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Kevin Hollins

C&P exam ptsd

Question

I admitted during a C&P exam for PTSD  having a DUI back in 1988, my PTSD was caused during incident that I experience while I served on board ship, never had another incident, will this be used to deny my claim?  

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The answer turns, IMHO, on whether or not your doctor stated something close to:

"The Veteran's (incident on board ship) was due to the Veterans own willful misconduct".  

In other words, if you get into trouble, especially with alcohol in the service, the doctor makes a judgement call as to whether or not (your in service injury) was due to willful misconduct.

If this doc said you were guilty of willful misconduct, this will likely preclude SC.  

However, if they denied benefits because of getting drunk or stoned ONCE, the VA would go out of business and shut down.  

If the VA does not have evidence in your file that your (incident on board ship) was due to your willful misconduct, then you should be okay.  

"Willful misconduct" determination is made "at the time of the incident", and not years later when we apply for benefits.  If the doctor does "not" state whether this was willful misconduct, then its presumed your incident was not willful misconduct.  

The doc has to say its willful misconduct.  

However, your admission to the c and p examiner "can be used as evidence against you".  

The short answer is we dont know if your statement will lead to a denial or not.  This will likely be a judgement call by the decision maker, and, it can be appealed.  

Looking to the future, you are not medically competent to diagnose your own illnesses, so I would also presume you are not competent to determine "willful misconduct"..a medical determination.  

Therefore, altho your statement(s) can be used against you, You can not diagnose yourself, and you can not determine "willful misconduct".  This is just my opinion, and a decision maker may decide otherwise.  

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No.  I had two dui.  One in service and one out of service.  Last one was over 10 years ago.  The first one in service had nothing to do with the things that caused PTSD (and TBI in my case).  I told them everything.  I told them I binged drink back in my military days too; and occasionally when I got out.  Same with MJ use.  TBI was a different story.  I did have a C&P examiner try to vaguely blame cognitive issues on alcohol and MJ.  She will loose as I have 3 other opinions stating otherwise.  But it is the VA.  They may disregard the 3 nexus and dbq's and go with hers.  They will loose.

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the answer is situational and contextual. Broncovet is on target.

If your DUI was related somehow to the event on the ship...like you got drunk, got arrested, went back to ship still drunk, and THEN had the event, then yes they can make a causal chain argument.

If you were documented, before the event, to be drunk on duty or hungover on duty, then the DUI would just be another brick in the wall.

If however the DUI and or any record of drunk on duty, bad behavior, etc, happened AFTER your in-service event, then it can be made to work in your favor. It would amount to "see bad thing XXX happened and I started falling apart right then.. "
 

Until you get a decision from the VA, there is not much any of us can really say that will directly help you.

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It was after the incident when the ship returned to port while at sea  me seeing my Shipmate die at sea and me almost getting washed overboard during a bad storm where I was ordered to do a very hazardous task  

Thanks for your feedback

Edited by Kevin Hollins

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5 minutes ago, Kevin Hollins said:

Thanks for your feedback

I believe everyone here is supportive of you, and it is great that you responded with that info.

sadly my last sentence in that post still applies.

Until you get a decision from the VA, there is not much any of us can really say that will directly help you.

If you want to start redacting the evidence you have while you wait for the BBE that would be a good use of time. Then redact the BBE if it doesn't award you what you are asking for, and then post all of them so we can help suggest things to attack that potential denial.

If you have not ordered your C-file I would suggest you do that now, it takes like six months these days and your C&P is likely to already be there by the time they create your cdrom.

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