Delayed on-set PTSD

[AF SP]

Concerned about C&P and service connection. In 1987 as an Air Force SP I was deployed to a plane crash. 3 people were killed when it crashed and they were literally scattered over about 5 acres. Needless to say it was very gruesome. Within a couple of months of this I began having severe gastric issues that are still ongoing. I had no idea that PTSD could have been the cause of these issues, when I got out I was granted SC for it at 40% permanent in 1999. I've always had an occasional memory that would pop up but for the most part I was able to handle it.  This all changed in 2020 when I was driving through the area and saw a street sign with exit for the town where they plane crashed. When I saw that sign I literally lost and just started bawling for over an hour, all of the memories came flooding back and since then (almost 2 years ago) I can't get these images out of my head and once they start the other things I witnessed creep in (a murder investigation, Black Hawk crash, numerous suicide attempts (not me but others)) without going into all of the symptoms at the urging of my wife I finally went to the VA and was diagnosed with PTSD and Depression. I have my C&P at the end of the month and I'm of course concerened they will say it's not service connected.  As for evidence I submitted news articles about the crash and a couple of Letters of Appreciation from my commander up to the SAC commander. Also service records will show I was assigned to the Security Police Squadron a the time of the crash.  I would think this would be enough to prove service connection.  What do you think?

[broncovet]

If you read very many BVA decisions, like I have, you will notice something very consistent:

For service connection, the Board will review your file and check to see if you have the Caluza elements.  If you have the Caluza elements, in the board's opinion, you get SC, if you lack one or more of the 3 Caluza's you get denied.  This is not in dispute..get the Caluza elements and get SC; or, in the obverse, fail to get the CALUZA's documented, and expect to be denied.  

I have not reviewed your file, I dont know if you:

1.  Have been diagnosed with PTSD by a VA doc.

2.  Have an "in service event" (stressor) documented.  

3.  Have a nexus, or doc's opinion that 1 and 2 are related.  

     Frequently, a VA doc "does not provide" the Veteran with a valid nexus statment.  Often this is not your fault!  Remember, dogs are often loyal to the hand that feeds them.  In a similar way, VA docs are often loyal to "the people who sign their checks".  

    If you dont have a valid nexus, (in the opinion of the decision maker) you will need same to get SC.  You can try another VA doctor.  This actually worked for me.  But, if none of the other VA docs will provide a nexus, then you are faced with a choice:

1.  Do without your benefits.  You can reapply, again and again, and appeal.  Some Vets do this, and finally get frustrated and hire a lawyer.  

Then, the lawyer reviews your file, and tells you you need a nexus.  

2.  Get an IMO (that is, pay a doctor who works for you) to write a nexus statement.  

     Its a very rare event when you get SC "without" a valid nexus statement.  It could happen (anything can happen at VA).  But, if VA discovers their error, your benefits could be reduced by the VA CUE'ing their own decision.  

     You will sleep better at night if you get your benefits, knowing you crossed all the Caluzas and documented them well.  You should not then have to worry about your benefits taken away sometime later.  

 

     Its not relevant "how long it was" since your military service, in service event, etc.  The VA rates "on the applicable criteria", and "time since military service is not one of the criteria.".  

      Crazily, the VA once denied me because "it was too long since military service"...I appealed, and the board noticed I had the Caluza elements documented, and overturned the appeal and awarded SC.  

 

Edited March 30, 2022 by broncovet

[Dustoff1970]

Also along with other medical and non medical evidence buddy lay statements about what, when and where happened to you can be very helpful in proving you were involved in or witnessed those trauma events.  Many BVA decisions I have read cited those lay statements as positive evidence along with other favorable evidence.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[AF SP]

Thank You Dustoff 11, I don't think that will be an issue as I have Letters of Appreciation from the Commander of SAC and my Wing and Squadron Commanders to prove I was there.

[AF SP]

Well they turned that around quickly, they have given me SC for PTSD with a whopping 10%.  Seriously 10% when I should be a solid 50% if not 70%.  I see there are 3 ways to appeal now, which do ya'll recommend and why?

[Whodat]

See if you can get a copy of your c&p exam. Look and see if the examiner recorded what you stated. Could be a supplemental claim for an inadequate exam. 

[AF SP]

I have to wait another 25 days before I can get a copy on the Blue Button (which is assinine). I told you they turned it around fast. I had the C&P on March 28th with it signed by the Dr. on the 30th and final decision  7 days later.