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?

[Rivet62]

On 3/30/2022 at 2:46 PM, broncovet said:

 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.  

I didn't have a nexus statement  I think the only thing I had was the "as likely as not" from a C&P examiner. Which causes me to think that can be undone easily by the recent C&P exam I had for my TDIU claim. Right? I mean, all it would take is another examiner saying "less likely than not" to undue the prior C&P examiners opinion. Right?

I have in-service treatment, and current diagnoses, but i don't have a nexus statement per se.

Edited April 7, 2022 by Rivet62

[El Train]

3 hours ago, AF SP said:

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?

Welcome to the 'You got lowballed club'.  You have a year to file a NOD. During this year you can get additional evidence through your VA mental health treatment or get an outside medical opinion.  In my case I got an outside mental health Psych opinion that trashed my original mental health C&P DBQ done a VA contractor.   Then I filed the NOD.  This got me a couple of PTSD C&P's from the VA.  In the end, I got 100% P&T.  Up from 50%.

You will see on your C&P DBQ (when you get it) that the examiner probably skipped a lot of the questions on it.  Didn't even ask them.  This will result in a lowball rating.  My final C&P examiner asked every damn question on the DBQ.  Most of the boxes on the DBQ were checked. 

 

[AF SP]

I have a question according to M21-1, Part IV, Subpart i, Chapter 3, Section A - General Criteria for Sufficiency of Examination Reports the examiner has to be done by one of the below.  Mine was done by a Licensed  Profession Counselor.  Is that cause for CUE?  The Dr. stepped in at the very beginning and said he was "mentoring" her, he again stepped in at the end and asked if I had questions.  That is all I saw of him.

board-certified or board-eligible psychiatrists

licensed doctorate-level psychologists, or

the following other mental health professionals, under the close supervision of a board-certified or board-eligible psychiatrist or licensed doctorate-level psychologist:

doctorate-level mental health providers

psychiatry residents, and

clinical or counseling psychologists completing a one-year internship or residency.

[AF SP]

Well I filed for a HLR and had my informal conference this morning.  She seemed very receptive, some of the items I brought up were the examiner stated I missed 2 appointments and had not received any care and was not on any medication.  This is flat out wrong and my records show it, I missed the first one (becuase I've become very forgetful) the 2nd one was reschuled by the VA to 5 days later which I made and that is when the Psychiatrist put me on Sertraline. The fact that the examiner asked about the incident, since I knew I was about to get emotional I reached for the box of tissues and she literally pulled it away from me and said she didn't want any details (how can you properly evaluate if you don't know what happened) this caused me to basically shut down. I also challenged her credentials as according to the State of Texas she is nothing more than a Licensed Therapist even though the C&P has her down as a Graduate Psychologist which does not fall under the VA's requirement for an initial PTSD review. I brought up numerous things we discussed that she left out of the exam like how I find myself driving and wondering if it would be easier to just run into a tree or bridge.  I would never do this to my family but the thought is there and it scares me.  She completely left that out, left out how I have to use GPS to get around. There were 2 claims 1 for PTSD and 1 for Depression (not sure where depression came in as I did not file that). Examiner said she was not got to interview me for depression since it was part of PTSD, She does mentionI reported symptoms of depression she just said it wasn't bein evaluted today (so she says I"m depressed but doesn't include that in the C&P. Obviously gave no weight to my wifes Lay Letter, she makes know mention of my lack of feelings when my son was killed in a car accident or how I no longer feel.  No love no remorse, just anger it seems. She didn't mention anything about the anrgry outbursts or how I forget words for simple everyday things and occaisionally family member names. Or the difficulites I'm having at work.  

She seemed very interested and caring, she was surprised when I told her about the tissues being pulled away and the examiner not wanting details. Also she was concerned these things were in my record but there is not mention of thenm.  So we shall see how it goes.

I have to say when I got the results of 10% for Chronic Sleep impairment I was rather shocked and all I could really do was just laugh because it was so assinine.

[AF SP]

Update: They upped it to 30%, time to start building that Supplemental Review.

[golfette44]

@Dustoff 11, I'm getting my claim ready to submit for benefits; it's my first time doing this.  I was also medical in the Army and have non-combat PTSD and I'm not sure what to include in my file.  I saw your comment about offering to provide a "list of the medical and other evidence that has won my claims and appeals."  Would you be willing to share your list with me?  If yes, please let me know the best way to do this.