ptsd Ptsd Claim

[BoonDoc]

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

[Berta]

The proof is everything-

anything whatsoever that helps establish a nexus, link, etc, cause , reason to her service is what the VA needs.

Buddy statements, any lay statements from family members, private medical reports and whatever there is in her military records can support the nexus-

In my opinion whatever a diagnosis is -as long as it shows a current disability that involves current treatment records-satisfies one of the Hickson elements- we dont mention Hickson much (neither does the BVA) but it is the fundamental criteria for all claims:

"In order to establish service connection for a claimed

disorder, there must be (1) medical evidence of a current

disability; (2) medical or, in certain circumstances, lay

evidence of in-service incurrence or aggravation of a disease

or injury; and (3) medical evidence of a nexus between the

claimed in-service disease or injury and the current

disability. See Hickson v. West, 12 Vet. App. 247, 253

(1999).

from: BVA http://www.va.gov/vetapp06/files5/0631468.txt

Even though a current diagnosis can involve many other facets

for example, depression with compulsive-obsessive traits

or PTSD with secondary depression-

whatever it is-as a compensatable disability- the other 2 elements of Hickson have to be supported too wth evidence.

One thing I have noticed is that many claims regarding a personal assault are claims for PTSD due to service-

I am sure that there are claims for depression too- due to an assault like this-

A recent CAVC case was opined on in the new VBM by NVLSP-

The veteran had been assaulted and she underwent hypnosis that suppored the assault-it was a documented session.

Also the veterans sister had given the VA written testimony as to her sisters demeanor and problems and changes in behavior right after the alleged assault.

The court remanded this case to the BVA (dont know the oucome yet) because the BVA had failed to acknoweldge and consider the documentation resulting from the hynosis as well as the sister's testimony.

YR -11 vet app at 398

Also within 38 CFR 3.304 (f) (3) it is very clear that in any case like this of alleged personal assault as stressor -the VA must consider corroborating evidence beyond the SMRs in order to render a proper opinion.Because in many cases it will not be found documented in the SMRs.

[BoonDoc]

I had my shrink appointment yesterday, MD, and he told me it didn't make a difference weither it was from direct combat, sexual assult, MVA, etc. they all can cause PTSD, som eacute and with treatment they get better quicker, and with those who surpress the trauma, it can come out as any different type of mental or physical manifestation and more often both.

He told me that I dfenatly had PTSD, and if I hadn't of gone these so many years it would have been easier to treat....now it will take dedication, and a desire on my part to get "better" and even then he can take me only so far.

The good news is that he told me to file for SC PTSD, and that he would document it as having occured from an in service event, and that I was not employable, and that the SC migraines (that I have had SC for years) anxiety, depression, agoraphobia, hyper-vigellance, ect. are all connected to PTSD.

I am going to research how to file the PTSD claim, and how to write the "stressor" letter and get it all together to submit to the VA.

Now I can imagine that I will get some jerk at the C&P exam who will make it look as though not a thing is wrong with me...just lookin' for a bigger "handout" but I will cross that bridge when I get there.

I am going to copy my personal records of treatment for anxiety/depression from within 6-7 months of discharge, and all of the others since then through the years that deal with the symptoms related to PTSD.

I can see the VA "gumm up the works" of my other 2 claims that I have open at present (one is a NOD on TDIU, and one is secondary anxiety/depression due to migraines)

At least I have a VA LCSW & MD who at leat believe and want to help (it appears so at the present)...more than I've ever had in the past with the VA!

BoonDoc

[Berta]

Boondoc- this is excellent evidence to support your TDIU claim on appeal.

There is a lot at hadit as to the stressor letter.

Many vets have numerous stressors- in my opinion it is best to tell them of anything either in your SMRs or other service records or whatever can be verified by the VA-if they have to run something through CURR---or with a buddy statement that can help establish the stressor as proven fact.

I had a vet who found pictures of an inservice event in an old Stars and Stripes article

that he was directly involved in- not combat but a definite stressor.

His unit placement and MOS at the time confirmed that he was definitely part of this stressful event.

I would think that- since you were corpsman- it might help to have some info on some of the ops that you were involved in ,treating wounded vets, as a corpsman.

Even a Corpsman web site could help you if you need to establish a nexus.

Your MOS alone put you into some difficult situations I am sure-

but I dont depend on the VA to always know what an MOS really involves.

For example -An MOS on a DD 214 can often mean very little in a combat situation- a vet might have truck driver as their MOS and the reality is their truck driving MOS could have put them continually into harms way during combat -moving troops or carrying ammo or gasoline etc.

[BoonDoc]

Thanks for the advise Berta.

I hadn't thought about my TDIU claim and that the doctor saying that I was un-employable...that really should help my claim....

After asking if I was on active duty when the stressor occured, he then showed me where he listed PTSD diagnosis on the electronic chart ( computer screen ) so it would be ready for me to file a claim; he said now your ready to file the claim, and that he would list everything that I had told him, and write it so it would help me.

I'm so thankful for the other people, an dall of the data here at Hadit.com so we can research what has worked and see what has not before submitting a claim.

I think I'll go ahead and file for the effective date to be established for the PTSD.

The doctor asked me about "if I snored or not...he said we need to see if I have sleep apnea...I have it, but haven't had the sleep study since I don't want to leave home. My mom just did it and has a CPAP machine I think sp? My wife wakes me up telling me to get on my side..she's learned to do it at a distance since I always come up swinging! I also wakle upmaking snorting sounds but deeper and can't breath.

What in the world would this have to do with PTSD? I'm on a learning curve here, so please any info anyone who has is appreciated.

BoonDoc

[waynes]

me again, You know I was looking at my wifes SMR's and there are a few statements in there that the VA should have caught being proof of some type of nexus to her claim.. Such as being "harassed" and "requesting a transfer", but of course you have to make an effort to read these document to. Could this be a CUE?

[mountain tyme]

me again, You know I was looking at my wifes SMR's and there are a few statements in there that the VA should have caught being proof of some type of nexus to her claim.. Such as being "harassed" and "requesting a transfer", but of course you have to make an effort to read these document to. Could this be a CUE?

Hello...

on the SMR's did it state anywhere what kind of harassement it was? and description of the harassement...earlier in one of your posts I think you mentioned that there were 2 statements that were submitted by a capt. as regards to your wife being haressed (was it stated as sexual?) if so that can be linked to the statements in her SMR's...also requesting a transfer if it was quite sudden that also can be an indication that something was not right with her duty stationed...that is where a buddy statement is critical...if someone can substansiate that she was being sexual harassed by other memebers of her work enviroment that would support her request for a transfer.

A claim for compensatation for MST is no walk in the park if the claim is not developed in a clear picture...

One of the things that were taken into concideration for my grant for SC for MST was that I made a "Time Line" of events that took place and any evidence I had no matter how minor I listed under that time frame...

for example...I filed that In Jan 1979 ..on this date this occured then I listed what happened that month and assigned a letter (a, b,c, ect...) for any evidence I had for that month...to include Dr. Appointments ect. If you wife wrote letters to loved ones at that time those will be taken as evidence...any phone records you have as to calling loved ones back home can be listed it shows an increase in contacting loved ones...also if there was a change in dress and appearance that could also indicate that something was not right...

I don't know what happened but a timeline would help the VA termendously...they can then cross referance the information you send...on the time line use bullets...then referance the bullet to the evidence letter (a, b, c. ect...) so they can go and read it...

I hope this makes sence...

I have kept you in my thoughts and prayers...and will continue..

MT