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Usaf9498

Question

I sat down and typed this out and tried to put down everything that is bothering me. Would you guys mind taking a look at it and giving me some feedback. I tried not to ramble and make it all jumbled but I just have so much going through my head right now. 

Thank you for any feedback and criticism

Personal Statement PTSD.pdf

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This is a very heartfelt statement and your symptoms and diagnosis certainly support a PTSD claim.

The 2010 PTSD regulations ( available hear under a search, involve 'fear' of hostile activity, which can certainly bring anxiety, many years after the stressor occurred.

Question- you stated in the pdf  that VA benefits had been granted....what do you mean- do you have any SC ratings and compensation now?

If I were you I would certainly claim the PTSD and tinnitus and the hearing loss.

Do you have your SMRs and your 201 military Personnel file?

Does your discharge certificate indicate the tinnitus or anxiety?

The only concern I have is if VA does not concede your stressor-under the 2010 regulations....

what proof do you have that you were ,by virtue of your MOS, at the scene of this horrific event?

Did this involve most or all of the unit you were in?

I really do not think you will have problems with this claim for PTSD,  but after 34 years of dealing with PTSD veterans in a vet center and then via the internet ( plus I married a PTSD vet and most of our friends had PTSD)

I always look for the pitfalls that VA can create. 

https://community.hadit.com/topic/55367-2010-ptsd-regulations/

I do feel they should concede your stressor per these regulations-

they state:

"If VA determines either that the veteran did not engage in combat with the enemy or that the veteran did engage in combat, but that the alleged stressor is not combat related, the veteran's lay testimony, by itself, is not sufficient to establish the occurrence of the alleged stressor. Instead, the record must contain credible supporting evidence that corroborates the veteran's testimony or statements. 38 C.F.R. § 3.304(f); Stone v. Nicholson, 480 F.3d 1111 (Fed. Cir. 2007); Cohen v. Brown, 10 Vet. App. 128, 147 (1997); Moreau v. Brown, 9 Vet. App. 389, 395 (1996)"

but also the regulation adds:

"However, corroboration of every detail of a claimed stressor, including the veteran's personal participation, is not required; rather, a veteran only needs to offer independent evidence of a stressful event that is sufficient to imply his or her personal exposure. See Pentecost v. Principi, 16 Vet. App. 124, 128 (2002) (quoting Suozzi v. Brown, 10 Vet. App. 307 (1997)). In other words, the veteran's presence with the unit at the time such attacks occurred corroborates his statement that he experienced such attacks personally. Suozzi v. Brown, 10 Vet. App. 307, 311 (1997)."

Proof of your unit being affected by this should definitely satisfy the regulation.

I am glad you are getting help from the VA. PTSD can affect the entire family. It is not your fault . I criticize the VA  a lot for many good reasons, but I do believe, between their therapy sessions and also VA vet centers, that give the vet a chance to be with other PTSD vets who understand exactly what they deal with, I believe the VA sure knows what they are doing to treat PTSD. 

 

 

 

 

 

 

 

 

Edited by Berta
added reg link

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

I think its a fair assumption of his statment of case  just be sure and go back an re read things  because you don't want to  be speculating on any medical problems  were not Dr's So let the Dr's do the medical speculating or just be careful with that part.

It is true a combat veteran don't need to prove their strssor's  but I added them with my PTSD Claim Just to be safe or being extra cautious...my C&P PTSD Examiner  mention to me that she had read my medical records and service unit records and would not ask me about my strssor's but some examiners will so if you include them in your evidence  they may not  ask you about them?

   and besides its on your DD 214 where you were and unit name and locations time and dates of any operations that you participated in and should have all your award metals /robbins CIB ect,,ect,,

You statement seems ok to me.

When we can back up what we say in our statment  that's usually all we need.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

So file it..you should get a letter from your R.O. or an Appointed R.O. that they have recieved your claim for PTSD AND within 3 to 4 weeks after you file to let you know they have scheduled you a C&P date and time and location...do not miss it.  or if its on a date you can't make it call your R.O. ASAP and ask to rescheduled.

&Always get it confirmed that you called. ask them to send you an email if they reschedule.

As for as an Appointed R.O. it depends on how log up your R.O. is ?and to rather or not they send it to another R.O. that is not so busy.

 

My R.O. Is Waco Tx They sent my PTSD Claim to the Salt Lake City Ut  R.O.  You likely won't know until you get your decision,  unless they need more evidence or more information about your claim.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Buck, he did have a C & P exam , I just found it under search and it went very well.

He has the diagnosis of PTSD and also the exam revealed no other etiology for the stress, except for the bombing incident.

I think he will do OK. And I think I suggested to him in another post to file a DD 149 to make sure he has all of his decorations and awards on his DD214- if not they will issue a DD 215.

This was not a 'combat' situation but certainly involved 'hostile activity'. I found some BVA cases as well on this same incident and posted them here somewhere. He could have been killed in it.

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

OIC

Roger that Ms berta.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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2 hours ago, Berta said:

Question- you stated in the pdf  that VA benefits had been granted....what do you mean- do you have any SC ratings and compensation now?

What I meant by that is that I was granted healthcare by the VA since I served in the timeframe granting me priority group 6. I have no SC ratings at this time. 

 

2 hours ago, Berta said:

Do you have your SMRs and your 201 military Personnel file?

Does your discharge certificate indicate the tinnitus or anxiety?

I faxed in my request to Vetrecs at the National Archives about 2 weeks ago. Should hopefully be getting them in a couple of weeks. 

 

2 hours ago, Berta said:

what proof do you have that you were ,by virtue of your MOS, at the scene of this horrific event?

Did this involve most or all of the unit you were in?

Right now I have my statement, a buddy statement from a roommate that although he was not there, he was my roommate so he knew I was deployed. I also have a statement from my mom telling of her driving in to work and heard about the bombing on the radio. She contacted the Red Cross who eventually got her my First Seargents number back in South Carolina and he was able to confirm days later that I was in fact still alive. 

Everyone living at Khobar Towers was there on Temporary Duty Assignment as was assigned to the 4404th Air Wing in support of Operation Southern Watch, so yes, everyone was involved. 

My DD214 shows an Armed Forces Expeditionary Medal with an oak leaf cluster so I was awarded it twice. Once would have been for Southern Watch and one would have been for Northen Watch flying out of Turkey. For some reason we were not awarded one for a TDY to Bahrain.

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