Need advise on filing a ptsd claim with no combat

[usmcrm65]

I recently tried to file a ptsd claim but was told by the intake officer that I needed to have a diagnosis first.  Background is that I was physically assaulted by a drill sgt in one incident and I had a near downing incident in another incident.  The assault was reported and investigated and they ended up transferring the sgt to another unit.  I have been struggling with nightmares and flashbacks as well as other symptoms of ptsd ever since.  Over time my mental health has gotten worse, not better.  I never discussed it with anyone except my mother who encouraged me to report the incident even though I was to scared to.  I've been ashamed and hiding what I've been going through for years.  Problem is this happened 30 years ago.  My condition is so bad that it's been affecting my work, can't keep a job.  I never really made the connection of my mental issues to what happened to me until recently.  I can't seem to get a appointment with a private doctor to make a diagnosis and I was denied VA health care.  I live in the state of Texas and I'm finding out that it's next to impossible to see private psychiatrist here as a new patient.  It seems the only way to be seen is to be suicidal, which I am not at the moment, but I have been in the past.  Been calling around for 3 days literally talked to 8 different clinics/dr offices and none of them have appointments in the next few month if they are even taking new patient.  Any suggestions?

[usmcrm65]

27 minutes ago, Vync said:

@Berta the link to the Hagel Memo did not show in your response.

@usmcrm65 In addition to the good advice above, you can also visit a Vet Center if you would like to talk to someone face to face. Calling the crisis line is also very helpful, but you don't have to be in crisis. After my heart attack, I called them a couple of times to help deal with anxiety. They are also there 24 x 7.
  Having a claim in the hopper is a good idea. Just keep in mind that the status may bounce back and forth. Don't let that discourage you. At some point, you will get a phone call or a letter in the mail regarding an upcoming Compensation & Pension (C&P) appointment. I included a list of Disability Questionnaires (DBQ's) which the VA uses to perform these exams. This will give you an idea of what kind of questions will be asked during the exam. https://www.benefits.va.gov/compensation/dbq_listbydbqformname.asp
  If your mother happens to be available, you may consider asking her to write you a buddy letter to describe what she observed back then. More information about buddy letters can be found elsewhere here on hadit.com.
  If you have not done so already, get an online account for ebenefits and va.gov. Once you get the account validated, you should be able to check your claim status online. 

Thanks for the info!  Just to clarify, I filed a claim for 5 things excluding the ptsd symptoms.   But I submitted statements from myself and my wife relating to the other claims which mention the ptsd symptoms I've been having.  I'm going to walk into the VA medical center tomorrow and see if I can get help.  Once I have an official diagnosis from a VA doc I will file the ptsd claim.  I created an online account with va.gov so I can see the status of everything.  I'll keep you all posted.  Thanks again for all the info!

[Berta]

The Hagel Memo is explained here with a link:

https://ctveteranslegal.org/wp-content/uploads/2018/05/18.04.16-FINAL-Discharge-Upgrade-Mental-Health-Supplement.pdf

The Kurta Memo in 2017 enhanced the Hagel Memo:

https://ctveteranslegal.org/breaking-news-kurta-memo-expands-pathway-discharge-upgrades-clients/

 

I still don't understand why the VA denied you care- the population of veterans receiving VA health care without a service connected disability is probably very high. The NSC vets locally here  many years ago practically ran the VAMC. One of them pushed right in front of my husband, in line,  a decorated combat veteran, to get an appointment. 

My neighbor was in the VA health care system for about 20 years before he got a SC rating.

I believe you feel you have PTSD but you would need a diagnosis by a VA psychologist or psychiatrist to begin that process. The VA will give you a PTSD C & P exam. Also they will need some info as to your stressor- and it sounds like you certainly do have a documented stressor ( meaning any records of the assault and any medical care you needed) and it pays to get a copy of your SMRs and 201 personnel file, the  SF 180 form is on line at the National archives web site:https://www.archives.gov/

The VA criteria for VA health care is here:

https://www.va.gov/health-care/eligibility/

There is information below that criteria regarding discharges less than Honorable at this link.

 

 

"You may be able to get VA health care benefits if you served in the active military, naval, or air service and didn’t receive a dishonorable discharge.

• If you enlisted after September 7, 1980, or entered active duty after October 16, 1981,you must have served 24 continuous months or the full period for which you were called to active duty, unless any of the descriptions below are true for you.
  
  This minimum duty requirement may not apply if any of these are true. You:

  • Were discharged for a disability that was caused—or made worse—by your active-duty service, or
  • Were discharged for a hardship or “early out,” or
  • Served prior to September 7, 1980

• If you’re a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don’t qualify for VA health care."

[Vync]

2 minutes ago, usmcrm65 said:

Thanks for the info!  Just to clarify, I filed a claim for 5 things excluding the ptsd symptoms.   But I submitted statements from myself and my wife relating to the other claims which mention the ptsd symptoms I've been having.  I'm going to walk into the VA medical center tomorrow and see if I can get help.  Once I have an official diagnosis from a VA doc I will file the ptsd claim.  I created an online account with va.gov so I can see the status of everything.  I'll keep you all posted.  Thanks again for all the info!

Good deal. You still might be held up by the intake team, but it is worth a shot.

At some point, you will get a diagnosis. They might start off with an adjustment disorder, but over time it may change into something else once they deem you have met the criteria. Regardless of the type or number mental health diagnoses, the VA will only grant a single MH rating. Your diagnosis may change over time.

You don't need to have a currently diagnosed mental health condition. The VA will do a C&P exam and might make an initial diagnosis of some sort at that time. If they don't do it at that time, it still might not be bad. There is a concept called "relative equipoise" (a.k.a. benefit of the doubt). If evidence for and against SC is equal, the VA is supposed to find in favor of the veteran. A good example might be a situation where the C&P MH doc says they cannot opine without mere speculation, but you have the buddy letters from yourself and wife, plus whatever else could have been pulled from your service records. In that case, the VA may consider benefit of the doubt. I got my initial MH rating for depression secondary to pain from SC musculoskeletal disabilities SC'd in that manner. I did not have a history of MH visits at that time and the C&P doc did the "mere speculation" thing.