Undiagnosed ptsd claim

[pro5]

I just filed claims through the va for ptsd and tinnitus as well as other claims but never have been diagnosed for either. The VSO told me that my bronze star, arcom with valor, and CAB would make it a given to get the diagnosis and win the claim.. do the awards really hold that much value in the decision. What should I expect in the process with the va? 

[Buck52]

The awards will help with not having to prove your stressors although you will need a PTSD DSM 5 Diagnose from the VA, You need your STR's and medical records as evidence and where you served in combat, DSD 214 should have that on it..so that should not be a problem  but if you just file a PTSD Claim without a Diagnose  you will be denied.

Get the VA  PTSD Diagnosis and then apply your claim. They will more than likely set you up a  C&P Exam.  they do this to seek out your symptoms to rate you for the PTSD.  What ever your symptoms are they use a mental health rating sheet  to go by that best fits your symptoms.

Edited January 3, 2020 by Buck52

[broncovet]

Gee, I never cease to be amazed the stuff VSO's tell Vets.  You need all 3 Caluza elements to get service connected:

1.  Current diagnosis.  I have no idea if a doc will diagnose you with PTSD or not, but he may very well might.  

2.  In service event or aggravation.  (For PTSD this is called a "stressor").  Its true that if you are a combat Vet, the criteria to establish a stressor is "lessened", and it may even be presumed if you were in actual combat.  

3.  Nexus, or link between your current diagnosis and the in service event.  

    Your VSO can tell you that you will get Service connection as long as you have green hair.  Well, that is true, you will get sc if you have green hair AND all 3 Caluza elements.  

[Dustoff1970]

Just to clarify the good advice given by Bucks and Broconvet you have to have your first initial original diagnosis done by a VA Psychiatrist or a  VA Psychologist with Phd in Clinical Psychology in order to receive official VA service connection for PTSD.  Even if you receive a PTSD diagnosis from a civilian private doctor you still must have the VA doctor diagnosis also.  

Many years ago I was serviced connected for Vietnam PTSD based upon my multiple in VA hospital treatment for PTSD and also diagnosis was done by a VA Psychologist PHd Clinical at a C&P exam in Texas.  In following years all my PTSD diagnosis was done on C&P exams  and treatment notes by VA shrinks and psychologist.

[pro5]

5 hours ago, pro5 said:

Thanks for the input... I knew that sounded a little to easy.. I haven’t been to the va in several years.. had some issues with my doctor and other staff when I first started going... I ended up getting a letter of apology from the director of that va medical center but I never went back to them.. I’ve been to civilian doctors for some of the other issues I have from service.. I’ll just follow through with the process of the claims I’ve filed for now then go from there. 

33 minutes ago, Dustoff 11 said:

 

[vetquest]

Pro5, your journey through the VA will have many ups and downs.  You will meet disrespectful doctors and nurses.  You will be treated as you are attempting to get something that you have not earned.  The VA uses several means to deny veterans benefits, disrespect, delay and deny.  Just smile and know you are fighting for something that you deserve.  Do not let C&P examiners make you angry as some will try to do to show you in a bad light.  Know that the fight is a long one but you can succeed.

[broncovet]

Correct, Dustoff.  Good point.  While IM not sure this has ever been fully "tested" in court, VA is "of the belief" that ONLY VA docs can diagnose Vets PTSD.  

This position is "very Veteran unfriendly" and neglects to mention that Civilian docs often train at the VA, and VA docs are often likewise trained by civilian hosptials.  

So, its, IMHO quite simply a farce that a civilian doc can not diagnose PTSD.  

However, the US Supreme Court "Chevron" states that "agency interpretation" of the laws applies in the absence of decisions which are "arbritrary and capriciaous".  

Defaulting to VA's intreptation of its own rules is highly inconsistent with the so called "claimant friendly" VA system.  

Im hoping a Veteran can challenge "Cheveron deference".  It was challenged last year, but the US Supreme court stopped short of actually overturning Cheveron Deference.  

https://www.supremecourt.gov/opinions/18pdf/18-15_9p6b.pdf

An egregarious vilation of the VA "interpreting their own regulations" to benefit themselves may overturn it.  Example:

The VA is supposed to give "expiditious treatment" to Vets who have been remanded by CAVC.  

So, what is VA's defination of "expiditious treatment".  The VA interprets it to mean:

Expiditious treatment as defined by VA:

Quote

This means whenever VA "gets around to it."  It can be 5 years, 10, years, or 20 or more years.  Of course, the VA has the excuse, "gee isnt this backlog awful?"  Were sorry it took 40 years for you, but every claim is different so we can not put a time limit on "expiditious treatment".  

HOWEVER, if a VA employee's check gets messed up, then its fixed "expiditiously" which means "by the following payday" in 2 weeks.