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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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77 recruit

Just filed an intent to file

Question

I am just starting this journey 42 years after I was assaulted and I've been an anxious mess ever since!

I was having a conversation with another gal when she mentioned she was an MST survivor and is receiving disability for ptds/mst.  Her trauma was 32 years ago and after talking with her I thought it was about time I did something about it.  I went to the local vet center and I was given an appointment to meet with a therapist.  I had NO IDEA this has been available to me all these years.  I have gone to therapists thru the years but would not continue mostly due to cost since it was all out of pocket.  The therapist has set me up on bi-weekly visits and has also suggested an mst group at the VA hospital.

Like everyone else, I feel like the Army just washed their hands of me and "the problem" when I was honorably discharged after a suicide attempt 2 months after the attack.

I am starting to gather documentation, have requested both my service and medical records.  The attacker was a civilian but the attack happened on base.  He was arrested, charged and was  originally sentenced to 40 years.  I called the courthouse in South Carolina and explained that I needed the court records and they put me in touch with the archivist in Atlanta.  They called me back and luckily they had everything.  So I have my proof!  I was worried that my service records would be "lost" and I was being proactive.  It gave me the validation that I needed that the scumbag was sent away to rot!

6 months after the attack and 3 months after I was discharged, I was having terrible pains in my stomach and found out that he had left me with a parting gift.  I was hospitalized that day and put on IV antibiotics for 10 days and they had to go back in had to have a tube removed.  This led to infertility and to years of IVF treatments.  I did have a happy ending and have a beautiful daughter after years of struggle and lots of $$$.

My question is this - The doctor who treated me in 1978 is no longer practicing and my medical records are long gone.  Would a letter from my sister and mother be accepted as proof that this did happen?  The only proof I have is the incision scar from the surgery.

Thanks in advance for your help!

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77 recruit, You should be able to request a copy of your Military (Medical) Records. I was out of the Army for about 25 years before I started this journey. During that time I had moved many times and I no longer had any of my records. I was put in touch with a VSO (a DAV Rep) and they requested all my Military Records for me. Having your records will help you build your claim right and help proofing that the event happen during service.  

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you mention you had everything you needed?

your quote

''

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(IP: 69.250.20.167)

 

Posted Thursday at 05:52 PM

I am just starting this journey 42 years after I was assaulted and I've been an anxious mess ever since!

I was having a conversation with another gal when she mentioned she was an MST survivor and is receiving disability for ptds/mst.  Her trauma was 32 years ago and after talking with her I thought it was about time I did something about it.  I went to the local vet center and I was given an appointment to meet with a therapist.  I had NO IDEA this has been available to me all these years.  I have gone to therapists thru the years but would not continue mostly due to cost since it was all out of pocket.  The therapist has set me up on bi-weekly visits and has also suggested an mst group at the VA hospital.

Like everyone else, I feel like the Army just washed their hands of me and "the problem" when I was honorably discharged after a suicide attempt 2 months after the attack.

I am starting to gather documentation, have requested both my service and medical records.  The attacker was a civilian but the attack happened on base.  He was arrested, charged and was  originally sentenced to 40 years.  I called the courthouse in South Carolina and explained that I needed the court records and they put me in touch with the archivist in Atlanta.  They called me back and luckily they had everything.  So I have my proof!  I was worried that my service records would be "lost" and I was being proactive.  It gave me the validation that I needed that the scumbag was sent away to rot!

you need to get with a MST Coordinator   and ask to be evaluated for MST that happen years ago while in the military on a military base., Plus you need to get in therapy ASAP. if your in therphy  stay there. do not miss a session.

You will be ask what happen how it happen and the date and location it happen,  how its effected you ect,,,ect,,you need police reports as well as your service records   plus medical records military or private  of the event in question.

First thing you need is a Diagnosis of this Mental disorder and the VA MH Docs needs to figure out what the disorder is?...Depression /PTSD Anxiety disorder ect,,ect,,  you can only file on One mental disorder.

The claim for MST is usually evaluated as PTSD depending on what you tell them about how this event effected you and your symptoms  and the date of your claim will be the date you filed , being you filed ITF it will give you a Year to file the MST Claim.   (I doubt they will go back to 1978)

Note: SOME OF THE QUESTION THEY MAY ASK WILL BE HARD FOR YOU BUT ITS QUESTIONS THAT NEED ANSWERS TO.

Edited by Buck52

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


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      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

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    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

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