ptsd Non-combat Ptsd

[Rick]

The local VA rep told me I can't file a claim for ptsd because I wasn't actually in combat. I was a hospital corpsman at the Naval Hosptial in DaNang. I had so many patients die I can't even remember some of them. But I remember many of them. Especially the kids. I have been diagnosed with ptsd at the VA hospital. I have only recently been able to keep from flying into rages when something sets me off. I've been in AA for 7 years now, so I don't combine rage and drunkenness anymore. But my life for over 30 years has been really screwed up by what I carry with me. When the rep told me I couldn't have ptsd I fled from the office so I wouldn't do anything really dumb. Now I'm afraid to go back there. I don't want to lose my control and I also don't want to be humiliated again. Especially by a civillian who's never had blood on her hands. Or her face. I stutter when I try to answer questions about what went down in Nam. I sound like an idiot. I hate it. Can I somehow submit a claim without having to grovel in the local office? Appreciate any advice. Thanks.

[Pete53]

Believe it or not I got some comfort being told by my VA shrink that it was not personal the VA pretty much screwed up all the claims. He further advised me to fill out the paperwork, go to all the appointments and be prepared to wait many months between any action made by the VA,

[Dean]

I found a law that I have used with my uncle way before it came into effect. Do not let anyone tell you anything different than this.

VAOPGCPREC 6-2003 (This opinion addresses whether a veteran’s tobacco-related disability or death may be service connected secondary to a service-connected mental disability, which caused the veteran to use tobacco. 38 U.S.C. § 1103(a) prohibits a finding of service connection of a disability or death resulting from the veteran’s use of tobacco during his service. The General Counsel opinion, however, clarifies that service connection is permissible if the veteran’s disability or death is the result of his post-service use of tobacco, which is caused by a service-connected psychological disability.)

Practice Note

: Representatives should keep this General Counsel opinion in mind when handling PTSD and other mental disability claims. Many emotional disorders and disabilities can lead to the veteran’s chronic tobacco use after service in much the same way that emotional disabilities can lead to veteran’s “self-medication” (drug or alcohol abuse) following service. Of course, there must be medical evidence in the record supporting this secondary theory of service-connected disability or death.)

[BoonDoc]

Welcome fellow Corpsman!

I find myself getting so mad at the VA for the idiots that are working there, but every now and again a few people who really care about vets come my way, so I cant' say they are all bad, but the stats stink!

I have PTSD, and I wasn't in direct combat, I was on ops with the Marines many times, but my stressor isn't from that...I'm so ashamed of what has caused me PTSD that I am having trouble believing it...but the docotr and LCSW assure me that the "Hell" that I've been through is from PTSD.

I would do as others suggest and file ASAP, and don't wait until you get your papers in order, so you don't loose money from the VA's effective date.

I had an idiot tell me that I couldn't file for TDIU because I wasn't at 70% or more , when I told him that I was eligable..he asked in a real smartas way, what law says that you am eligable?, when I told him, he got all pissed, and shiut up and said okay I'm not going to argue with you, what do you want...I said TDIU!!! They are not being taught the whole law, just the part that will help them deny our claims, unless we know what the laws says ourself how can we expect to win a claim with them...the cards are stacked against the vet seeking SC...when will we be allowed an attorney, and due process right at the inital opening of a VA claim!?

You have to do the research yourself, and take it from the law, and not some VA RO emploee, if you expect to win your claim.

Best of luck to you , and welcome again!

Boondoc.

[Vike17]

BoonDoc,

A VA rep I think in this case is a Service Officer from one of the many veterans organizations.

Also, the VA isn't 'telling' theses reps only half of the regulations, those regulations are out there for everyone to see and its not like §4.16 is so long that sub paragraph ( b ) would get missed in the text some where. If VA really didn't want veterans applying for IU without meeting the schedular requirements noted in subparagraph (a), don't you think they would have put that somewhere on the VA Form 21-8940?

To be honest with you, when a veteran askes me to do an IU claim, I tell them both the stipulations in subparagraph (a) and ( b ). Then, I also tell them that there's a snowballs chance in hell that it will be approved under subparagraph ( b ), but I explain to them that an application for IU also acts as a claim for an increase, and once VA receives it, they first evaluate the veteran to see if he/she can be increases to meet the schedular requirements of IU. If the veteran does meet those requirements, then the issue of IU is considered. If the veteran does not meet the schedular requirements of IU, then the RVSR must be convinced in his or her own mind that the veteran is still unable to obtain and maintain a substantial gainful occupation due to the current rating of the service-connected disability at isue. This very, very, very rarely happens, and one reason why that happens is the rating schedule is set up to where if a certain condition becomes so bad to possibly hinder someone from working, then there's gererally a rating percentage for that disability that would then qualify the veteran under subparagraph (a). Once I had a veteran that lost his current job because of his service-connected back (it was rated at 20%). He applied for IU, and on his C&P exam he had a limited range of motion of something like over 55 degrees. The VA came back and continued his 20%, but denied his IU because, first, he didn't meet the schedular requirements of IU, and because they determined with that range of motion he could do some type of light work! Think about it, if you have a back problem and can bend forward that far, then you sure as hell can find some type of light work. Needless to say, the veteran bitches because the VA "screwed" him.

The VA isn't intentionally telling veterans and their reps only half of the regulation. For what its worth, the CFR 38 can be found on VA's website!

Vike 17

Edited January 25, 2007 by Vike17

[Guest allan]

If your filing for non-combat PTSD, you can expect to be treated like a thief.

[Testvet]

when you bring up any issues that occurred during your child hood they automatically diagnose it as Personality Disorder and not PTSD, if you got in trouble as a child either with the law, your parents, school, fight with your brother or sisters then a PTSD claim is going south quick that is what happned during Nam and they are doing it again to the Iraq war vets, so if they have stuff from your youth in your VA file the chances of getting a PTSD claim approved just got worse.....