PTSD Post Traumatic Stress Disorder Claims

[keepmovingforward]

I do not have an account, hard to trust anyone. Since '99 stupid pride, distrust, and severe frustration keep me from filing.  Never ever posted anything in my entire life, this is my first. Reluctantly started seeing mental health. Was told I have PTSD after 3 sessions. Thats a work in progress. I need help refiling my claim. Please help me. Very hard to ask for help. Was told by VSO to start looking for secondary conditions to increase my claim. Honestly, I'm lost. Confused. Angry. But refuse to quit. Just need to understand the very complicated way infomation is structured and connect secondary to primary service connection. I get lost in the fray alot just searching, but would rather die than quit.  How do I find the vast infomation that links the two to increase my service connection? Was told I have till June. Sent off for C-file X2 still no receipt. No joy here. Have some medical records and first rating decision.

[El Train]

On 9/22/2023 at 12:39 PM, keepmovingforward said:

Stressors were in service.  How to find proof of stressors took place? Stupid answer: DD214 shows my deployment, no disrespect, just dont know how else to prove. 

I couldn't remember the exact dates of my stressors or names involved.  I remembered roughly when and where and what units I was with.  I googled it and found my answers. You'd be suprised on what you find. If someone was killed (one of my stressors) their home town paper probably has an article on it.  Helicopter crash off the coast of Somalia, I found the details, Scud explosion at the Port of Al Jubail, Saudi Arabia,' yep' found it.  They can correlate your unit and area hopefully with this info.  Buddy letters may help too if you can find your old battle buddies.  Not sure how much weight they put in these though to be honest.

You can write up in detail when you submit your claim in the notes section on the proper form (forget what form it is).  I used a separate Word document and attached it (save everything and organize the hell out of it).  I did this with all my claims.  I got medical IME's to back up anything and everything and went full on assault.  Took me a year and half to get 100% P&T, SMC-S.

[Rattler]

So my suggestion is what exactly do you want to file for PTSD or an increases of your other benefits? I am assuming PTSD as you mention it in you first post. Let some of us ask you questions and suggest what forms you should use. For starters You should go to http://va.gov get an account if you don't already have one and file an intent to file say for PTSD. This will save your effective date as the date you filed your intent to file.

Go to https://secure.login.gov/ Set up your login. (This is the easiest one.)

When it comes to PTSD there are other forms that you will need to file that we can walk you through. And what documents to give them and how to get them from the VA website.

 

 

[namvet6567]

On 9/22/2023 at 4:38 PM, broncovet said:

Welcome to hadit.  VSO's and VA employees are often "obsessed" with trying to prove they are smarter

than we are.  They have learned the VA's "alphabet soup", so they think they are smarter.  

Its not your job to worry about whether its primary, secondary, presumptive, 1151, or other stuff.  But your VSO

wants to show you he's smarter than you by using terms you are unfamiliar with like ones I listed.  Dont buy it. 

    Secondary means, for example, lets say your hypertension (aka high blood pressure) causes a kidney problem.  

In that case, you can file for a kidney issue "secondary to hypertension".  

    Again, unless you plan a career as a VA rating specialist, dont worry if its primary or secondary, or presumptive.  

 You can, however, help us by giving us a bit more to guide you.  For example, are you working?  This is a big deal.  

VA benefits are designed to replace "income" lost due to service connected conditions.  Very often PTSD Vets cant get a job.  So if you are not working, your VSO should file for TDIU (Total disability due to Individual Unemployability).  If awarded TDIU, you would be paid at the 100 percent rate.  Thus, if you are not working, and maybe your doctor said you could not work due to your PTSD, then you should file for TDIU (which is an increase).  

     To get an increase, you need to show your conditions worsened, or it could well be you were lowballed in the first place

and you were "tested" to see if you would just quit and "settle in" to live your life in poverty at around $1041.82 per month

plus dependents if you have them with a 50 percent combined rating.  

    You can check to see if its right by plugging in your dependents here:

https://cck-law.com/va-disability-calculator/

    

 

I'm quite sure a veteran does not have to "show" that his/her/them/their condition worsened.  I believe the VA has to take the claimants statement at face value and prove it hasn't worsened.  The claimant's statement alone is enough to trigger a new exam.

[Rattler]

18 hours ago, namvet6567 said:

I'm quite sure a veteran does not have to "show" that his/her/them/their condition worsened.  I believe the VA has to take the claimants statement at face value and prove it hasn't worsened.  The claimant's statement alone is enough to trigger a new exam.

Depending on what you are trying to do, increase, increase due to new medical evidence.  You are wrong in your statement, "I'm quite sure a veteran does not have to "show" that his/her/them/their condition worsened." If your condition has worsened. (and it sounds like it has) You will have to submit new evidence to prove your claim. If you leave it up to the VA they will not just go out and find it. Your best bet is to get your private treatment records go through them and ONLY SUBMIT the documentation that shows it has worsened. 

 

[namvet6567]

3 hours ago, Rattler said:

Depending on what you are trying to do, increase, increase due to new medical evidence.  You are wrong in your statement, "I'm quite sure a veteran does not have to "show" that his/her/them/their condition worsened." If your condition has worsened. (and it sounds like it has) You will have to submit new evidence to prove your claim. If you leave it up to the VA they will not just go out and find it. Your best bet is to get your private treatment records go through them and ONLY SUBMIT the documentation that shows it has worsened. 

 

We will have to agree to disagree, (b/c a claimant does not need to provide documentation that a condition they are receiving s/c for has worsened).  A mere statement that their condition has worsened is sufficient to trigger a C&P exam.  It's obvious that new evidence would help but is not required.  

[broncovet]

Yea, the claimant needs documentation of everything.  No, they dont take our word for it.  Otherwise, everyone would get benefits.  Instead, people get benefits who are able to document their injuries occured in service, and they get increases when they have documentenation of an increase, not just because the Veteran says it got worse.  You do have somewhat of a point, that a Veterans own statements can trigger an exam when there is already insufficent evidence in the file to grant an increase.   

The board can then evaluate the doctors evidence, and determine if, the Veteran, indeed, meets the criteria for a higher rating (increase).  

Evidence wins claims.  The VA generally does not beleive Veterans, they think we are all liars.  Source:  21 years experience with VA claims, including dozens of vA ro decsions, a half dozen BVA appeals, 3 trips to the CAVC and answering at least 4000 Veterans claim questions since 2007.  

As far as the Veterans own testimony, the board can not just disregard his testimony based solely on the fact he is "an interested party".  

Instead, the Board reviews the entire record, and makes a judgement call deciding if the Veterans testimony is "credible".  If his testimony is consitent with known facts, they will often accept the Vets testimony.  However, if their are conflicts with the Vets testimony vs, say, a doctors opinion, the board can reject the Veterans testimony as not credible, but they must give a reasons and bases as to why they deemed the Veterans evidence not credible.  If the Veteran is caught in lies, that is, his testimony conflicts with the evidence, they can reject the entire Veterans testimony as "not credible".  

 

 

Edited September 27, 2023 by broncovet