disability yet the med recs supported something else-and the actual diagnosis was different.

Do you have all of her medical records?

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.

Link to comment
Share on other sites

Waynes- was she formally diagnosed with PTSD since service or diagnosed with depression?

What diagnosis do her current treatment records and medications support?

Did the depression show up on her discharge certificate?

PTSD is considered an anxiety disorder whereas depression is classified and medicated differently-

I have seen some cases at the BVA over the years where it appeared to me that the veteran had claimed a specific disability yet the med recs supported something else-and the actual diagnosis was different.

Do you have all of her medical records?

She initally filed a claim for: PTSD, bi-polar, depression

*Current diagnosis I believe is PTSD/bi-polar/depression, I'll have to check with her. She doesn't like talking about it.

*On her discharge no mention of depression

*Her medical records (still waiting on some) show here in the states some minor visits to Dr. for stomach problems and muscle strains, after she went to Germany thats when the depression the medical records start listing "she's depressed". Just about every visit to the Dr. says that. She was put into a psyh. ward for a few days and on suicide watch. Her medical records show this.

You can clearly see by comparing stateside to overseas records something happened. But they want some kind of proof to make it SC.

I guess they need a nexus for depression. Since she initally filed for the 3 I listed above, does that mean she can't file for

depression alone??

Link to comment
Share on other sites

Any claim should be filed on whatever the current diagnosis is.

I have seen vets claim PTSD which they are then locked into but a doc might say it is depression instead.

There was a big bru ha ha last year at my POA office-my former vet rep had a vet who claimed PTSD and then got denied -the BVA said there was no evidence at all that he had a diagnosis of PTSD.

This vet registered a complaint with the main office on the POA and my former vet rep laughed when he told me about it-

I wouldnt be laughing if I were him-

he is the one who screwed up my claim for a long time-

The vet went to the CAVC I think--not sure if the docket name is really him or not-

he was livid at how the POA handled his claim-and might well have good reason for that-

I think that the vet had a different diagnosis from the VA or maybe a PTSD diagnosis from a private doctor-

in any event this POA did not understand the VCAA until I explained it to them in a complaint letter-

I bet this vet got the same one I got- the VCAA form that says nothing specific and you wait for more-

or they never obtained his private treatment records.

Then again maybe he had no diagnosis or treatment records at all and someone told him to file for PTSD.I had 2 local vets like that-they thought since they served in Vietnam, and acted nuts, they could get some cash.yeah right-

If you claim a disability that you are currently diagnosed with and have current treatment records for- that is -in my opinion- exactly what you should claim for service connection.

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.

Link to comment
Share on other sites

I know I have asked on the forum several questions about the filing of claims for my wife. OK heres what we got,

when she filed a claim she filed for 3 things, B/P, depression,ptsd...she is currently diagnosed with all three.

She got denied for all three, the reasons... I guess no proof

In her medical records it clearly states depression but no reason.

Can she open a new claim just for depression even though the claim was denied for all three?

We're currently getting things ready to reopen and appeal the decision. I know I read it was easier to get SC for

depression than PTSD....we're just torn on which way to go with this and actually win

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use