Anecdotal situation related to possible claim?

[Angel Ox]

Hadit community,

I've found many of the information provided by individuals here very helpful. I feel optimistic about future claims for chronic sinusitis, which has had a significant impact on my daily life. In regards to other possible claims, I curious to hear the opinion of some of you seasoned veterans that have been through the claims process. My concern is in regards to a potential depression claim. First, i'll add that I'm a reservist, which may be more difficult to prove connection. I currently don't have any "documented" event, but I feel that an event that happened contributed, in part, to my depression. I was at training and I was in a toxic vehicle, with poor leadership. I had a crew member who, during gunnery, kicked me in the head repeatedly. Nothing was documented, but I did approach my PL about the issue and he noted that if I felt that it was harassing behavior, and I desired to do something, he would act. I soldiered on, and the physical contact didn't continue. I'll note that at the time, my significant other had a legitimate fear that her ex-husband was going to kill her. I feel that this was the major source of stress, which put me on edge. I was formally diagnosed with depression three months later and have struggled with it for four years.

My question is, do you hadit'ers feel that I should pursue a claim? Thanks! 

[broncovet]

Sure.  Persue the claim.  You are gonna need some documentation, tho, to document an "in service event".  

Are you in contact with anyone who may have been a witness?  Buddy letters can suffice to document an "in service event".  

Have you reviewed your service records?  Did you seek medical care while in service for it?  

The "in service event or aggaravation" is but one leg of the caluza triangle you will need for sc.  The 2 others are a current diagnosis, and a nexus.  

[broncovet]

We dont call it "ancedotal evidence".  We call it "lay evidence".  Your buddies are probably competent to describe a violent attack, with you being kicked in the head.  They could not diagnose TBI, depression, or other disorders, but they can describe an attack they witnessed.  

You also need medical evidence, that is, a diagnosis by a doctor and a nexus.  I have no idea if being kicked in the head leads to your depression or not, but a doctor could make such an opinion.  

[Angel Ox]

52 minutes ago, broncovet said:

Sure.  Persue the claim.  You are gonna need some documentation, tho, to document an "in service event".  

Are you in contact with anyone who may have been a witness?  Buddy letters can suffice to document an "in service event".  

Have you reviewed your service records?  Did you seek medical care while in service for it?  

The "in service event or aggaravation" is but one leg of the caluza triangle you will need for sc.  The 2 others are a current diagnosis, and a nexus.  

I'm not in contact with a witness, but I could most likely get a buddy letter from my PL, indicating that I approached him about the issue. The only witness is the gunner, who did the kicking. I'm not thinking he would incriminate himself by agreeing to write a statement, and I'm not going to ask. He is still in my current unit. I have a current diagnosis, and have since 3 months after the training event. I'm not sure about getting the nexus. The onset of mental health isn't often black and white. I would argue that the majority of my stress was due to stuff at home, I believe dealing with being battered was a factor in my current mental health. Do I pursue obtaining a IMO to support a nexus?

[broncovet]

You need all 3:  diagnosis, in service event, and nexus.  A nexus is irrelevant, and wont happen without an in service event.  Just for fun, lets try a nexus statement without an in service event:

It is at least as likely as not that John's current diagnosis of depression is related to an event that "did not happen".   Huh? 

That makes no sense:  You have to have the in service event before you can establish a nexus.  

Often you have to "pay for" an independent medical opinion to provide a nexus, but you still have to have an in service event, no matter what.  

If your efforts do not result in a documented "in service event", then forget all about the nexus.  

Oh, and ask the gunner, too.  He may feel guilty about kicking you, and want to make amends.  Or, maybe it was an accident.