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Denied service connection-Non Combat PTSD

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RTKOOC

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Hey Everyone,

I provided a stressor -my best friend died when his boat sunk and I escorted his body home. The casualty records from when he passed away are not available so that wasn't verified however the VA conceded that he was my close friend as the statement I provided and he was also from my unit. I was diagnosed with PTSD on the VA exam and the Dr. provided a positive medical opinion stating -"the Veteran's current Posttraumatic Stress Disorder is at least as likely as not incurred in and/or caused by the Veteran's death of best friend and escort duty or remains following such death during service."

 I get the decision notice and I kid you not, I was denied and this was their rational - Based on a review of your military personnel records, service treatment records, and additional evidence of record, you did not directly witness the death of your close friend, evidence that you saw the body of your friend, or that you were placed on military orders to escort his remains home. The available evidence is insufficient to confirm a link between current diagnosis and the claimed in-service stressor.

I'm wondering if that's correct. To me, it's pretty obvious that the rater missed the in-service stressor of  Learning that the traumatic event(s) occurred to a close family member or close friend; cases of actual or threatened death must have been violent or accidental.

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Hey Everyone, The death has been verified. By JSRRC as well as him being in my unit. It’s just the matter of not having proof I escorted him home was the raters rational. Not to get into too much detail but his body was swept away and not recovered for 6 month. Not really sure how they could say it’s not related to service. It happened in 1993 they didn’t keep records on escorts back then and according to Casualty and Mortuary Affairs Operations Division (CMAOD) they didn’t keep any paperwork. I contacted the Casualty office at the Army post and they told me there would not be any records in my file it would have been in my friends records and the sent it to CMAOD.  I’m requesting a reconsideration. Hopefully they see the error and correct it. I’ve submitted additional paperwork. Fingers crossed

Edited by RTKOOC
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No.  Its incorrect and appeal it.  What if this were your spouse?  Are you not going to be traumatized if your spouse dies while you are not there?  Its even worse, or it could be, because, you can reason if you were there, she may not have perished.  

I recall reading a case where it pointed out that you need not be a witness to a death..its enough if your good friend dies.   

VA just makes stuff up, and this probably wont stand up on appeal.  You (apparently have the Caluza elements:  1.  current diagnosis, in service event or aggravation and nexus.  You should be good to go.  

Edited by broncovet
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RTKOOC

I Agree with broncovet  (Appeal This)

Rules for Verifying Stressors  > Check out  VA FORM 21 -0781

When a stressor needs to be corroborated for service connection, the VA will look for “credible supporting evidence of the veteran’s account of the in-service stressor.” According to the Court of Appeals for Veterans’ Claims, testimony by itself cannot, as a matter of law, establish the occurrence of an in-service stressor when the stressor was not related to combat or fear of hostile or terrorist activity. This restriction results in many claims being denied because the only proof available is the veteran’s statement. However, this does not have to mean that the claim cannot be service-connected. There are many ways to corroborate a stressor, and the VA is required to assist in doing so.

VA Form 21-0781

It can be hard to recount details of a stressor incident. Because of this, many Veterans actively avoid doing the one thing that might help them the most. The VA Form 21-0781 exists to concisely outline the in-service source of non-combat PTSD so the VA can adequately process the claim. Among other things, the form asks for the approximate date, location, and a brief description of the incident.

But what if the Veteran cannot recall certain details of the incident? Many people have difficulty remembering traumatic moments, especially decades after the fact. Veterans filling out the form should focus on what they do remember instead. Some of the information on the form may be inexactly reported, particularly with regard to the date of the incident, but if the Veteran can pin down a two-month window of time, the VA can send the stressor to be verified with the record keepers. If the estimated date of the incident cannot be narrowed to two months, it is important to try to approximate some period of time in which the VA might search for records.

No Records of the Incident

The VA’s obligation to assist pertains mainly to gathering records. If the incident never made it into the records, the stressor will have to be proved by other means. This scenario occurs often in the case of military sexual trauma (MST), in which the victim wishes to remain silent due to fear of reprisal or feelings of shame.

Corroborating evidence in cases where the stressor incident was not reported can come in the form of other service records, such as performance evaluations. Perhaps the veteran was doing well at work, moving toward a promotion, and suddenly became a substandard member of the team. He or she may have also sought medical treatment for injuries or problems related to the stressful incident, creating a paper trail in the process.

Evidence of an in-service stressor does not always have to come from military service records. Instead, the veteran can have friends, family, spouses, or fellow service-members submit statements about the time of the stressor. Even if the veteran did not tell them about the incident itself, perhaps they noticed the veteran’s personality changing.

Source: Berry Law Firm  (Veterans Disability Attorney's)

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"I provided a stressor -my best friend died when his boat sunk and I escorted his body home. The casualty records from when he passed away are not available so that wasn't verified however the VA conceded that he was my close friend as the statement I provided and he was also from my unit."

"The casualty records from when he passed away are not available."

Did you provide a copy of his Obituary? Many obits are online.

Did you provide any buddy statements from your unit members-?

Can any of his family members verify the facts of the claim?

Just about every if not all military units have web sites and often an area where you can contact other vets in your unit.

"I escorted his body home." Do you have your Personnel File ( 201 file)-it might have some destination /arrival info.

What ship was the boat from?

Buck's article above has some very good info as well.

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PS, since the VA said they already looked into your Personnel records, you might want to get a copy of them and your SMRs yourself. I do not always believe what VA says.

This death would also have been mentioned in the Ship's logs or Morning reports.Did anyone else die with him?

His hometown newspaper might well have a story in their archives on his tragic inservice death.

Edited by Berta
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Ms berta if he is a Vietnam Vet?

.Some unit records were destroyed on purpose...I don't know what happen to mine  unit  ?after the fall of south Vietnam in 1975  I left in 1971 all I got was your unit is no loner in existent.

   lucky I had got home with some old unit records in my duffel bag  like in country travel orders &some morning reports & my short time papers.. Itinerary  separations  papers  to  proceed to new duty station to Saigon  Bien Hoa Air Base  to  Oakland Calif Out Processing Center

How I got home with all that is beyond me ?? me and a buddy stop off in  San Francisco for a night out of drinking and partying with the girls  (of course I was not married)..and one of the girls got into my duffel bag and took some things from me...and left during the night.

Now the Gulf Wars were different from Nam.  so these young veterans should be able to get their records 

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