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Am I On The Right Track?

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USACID

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Hello all. I am a 12 year army veteran investgator who started having problem in 11th year of army. Left army in May 1992 with an OTH. the army and the VA held hearings on my discharge and VA concluded my time was all HOnorable. THe DRB after a full hearing in front of a board of Officers upgraded to full Honorable and RE Code of 1 and discharge authority "Secretarial Authority". Have been seeing private doctor for depression since leaving army. I am being treated by VA Hospital for PTSD and they confirm the diagnosis. Dr. there told me I should file a claim. I did and am waiting. I included photos of the murder crime scenes I attended as precip stressors, as well as autopsies which I was required by my job to attend. I included some of the photos of crime scenes where parents had killed thier children which were the toughest for me, letter showing last salary and release from employement due to excessive time off due to meds, etc; provided names of deceased, letter from my wife, and provided all medical reocrds from private physicians including psychiatrist which has diagnosed me with major depression. When he saw me in 1992, he made a comment of the symtpoms appearing as PTSD but diagnosed with Major Depression. The Dr. at VA says clearly PTSD, both in psychiatry and primary care. I am on several meds per day, included all pharmacy records. I was recently told in a letter I should know something within 60 days. I do not work and essentially do not leave the house. I dont like to be around people and dont answer door. At one point for almost a year, I slept with a 9mm under pillow out of fear. I can tell you that the VA hospital here in Virginia has been very helpful to me and has taken great care of me. I was concerned that I would not be taken seriously but they took me as soon as I applied for help and have done quite a bit of counseling including the new EMDR. Can anyone tell me from thier experience if I am on the right track here? Am I sending the right stuff? Am I doing the right thing? Also do I need to tell the VA if I receive some type of inheritance? I am not destitute but have not worked in two years afer losing a 100k a year job due to the depression. Thank you for your help.

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I don't know anyone who has had a award granted for PTSD without doing a C&P exam I have had three of them I have had C&Ps multiple times for the same issues maybe others here have had different experiences but not I

I don't know anyone who has had a award granted for PTSD without doing a C&P exam I have had three of them I have had C&Ps multiple times for the same issues maybe others here have had different experiences but not I

I don't know anyone who has had a award granted for PTSD without doing a C&P exam I have had three of them I have had C&Ps multiple times for the same issues maybe others here have had different experiences but not I

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I think the PTSD CP exam is a quick exam. I really didnt mind it. It seems like the examiner here was really respectful, fast efficently and empathic

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Happy Belated Easter to all:

I sent an IRIS message to the vA and the reply was that they could not anser my questions since the file was "somewhere" in the office and that I should try back in about 30 days. Is this normal? The responder did indicate that the VA had recieved all medical records and all notes from me. I was primarily asking them to tell me what the next step was. I am assuming based on the comment below that there will be a C&P exam for the PTSD. The medical records from the military on hypertension, sinsusitis and migraines, but to tell you the truth, I am nervous simply based on the comments here about my chances for success. I have decided to withhold a video of evidence which shows a precipitating stressor at this time. Dont know if this is correct or not, but we will see.,

My Questions:

1.By saying my file is "somewhere" in the office, is it possible its lost?

2. Should I include the video now or hold on in the event of a denial. This pertains to the PTSD only.

Thanks.

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I wonder how the Iris person could tell that they received your stuff there but then say that the file was "somewhere" in the office.

MAybe you should ask them to clarify.

You mentioned some horrific episodes you have documented on video and photos.

I can well imagine that your MOS put you into witnessing and being involved in some terrible events.

Videos and photos will mean nothing to the VA without the backup from you as to your specific duties that put you there and then.That is the nexus-

Unless you are in those photos.

What I mean is- I could say I was an investigator for the Army.

My MOS clearly shows that I was.

I have photos and videos of autopsies and other horrible crime scenes.

I am not in those pictures.They do not have a stamped date on the back and there is nothing in the pictures to prove they happned in investigations I was part of.

The VA could say I have not proven a nexus or link to those photos.

I don't doubt your claim at all-not at all-

I just hope that your personnel records or anything else you have reveal what an investigator actually did in the Army and that this put you directly at the scene of these stressors when they occurred.

It might help to spell out your MOS clearly to them-if needed-

then again the VA might well accept this evidence as bonafide proof of your stressors.

I just look for any land mines the VA could possibly come up with to deny this type of claim.

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Berta thats excellent advice. I happened to have the Reports of Investigations which show I worked these cases and additinoally i was able to provide an ARCOM for a murder case I solved. I was able to produce SSN's of victims of the soldiers so they could reseatch thier deaths. I dont know if the VA would be able to do the same with civilians who were murdered but my name is on a lot of cases. I think I do have nexus to show that these occurred within the context I claim them. I also included my evaluation reports which specifcally states in the duties section that I investigated homicides with little to no supervision. I also received another ARCOM for solving a series of rapes at Fort Hood by one man. I did not send that as I did not think it was relevant. The man was sentenced to 80 years in Federal Pen and life in the state pen of Texas for admitting his offenses.

Funny is as funny goes, but just a few minutes ago I received a call from the VA telling me that paperwork was on its way to schedule me for a C&P in Alexandria VA solely for the PTSD. The call came from Philadelphia and I was told to expect a package within the next few days. Does anyone know what happens at one of these exams? Any idea why they wouldnt take the VA paperwork diagnosing PTSD instead of having it sent to another location? Thanks for your help and assistance.

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USACID-

I was worried that you might have taken this advise the wrong way-

you sure have some very good evidence-

I certainly felt that you did-

Any vet claiming anxiety,depression, or PTSD -with the PH or combat awards needs to prove a nexus and I certainly feel you have done that.

This new BVA case shows what I mean:

http://www.va.gov/vetapp07/files1/0702718.txt

The vet is repped by my vet org-I can clearly see how deficient their work was here---

however -if you read the PTSD issue near the bottom of the decision- here is a vet who was on the USSJFK when the terrorist devastation that killed 271 Marines in Lebanon happened in 1983.

The ship was found to have been off the coast and surely took on injured victims or the dead.

The evidence seemed to me quite supportive that the veteran had experienced a horrific event.

The VA had done considerable work to support the stressor.

The time frame, the ship's position,(In Italy),

the details all support what this vet stated.

however:

"Accordingly, there is a

question of whether the veteran participated in recovering

casualties, and whether the USS JFK operated as an overflow

for casualties after the attack at the Marine Barracks in

Lebanon."

and this part just outrages me-

"In view of the foregoing, on remand, contact the National

Archives and Records Administration (NARA) and the United

States (U.S.) Army and Joint Services Records Research Center

(JSRRC) and request the deck logs for the USS JFK during the

veteran's period of service. Obtaining the ship's command

history would also be helpful in verifying the veteran's

claimed in-service stressor(s)."

I might have these deck logs for USS JFK on my own computer- they can be accessed by a veteran to support claim-

The ship command history is just a click away.

http://www.fas.org/man/dod-101/sys/ship/cv-67.htm

One of many of the ships sites.

The veteran should have been advised to try to obtain this info themselves and get a buddy statement if needed.

These ships have plenty of unit web sites too and I helped the VA Chaplain help an active duty sailor this way and well as there are plenty of re-union sites for units that also can help seek a buddy.

WHat really gets me is that this vet did some legwork-and the VA made many attempts to help verify the stressor.

But the rep (probably might even be the same one I have-he had 2 Lebanon vets)

did nothing concrete to advise the vet to support and narrow down his evidence.

AND my biggest gripe of all! One reason why I filed a complaint on these guys with the Governor:

"As for the notice provided to the veteran, there are two

notice letters of record. Neither of these letters satisfies

the notice requirements for new and material evidence claims.

(See VA notice letters, dated in June 2003 and May 2004)."

I have been griping to the Gov and anyone who will listen that the Buffalo VARO is not sending out legal VCAA letters to everyone-

some get them and some dont and the New York State Division of Veterans Affairs-

as this and many other remands I documented show-

they just sit back and allow that VCAA violation to occur-

so that the vet cannot give VA what they need because the vet is not told by them what the VA needs.

The vet rep is assurred that the claim will be transferred to the BVA and out of his hair for years.

I am copying the decision and sending it to the State in support of my recent complaint.

It is one of the first 2007 decisionsthat the NYSDVA had at the BVA in 2007-they just posted first quarter 2007-

and one prime facie case of their piss poor vet rep work.

All they had to do was send the RO on a 21-4138 a request for a detailed and proper VCAA letter.

The vet got what I got- the generic one-

with no statement as to what evidence the vet needed.

I bet the vet rep was thrilled. This way he didnt have to help the vet procure the evidence that the VA wanted.

This is exactly what I told Senator Craig (Bacvklog Committee -Washington) is what the VA is pulling which has made the backlog unconscionable.

Remand means re-do the right way-

and take years to re do it.

In any event I hope many here take the time to read the PTSD part of this claim.

I have had problems explaining to a few vets over the years what the "nexus" (link) means for claims regarding PTSD, Anxiety, and depression or any other mental disorder-unless presumed by receipt of the PH or specific combat awards.

This is the best case I have seen yet that shows how it must be proven.

Edited by Berta
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