PTSD claim accepted. MST deferred. What does this mean

[LadyMC]

I submitted a claims for ptsd through the VA due to sexual assault in active duty.  I was just informed by my VSO that I was awarded 30% for PTSD and the MST is deferred.  What does this mean?   Also she explained that I was only awarded 30% due to what boxes the C&P examiner checked.  She read me the ones not checked and I know that several of them should have been according to the things we discussed in the exam.  I am very new to all of this and it has taken me years to get to a point where I could talk about this enough to even file and no I feel as if my experience has just been minimized.  

[Maggiebell]

I think it means that the decision for the MST claim relating to your PTSD has been delayed. They are saying you have PTSD AT A 30% level BUT was it caused by MST? Maybe someone else will come along and correct me if I am wrong. In the mean time don't give up, YOU know what caused YOUR PTSD. Good luck!!!!!

[GBArmy]

LadyMC Congrats! Yes, congrats are in order. You have gone thru a lot, really stressed out and it has been an ordeal. But, you won! This is great. I'm not making light of the fact that you believe your claim was low-balled. Quite possibly it was. So, join the club. MOST of us are in the same boat. So, first things first. Celebrate the fact that you won. That is a big hurdle. The VA has admitted your MH is service-connected. Now, there are a couple of things you need to do. You need the VA's decision letter. You need to know what the basis for decision is. You want to know what your MH condition is.  Maggiebell is most likely correct; you have a partial decision. The MST part is being further developed. You may need an additional C&P or the VA has to review some records that were not available but referenced in the decision. Or something. Until you can get clarification as to where your at from the other half of the claim, you don't know what your next course of action is. Get the decision letter and let us know what it says. There is no reason for us to speculate; you have to know what they are up to. 

[broncovet]

"Deferred" means you should get a decision on MST later.  Not much you can do now, but wait, and, Congratulations, as GB Army said.  

[LadyMC]

Thanks.  This is all very very new to me.  It has certainly been an ordeal.  I did not know that I could even file a claim for this until about a year ago. Then it took me almost a year to even be able to walk into the VA office.  This is something I’ve been dealing with for years.   Do you think the rating will go up when they finish the MST decision? Is that possible? 

[Former Member]

I am puzzled by this-

If the 30% was awarded ( as service connected )for the PTSD from the MST , then why was the MST claim deferred?

I agree with Maggiebell.

I hope you  provided probative evidence of the MST.

It is a baffling statement-

 

[Buck52]

They could give a higher rating  depending on the deferred claim to MST? 

They will most likely re read your statements and look at the evidence  and you may get another C&P Exam   due to the symptoms  not being check off correct during your first C&P Exam.  I would think this type trauma  would render a 70%.rating!!!  depending on severity of your symptoms.

And if your in treatment  seeing a Therapist. 

[flow1972]

As others have said, Congrats to you.  From one survivor to another.  I will tell you though...no clue what the deferment means.  Mine was connected as PTSD "due to" MST.  There isn't a code for "MST" that I'm aware of.  After what I saw happen with my Asthma "increase" claim though...I've learned that there are some really "new" or "untrained" people handling claims these days though...so it may be a total mistake.  Did you claim or discuss anything else related to the PTSD though?  Is it possible you were SC'd at 30% on something else and the MST/PTSD claim was deferred? You can logon to ebenefits and look at your disability list to see "what's on there" for sure.  As someone who was like you and didn't know anything about having this benefit available to me for more than 20 years...welcome.  Also....I'd suggest creating a list of any other conditions you may get treated for that can be caused by or affected by stress....get those SC'd as secondaries as soon as possible.  I got my Raynaud's, IBS/GERD, and heart arrhythmia connected secondary to my PTSD.

[Former Member]

I agree that something is wrong here.....possibly a mistake....

then again I have VAOLA Paranoia because I know they (VA)sure make many mistakes-and so do vet reps and VSOs.

It is highly unlikely that a C & P doctor gave a Rating.....that is the job of the claims raters- so I think maybe the VSO took a guess a the 30%, based on the boxes that were checked.

Did the examiner give any nexus statement at all?

If they did state they felt it was ' as likely as not' that the PTSD came from a service incident ( the MST)-

the VA will consider your SMRs and the proof you supplied to actually service connect the PTSD as due to inservice PTSD.

Edited- I mean inservice MST- sorry-

I have had personal  experience with vets who were diagnosed with PTSD, but who got a NSC rating because they could not prove the stressor that caused it.The BVA has many denials based on that as well.

What I see here from your post is that you were diagnosed with PTSD at a C & P exam.

The claim has been deferred for the VA to determine if the PTSD is going to be service connected, considering all evidence of record. The VA will also determine the rating.

That is the VA's job, not a C & P  examiner's job.

 

 

 

 

Edited January 27, 2021 by Berta
spelling (see edit history)

[Buck52]

  I believe the C&P Examiners play a big roll in getting a rating in a PTSD  C&P Examination.

They don't just read the records  they watch the veteran the whole time during the exam   how he displayed body motions facial expressions  ect,,ect,, the whole 9 yards   Maybe not all C&P Examiners for PTSD do this  but Mine sure did..

The C&P examiner for a PTSD Claim  can sure make it hard on the Veteran, depending what boxes the C&P Examiner checks during the exam for the symptoms the veterans shows on record and at the exam its self. 

Id say 95% of the VA Raters go by what the C&P Examiners checks in those Boxes

[Former Member]

To support what I stated this is from a 2020 BVA denial:

In part:

"A PTSD claim based on military sexual trauma (MST) or in-service personal assault allows evidence from sources other than service records to corroborate an account of the stressor incident. 38 C.F.R. § 3.304(f)(5). 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 diseases; and statements from family members, roommates, fellow service members, or clergy. Id. 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. Id. In addition, medical opinion evidence may be submitted for use in determining whether the occurrence of a stressor is corroborated. Id.

In contrast to other types of claims, an after-the-fact opinion from a qualified medical or mental health professional that behavior changes during service are consistent with the occurrence of a reported personal or sexual assault may corroborate the occurrence of an MST stressor to establish PTSD. Patton v. West, 12 Vet. App. 272, 279-80 (1999); see also Menegassi v. Shinseki, 638 F.3d 1379, 1382 (Fed. Cir. 2011).

VA is not required to grant service connection just because a health care professional accepts a claimant’s description of experiences during service as credible and provides a diagnosis of PTSD on that basis. Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992). The adequacy of a reported stressor to cause PTSD is a medical determination, but the occurrence of the event alleged as a stressor that caused PTSD is an adjudicative determination. Zarycki v. Brown, 6 Vet. App. 91, 97-98 (1993). Similarly, the Board may still weigh any medical opinion evidence submitted or obtained under 38 C.F.R. § 3.304(f)(5) in context with other record evidence, and the mere submission of a medical opinion does not preclude the Board from making a factual determination regarding the weight to be given to that opinion concerning the stressor or diagnosis. Menegassi, 638 F.3d at 1382 n.1."

There is more to this decision however the result is:

"In summary, the preponderance of the evidence is against service connection PTSD or another acquired psychiatric or mental health disorder. The most probative evidence does not establish an injury, disease, or traumatic event (stressor) during active service or a nexus between any such event and a current disability. There is no reasonable doubt to resolve in the Appellant’s favor, and the appeal is denied."

Of course many MST claims are granted as well but those veterans have proven their nexus to service, which- as our forum on MST shows, there are many ways to prove a MST happened in service.

I hope the others here will provide more input on their belief that the MST has,in fact, been service connected...or will be.

And if it is, you can always appeal the rating if you feel it is to low.

Thisis the decision for the quotes above:

https://www.va.gov/vetapp20/files10/a20015722.txt            October 2020

In this case the BVA granted PTDSD for MST:

https://www.va.gov/vetapp20/files10/20069212.txt           October 2020

In this case the veteran raised a MST inservice issue at a hearing and the case was remanded for another C & P exam and for more info from the veteran:

 

https://www.va.gov/vetapp20/files10/a20015354.txt

 

[Buck52]

Just my opinion  and from what I've seen for veterans filing for MST

Get with the VA  MH  MST Coordinator   When a Veteran has had MST from  years past and decides to get help from the VA  that is a Major Step for that Veteran,  after the indent  or the attact  its normal for a person to go into a shell and keep the trauma  memories to them self  this can happen for years and years  until they can't hide their emotions /pain anymore and wants help.

The Veteran has to make the first move (so-to-speak)  by asking for help.

The VA MH Coordinator is the best person to see first  this is the person you can talk to  and after you tell this coordinator all you can  you won't have to tell anyone else   you will see the Shrinks  but they will have it all on paper so you won't have to go through telling your story of what happen anymore.

  The VA MH coordinator  will make a record of it the first time you see him/er  they normally will start you in a treatment plan that best fits..it will be hard for the first few weeks  but after you start treatment  it can help you   they may not can cure you completely but they  can teach you the skills& tools to live with this a lot better that you do now.....

I recommend all  Veterans of MST Victims seek professional help first  and then think about filing a compensation claim.

This Maybe the only claim where the Veteran has the benefit of the doubt can use that helps in their defense,  if no records don't mean your claim will not be approved but you need to provide some information that maybe disturbing to you  to re hash it all over again   and if they find your story to be of merit   then you should be approved.   records can be police reports  unit reports  hospital records military records  any record that shows evidence of the trauma experience,  close to the date as possible & buddy statements, people that were around at the time of the incident  ect,,ect,,,

(jmo)

 

[Buck52]

To the OP

You may check on this C&P EXAMINER CREDITIALS and make sure he/she was qualified to work the exam.

if he/she was not   then you can request another exam based on the credentials of this examiner  was not qualified to render a MH medical opinion.

MST exams  the examiner needs to be professionally qualified.

[john999]

Buc.....what you said about C&P examinations is so true.  I think the VA goes 95% with the exam. If exam doctor says you are a basket casthe VA just excepts that because they are lazy.  I did get a great exam from LHI lately, but I was so suspicious of them regarding any mental health exam for an increase I did not do it.  I was already 70% for a combination of mental conditions I just left it alone.  Exams for mental health conditions are so subjective that you can get screwed to the wall in 20 minutes. A PTSD exam could fly like an eagle or sink like a stone depending on the C&P exam doctor.  I had a DMII exam a few years ago where the doctor told me that most Vietnam vets would do anything for an increase including gaining 100 pounds.  I was like "Are you shitting me?".  Where do they get these guys?

[john999]

Getting the proper compensation from the VA depends on your having plenty of information about your condition.  Now that you have your foot in the door I would get a private doctor to write you and IMO if you intend to appeal.  If not for IMO's in my own mental health claims I would still be sitting at 30% 30 years later.  For years I had ten minute C&P exams where the only question the VA asked me was "Are you working?" If I said "yes I work " it was automatic denial of an increase.  Then I got smart reading Hadit.  My ignorance and VA's lies cost me many thousands of dollars over the years.

[pwrslm]

PTSD requires a stressor to get approved. Unless you submitted more info on a different stressor, then it had do have been approved based on your evidence of MST.  MST is not a rating, it is a stressor, the event that caused the condition.

Wait till you get your decision letter to unravel this. Lots of mistakes in communications can happen, so as soon as you got it in writing, you can validate what the VSO told you.
 

[LadyMC]

I got my letter. It clearly stated 30% due to ptsd.  My VSO read the c&p exam notes and sent me - with the notes - back to the private psychologist who initially diagnosed ptsd.  He read the c&p notes and said that the criteria the examiner listed qualified for 100% but the symptoms list was missing a lot.  Now waiting on his letter to take to the VSO.  I believe I am more confused than ever.  

[Former Member]

Congrats on the 30%- and Congrats on having a vet rep who seems to be quite on the ball.

He might well be considering a CUE claim, if the VA ignored probative medical evidence.

I might have asked before but forget- do you receive SSDI solely for PTSD?

You will know more when you get the actual decision but your foot is in the door-and I hope the retro comes to you soon and you can enjoy some peace of mind.

This is great news because so many valid claims are denied right off the bat.

 

 

 

[LadyMC]

I do not get any SSDI.  

[El Train]

Have your private Psych. Dr. re-do (in his/her words) the VA's DBQ.  Then in their own words why you more fight the description of a higher rating.  This is what I did.  Then I had my VSO put in a NOD with additional evidence.  You have a year to do this.  Eventually (and after 5 additional C&P's), I was rated at the 100% PTSD.

You're already rated, so I don't think they need to get all the VA lingo in there.  You know, the 'more likely than not caused by service'.

Here's a blank one for reference.

 

ptsd dbq.pdf

[Rattler]

This was a lazy rater decision almost all PTSD claims get a min of 30%. They did not read your MH record. You are not using the right approach if you think you are going to get rated for MST. MST is something that happen to you not a diagnosis like PTSD. You have PTSD because of your MST experience.  (it's ok I have had the same problem with the VA) I have a veteran who was diagnosis with PTSD when he got out in 2013 after 32 years. Guess what they gave him. Yup you guessed it 30%. He was much worse than that I had known him for about 15 years. When I got to him he was living in a barn with en extension cord for power. This was 2017. He and 5 VSO's do nothing but file forms to upgrade his %. He had been getting treatment form the VA all along. I had him get his MH records. After reviewing his MH records I helped him file a "fully developed claim" on December 28, 2017. He received decisions on February 2, 2018 upping his PTSD to 70% and gave him 100% UI. I said all that to make this point unless you put together a package ("fully developed claim") with the exhibits pointing to the right answers that the rater needs to give you what he needs to give you what you are seeking you are kind of spinning your wheels and going nowhere.  You are part the way there. You need to check the record and see what is there and appeal it.