Recent VA Appeal

[TMannfish]

Hi, I'm new here.  I just completed my VA appeal in front of the law judge last week.  I'm 90% on a service connected back injury, trying to get IU and a new rating for PTSD.  The judge seemed to be satisfied with the new evidence on my back injury, but she requested a Nexus letter for the PTSD.  Unfortunately  my VA psychiatrist left in 2017 so I have an appointment to meet with my VA primary care MD this coming week to see if he will give me at least a Nexus statement stating " more likely than not " that my PTSD is due to my combat history.  

With so much emphasis being put on this Nexus statement, I also had my neurosurgeon add to his last supporting letter for my appeal the statement  " more likely than not " that my chronic spine condition is related to my service connected injury to better my chances on IU.  

My question is this... Since I have only a statement and not the Nexus letter format, will this still be acceptable with the VA law judge??

Thanks for any thoughts... 

TMannfish

[Berta]

Right!- I need to change my opinion-the VA probably already has determined there were no combat awards on your DD 214- so they didnt concede the nexus.

A doctor also cannot give an eye wtness account either-unless they were in your unit and witnessed the stressor as well-

that is how VA conceded my husband's stressor the same day he went to the VA. 1983 . I already told that story here-A VA employee, a Vietnam vet as well,  started to talk to him after an 'incident' at the VA The vet finally told him he was also the Hospital Director- and also a  shrink when Rod started to tell him of a flashback he had when the incident occurred.He thought he was going to be arrested.Instead the director gave him a buddy statement- because he had been called to the scene of the volunteer job in Vietnam because it was so horrific he had to treat some vets right away, as a shrink. Only the few USMC volunteers and a few doctors knew the details Rod knew. This does not happen often but possible- the Director filed a PTSD claim right away with his buddy statement and he got his award SC for PTSD a few months later in 1983.

You must have mentioned to VA  a stressor or more than one in combat- they want proof of that.

I have an article here on what can raise to the level of stressor for VA purposes:

 

 

 

[broncovet]

True, Berta, but isnt it also mostly true that the va doc is "conceding" the stressor (that is, he is assuming there was some stressor) when the VA doc diagnose PTSD.  That is, you cant have PTSD without a stressor.  Of course, the VA is nosey and wants to know what that stressor is, so it can fall apart there.  

Many real Vets "dont" or "wont" talk about their service and what happened.  Unfortunately, this attitude can be fatal to their claim.  This is especially true when something very ugly happened.  Sometimes, a Vet will tell his story "only to a Vet".  We had a Vn Vet at our church that I spoke with.  He opened up to me, while he would not open up to others, even his wife.  What he told me was so amazing it was unbelievable.  I have no doubt it was true, tho, he had no reason to lie to me.  

He said he was in Vietnam and every single man in his unit, except him, was killed.  So, they sent about 50 new men, and every single one of them was dead in a few weeks.  This happened 3 times.  Once, a newbie started a conversation with him.  "Hey, Im from Illinois, where are you from?"   My friend would not speak to him as he said he knew he would be dead by the end of the week.  He died that day.  He said the actual battle hardens you and the training they provided did not prepare them for the realities of the battlefiled.  There was no one left in the battlefield to promote him, so the new group of people was his same rank.  He did not want to tell them what to do, because, he knew, he too could be wrong and get somone killed.  

[broncovet]

The thing is, of course, there are possible stressors that have nothing to do with the military:  A car wreck, fight, sex trauma, etc. etc..everything that can happen on the battlefield can often also happen in civilian life.  

YOU have to show the stressor was from military, not your car accident 3 years later.  As Berta pointed out, for combat Vets, they relax the stressor requirements.  But not for non combat Vets.  

Edited November 26, 2018 by broncovet

[Berta]

Yeah, there were a few combat vets when I worked at the Vet Center who would not talk about their stressors.

But their DD 214s and decorations etc said it all ( and their MOS)

I was also a volunteer at the local VA when we moved to NY- and heard plenty of stories-

When my husband was in the 21 day inhouse PTSD program, one of the vets was a wannabee- 

he contacted me after my husband died and sent me his 17 page BVA decision.

He had given the VA some stressors but not one of them could be proven.He said he had no friends in service and never wrote home about the war.The other vets in the program at Buffalo called me up asking how did this vet even get into the 21 day stuff-they knew he was a wannabee.

Odd thing is -I learned a lot from trying to help him- I did lots of research for him, and he did have a PTSD diagnosis, and told me he always wore cameos and had pungy sticks around the cabin he lived in ,in the woods of NY. Then again, we went to some shindig at the VA when we first moved to NY and my husband had on cameos and I had on a cameo jacket he bought for me- he had all sorts of patches on his cameos and of course the USMC cap ( He never wore cameos in Vietnam- 1965 USMC Danang-they wore utilities but he wanted to fit in with the other Vietnam vets at the vet center- some wore cameos in Vietnam and still did.)

When I got out of the car , a vet with a VVA cap on came over to me and asked if I was a vet-I said no but my husband is- he was still looking for a parking spot- but I said I am a member of the VVA ( Vietnam Veterans of America)(one of their first civilian associate members )so he invited us to their next VVA meeting.

A few years later it was in all the local papers, he was a Vietnam wannabee....no Vietnam service at all but had been elected as president of this VVA chapter. Another guy pulled this same thing in Rochester- not even a vet- but when they found out ,they still wanted him to be the Chapter president because he had done so much for vets already.

I too have heard some rather incredible stressor stories-but I leave it up to the vet to find the proof of them.

The 21 day vet never got his 100% temp inhouse comp. He should have never been put into that program.

When I picked up my husband at the local VAMC after the 21 days- he said it was a good program but he really needed a year there, because he spent a year in Hell. It did help him but he died a few weeks after he returned home and never saw his 100%  & T SC PTSD posthumous award.

I sure am not suggesting this poster here is a wannabee....and these days it is far easer than ever to find proof of a stressor.

Also I think the article aove mentions how often DD214s do not reflect the proper awards and decorations veteras get- They need to file for a DD 215 with a DD 149 form.

At least my husband got his 215 before he died- he was proud of what they had added------but a few hours later he went into a rage- those awards signified so many deaths, so much horror...

 

 

 

 

 

 

 

 

 

Edited November 26, 2018 by Berta

[Buck52]

I agree with broncovet and Ms berta

you need the nexus letter

'' The judge seemed to be satisfied with the new evidence on my back injury, but she requested a Nexus letter for the PTSD.''

you can ask your PCP to read some of your military records (if he/she has the time?) and request a short nexus opinion about your military service as to your stressors.

..Usually the VA will take combat reports or morning reports as to the event that caused your stressor's ,or any military record putting you at the event of the stressor date and location. you can also use buddy statments.

but your DD 214 Should have the CIB on it and you can say in your lay statment as for as my stressor Please see my DD -214 For my  CIB (Combat Infantry Badge)

Edited November 26, 2018 by Buck52

[TMannfish]

On 11/26/2018 at 7:44 AM, Berta said:

The nexus statement and/or proof of the stressor (s) is the most important part of a PTSD claim-

A  VA diagnosis of PTSD is only half way up the hill. 

The 2010 changes to the PTSD regulations made it easier for OIF/OEF vets to succeed,- does your DD214 reflect your combat history?

Meaning is there a CAR, CIB, or PH on your DD 214?  If so the VA almost aways will concede the stressor.

You dont have much time- there are many ways to prove a stressor- unless you can get a good nexus from 

the doctor.

Berta, I got the letter today from my VA primary care MD that states my PTSD is " more likely than not " related to my military service.  As for anything being on my DD214, there is nothing listed on that.