Can i get 100%?

[wes44]

>I recently submitted a claim through the va for ptsd and schizophrenia. I had applied for ptsd in 2016 but got denied because i had no evidence to submit.  This time i had a good bit of evidence. I think my strongest piece would be a lay letter my mother wrote that details my schizophrenia and ptsd and gives a service connection. These disabities have rendered me unemployable and the letter states that. Since it says im unemployable and my personal relationships are affected,  is that enough to get a 100%? Also how strong are lay letters in the evidence portion of the claim?

[vetquest]

 As Broncovet says you need a nexus.  That is a medical opinion that your condition is at least as likely as not related to your service.

Edited November 18, 2018 by vetquest

[Berta]

Unless you fall into the 2010 PTSD criteria ( available here under a Search) as to, that your service gave you a fear of Hostile fire, and/or close proximity to it)

or you have the CIB, CAR, or PH on your DD 214, you will have to prove the "nexus" , meaning the link to your service.

I have an article here searchable as to what stressors are or are not.

Your PTSD diagnosis will have to come from a VA MH professional.

 

[Berta]

This is the article I meant:

https://community.hadit.com/topic/51577-new-post-defining-a-stressor/

and the 2010 PTSD criteria is explained here:

"38 C.F.R. § 3.304(f) concerns service connection for PTSD. It states that service connection for PTSD requires (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a), (2) a link established by medical evidence between current symptoms and an in service stressor, and (3) credible supporting evidence that the in service stressor occurred. With regard to the stressor element, section 3.304(f)(2) states that if a Veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the Veteran's service, the Veteran's lay testimony alone may establish occurrence of the claimed in-service stressor. Similarly, section 3.304(f)(3) states that if a stressor claimed by a Veteran is related to the Veteran's fear of hostile military or terrorist activity and a medical professional confirms the claimed stressor is adequate to support a diagnosis of PTSD and that the Veteran's symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the Veteran's service, the Veteran's lay testimony alone may establish the occurrence of the claimed in service stressor."

https://www.va.gov/vetapp18/files5/1827252.txt

[Buck52]

wes44 what other evidence do you have that you re-submitted?

you quoted

I think my strongest piece would be a lay letter my mother wrote that details my schizophrenia and ptsd and gives a service ''

unless your mother is a quailfied Dr and works for the VA   this is your least strongest piece of evidence.

...they will take lay statements into consideration AS TO HOW YOUR BEHAVIOR HAS CHANGE BEFORE AND AFTER MILITARY but these statements need to be notarized and the people that write these lay statements  need to say they are not Qualified Dr. just there lay opinions.

''I had applied for ptsd in 2016 but got denied because i had no evidence to submit.  This time i had a good bit of evidence. I think my strongest piece would be a lay letter my mother wrote that details my schizophrenia and ptsd and gives a service connection. These disabities have rendered me unemployable and the letter states that. Since it says im unemployable and my personal relationships are affected,  is that enough to get a 100%? Also how strong are lay letters in the evidence portion of the claim?''

[FormerMember]

One thing I would add to Berta's remark on the requirement that  a VA psychologist/psychiatrist make the diagnosis. If the VA denies you, you are free to obtain a private IMO from a psychiatrist/psychologist that  rebuts the VA finding. Then you have what is known as "equipoise"-as in one positive and one negative diagnosis. They cancel each other out and you get the benefit of the doubt -i.e. you win. I do this every day.

I had an AF Vet who worked the flightline at Tan Son Nhut as a jet engine mechanic. On slow days he'd help unload the incoming wounded and dead and put them in the meat wagon going up to the Hospital. It finally ate his brain and he started snorting junk. He was sent back to the US for drug rehab but he flunked. He cleaned up but wanted out. He had 3.7 yrs in so they let him out... with a DD 257.  Got out and was denied five times since 70. I bought a nexus from my folks at Mednick and got him his win. This is how we do it. I file and let VA deny me. I get the nexus and blow them out of the water. That's why we call it win or die.

Always remember, VA is not allowed to develop negative evidence against you (Mariano v Principi) If they deny, and you provide a positive nexus that is bulletproof, that's all she wrote. You win and live happily ever after. It's a recipe-just like baking cookies. Follow the recipe and you'll get a win.

Happy T day to you all-most especially Theresa but also to my lifelong friends Berta, Loyal and Brett. Live long and prosper.