PTSD due to MST claim

[Jojotupelo]

I am filing a supplemental claim this week and have had absolutely no help from my VA whatsoever in 3 years, and have can not find a VSO that has experience with a claim like mine so was looking for help.  A little background....

Originally filed 2017.... denied.. reviewed due to mishandling by the VA and subsequently denied again for "no new or relevant evidence" (even though it was reopened by the VA, not appealed by me, and the burden of producing any new evidence was not mine because it was a review) Within my Cfile the review officers found errors, just small ones like overlooking evidence, not giving me a c and p exam,  and they wrote in there if they had not committed these errors the decision would have been different. But even with all of this,  when I file the claim is going to be put right back in the hands of the morons who have f***ed me over twice already!! So..... hope do I have my claim moved to a different regional office, and I'd there someone I could present my evidence to to get an opinion of my claim and what I might need ? Thanks for any advice

[Berta]

There are many ways to support a PTSD MST claim:

https://community.hadit.com/forum/126-mst-military-sexual-trauma/

Many vets here have succeeded in those types of claims, with buddy letters of evidence of an "outcry", and  also Military Personnel records can reveal a sudden change in performance, and even reveal documented transfers that were due to the MST.

Did I understand the VA did not give you a C & P exam?

We can help more if we can read the denial- please cover your C file # name, address prior to scanning it and attaching it here.

There is a new forum here for denial letters.

So far a few I have asked here to attach their denials have not posted in that forum or anywhere else yet.

Are you in treatment for PTSD ?

[Buck52]

Jojotupelo ''quoted''

''Within my Cfile the review officers found errors, just small ones like overlooking evidence, not giving me a c and p exam,  and they wrote in there if they had not committed these errors the decision would have been different.''  '' But even with all of this,  when I file the claim is going to be put right back in the hands of the morons who have f***ed me over twice already!!''

DO YOU HAVE THE LETTER THEY MENTION ''IF THEY HAD NOT COMMITTED THESE ERRORS THE DECISION WOULD HAVE BEEN DIFFERENT''??

WHEN YOU FILE A CLAIM THEY NORMALLY SEND IT OUT TO AN R.O. THAT IS NOT AS BUSY AS OTHER R.O.  SO WE DON'T KNOW WHO WILL GET THE CLAIM  UNTIL YOUR CONTACTED BY THE R.O. THAT RECIEVES THE CLAIM.

EXAMPLE,  MY R.O. IS WACO TX, MY (PTSD CLAIM) WAS SENT TO THE Salt Lake City Ut  R.O. for processing.

 

Again when you read these post here on hadit  please send a copy of your denial (cover out personal information such as your name,address and claim#  because this is a public web site.

 

Edited October 27, 2020 by Buck52

[Berta]

Did the VA advise you as to records, as within this BVA decision, that would be credible supporting evidence of the MST??

https://www.va.gov/vetapp19/files9/19168707.txt

"Nevertheless, if a PTSD claim is based on in-service personal assault, evidence from sources other than the veteran’s service records may corroborate the veteran’s account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted disease; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. VA will not deny a PTSD claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran’s service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred. 38 C.F.R. § 3.304(f)(5)."

The key part is this:

"VA will not deny a PTSD claim that is based on in-service personal assault without first advising the claimant that evidence....etc"

The above MST PTSD claim was granted as well as these recent ones too:

https://www.va.gov/vetapp19/files12/19193821.txt

https://www.va.gov/vetapp20/files1/20002200.txt

This next award , granted, MST PTSD, makes this statement:

"Here, even though the Veteran provided a statement for his claim of PTSD secondary to personal assault on the requisite VA Form, VA did not inform the Veteran as noted in the above paragraph regarding that evidence from other sources may constitute credible supporting evidence of the stressor. However, in light of the fully favorable decision herein, no further discussion of compliance with that requirement is necessary. Mlechick v. Mansfield, 503 F.3d 1340 (Fed. Cir. 2007)."

https://www.va.gov/vetapp20/files2/20012773.txt

In spite of the error by VA ( which could be the case in your claim if they did NOT advise you under VA case law as above))the veteran had provided enough info for an award.

I am assuming that they denied due to no new and Relevant evidence, as you said :

"Originally filed 2017.... denied.. reviewed due to mishandling by the VA and subsequently denied again for "no new or relevant evidence" (even though it was reopened by the VA, not appealed by me, and the burden of producing any new evidence was not mine because it was a review) Within my Cfile the review officers found errors, just small ones like overlooking evidence, not giving me a c and p exam,  and they wrote in there if they had not committed these errors the decision would have been different."

But, as you said " the burden of producing any new evidence was not mine because it was a review"-yet

it is your burden to do that, But if they erred as in the above BVA case, without advising you of what constitutes new and relevant evidence, it could be an error that would alter the decision.

For you legal beagles 

https://www.leagle.com/decision/20071843503f3d134011835  

referred to in https://www.va.gov/vetapp20/files2/20012773.txt

This is an old case of "prejudicial error" due to a VCAA violation.

I had quite a battle over a VCAA error years ago- not only with the VA, but also with my absolutely incompetent vet reps. I always believed that due to my 43 page complaint to the OGC on them that this is what triggered a BIG change in their behavior ( even their director was canned)but I now believe it was due too contacting their boss as well- this was a State Vet Affairs division and I contacted their boss, the Governor, state of NY.

If the VA does not provide us with adequate VCAA notice ( known as the 5103 waiver now)that should be raised on appeal.

I have had that happen to me again and am fighting it aggressively-

The BVA awarded my claim anyhow, in spite of the error because my evidence was "at least " in Relative Equipoise,  and I had overwhelming evidence, that my RO continued to ignore.

If you get a faulty 5103 waiver, it MUST be corrected.ASAP!