Hello Everyone...

Where should I begin... new to the FORUM & here it goes!

IN 2003 I went through a General Court Martial for 3 Offenses and was found not guilty! THe depression/PTSD started during the Investigation and continues to this day...the charges were Rape, Aggravated Assault & Drug Use.

I am a combat vet who recently returned from Afghanistan. Upon my return, I began using drugs and alcohol to drown out some of my experiences I encountered in combat. I was Command Directed to provide a urinalysis and my sample was positive. I admitted to Drug use and believe it or not, received a HONORABLE discharge. THe 214 is coded for Drug Use and Misconduct. Don't ask me how I received an honorable, I just admitted I had a serious problem.

I have been clean for almost 6 Months now (May 05 discharge date). Does anyone have any experience with something Like this? I was recently diagnosed with PTSD and Major Depressive Disorder by the DAllas VA, but can I make a claim with the Drug Addiction & Alocholism as a secondary? DOes the COurt Martial warrant part of my PTSD....

My claim went to the review board on the 2nd of Dec 05 in Waco, Thanks All

As I see it, on the negative side, the VA has a couple of questions they must address if they are to deny your claim for PTSD and Major Depressive Disorder.

1. Quality of service. Since your Drug use was voluntary, they will have to determine if it was not the result of your PTSD and Major Depressive Disorder.

2. Quality of Discharge, since you were able to be discharge, even though Honorably, instead of being charge for your drug use.

Although the VA may try to say that your PTSD and MDD is the result of your own wilful misconduct, neither can explain away the stresser, necessary for a PTSD diagnosis to be eligable for compensation. Nor can it fully be shown to have caused your MDD.

So far things look good as far as your claim being at the review stage, they have yet, disallowed the claim based on the two points I stated. Just don't be surprised if the VA denies you claim for willfull bad conduct. It would be just like them to do something like that.

Just remember that they want you to give up, their known for their tactics to deny, dely, then deny again. Keep appealing and look for additional evidence to support your claim, If you can afford it, get an IMO on your PTSD, and stranthen your Stressor with budy statements, statements from anyone who has been close to you and has seen the change that has come over you and your life. Try to locate any records that show you were present at the time of your stressor, any medical records that supports any injury sustained as a result of your stressor. Gather any evidence that may help your claim that is not already a part of the records and keep these in reservies should they deny your claim.

Be pro active rather than passive, waiting for the VA to do the right thing.

good luck,

Jim S.

Leap:

You are in the magic zone of less than 1 year since your discharge. Based on what you said I doubt that you will have a problem being service connected for a VA Diagnosed condition. Your problem may be the rating in my opinion. If you are unable to work it should be 100% in some form or another.

Many people who have PTSD also had or have a drinking or drug problem. Staying clean is probably the most importnat thing you can do in my opinion.

I am in Dallas so if there is anything I can do let me know.

[quote name='Leap' date='Dec 30 2005, 02:56 AM' post='8314']
Hello Everyone...

"Where should I begin... new to the FORUM & here it goes!

IN 2003 I went through a General Court Martial for 3 Offenses and was found not guilty! THe depression/PTSD started during the Investigation and continues to this day...the charges were Rape, Aggravated Assault & Drug Use.

I am a combat vet who recently returned from Afghanistan. Upon my return, I began using drugs and alcohol to drown out some of my experiences I encountered in combat. I was Command Directed to provide a urinalysis and my sample was positive. I admitted to Drug use and believe it or not, received a HONORABLE discharge. THe 214 is coded for Drug Use and Misconduct. Don't ask me how I received an honorable, I just admitted I had a serious problem.

I have been clean for almost 6 Months now (May 05 discharge date). Does anyone have any experience with something Like this? I was recently diagnosed with PTSD and Major Depressive Disorder by the DAllas VA, but can I make a claim with the Drug Addiction & Alocholism as a secondary? DOes the COurt Martial warrant part of my PTSD...."

_______________________________-

Leap- Welcome aboard veteran and Thank You for your service-

I am proud to learn of your clean time-your experience with addiction and PTSD is not unlike the experience of many many many veterans-

The Court Martial situation in my opinion will certainly help support your PTSD however-the fact that you turned to drugs and alcohol to " drown out some of my experiences I encountered in combat." is also
evidence of that fact that your stressors certainly bothered you.

Addictions from combat are not service connectable- and thank God- you are clean now-so they are not current addictions.
Any other disabilities these addictions caused-
(in some cases cirrosis of liver for example) could possibly be SCed due to drug or alcohol use-

I am glad your claim is in- and it is a valid PTSD claim-
make sure veteran, that you keep all Psyche appointments- and attend any other treatment programs the VA offers- the VA just loves paper and a veteran has to have a paper trail of VA care or private care to show their disability is current and continuous.

Veteran I was-and still am impressed with statements of former POW Shoshanna Johnson-she went through so much- like you certainly did-in a different theatre-but gave servicemen and women from combat areas excellent advise----stay in touch with your unit!
Most units have web sites and can often be an excellent sourse of comradery and claims help as far as buddy statements go-not that you would need them but pays to mention here from time to time-

This not only can be invaluable to help the long debriefing process (which the mil really doesnt seem to do well-and lets face it who can be debriefed from the choas and horror of war-)
as well as if a veteran finds they need a Buddy statement - an eye witness account of something in service- their unit members- before their addresses and phone numbers are lost- could potentially help with that.

I have something about using Buddy Statements for a claim in my blog here.

The VA in my opinion excels in helping veterans overcoming past addictions.

The local VA here has the Allen V Principi case posted in the DOM where the AA and NA meetings are-
some vets do not understand it-
basically -if an addiction stems from inservice experiences-it is not willful misconduct- and it's disabling conditions can be found secondary-to an SC disability-

that assumes that an addiction was so long term and so profound that- say- drugs caused brain damage- or
any other ratable disability.

I feel you should focus solely on PTSD-with depressive disorder as secondary to that-
at this point- you have a good valid basis for your claim.

Do you have all your SMRs? THE USAF is insisting newly discharged get them before they leave-

You also might well need any service personnel records.

That CM stuff must have been terrible-
thank God that is behind you----

I saw the Muslim Army Chaplain from Gitmo on TV last night who was focus of investigation some time back-
It was very revealling to hear from him what the military had done in his case.

He is a former Chaplain now- that is a shame- without the bruhaha he went through- maybe- I dont know- but maybe he would have stayed in the Army.

Welcome aboard to Hadit! Berta

All I can is right now!!! I served a Loyal 10 years in the Air Force with Security Forces. I joined to get Law Enforcement experience and to serve my country... God Bless the USA and our troops!

I was at Khobar Towers in 96 when we were attacked... combat in 97 and 04. I entered the Air Force with NONE of the current problems I have now, and I'm only 32.

I am ing because I have a place (The Forum @ hadit) where I can share my experiences with Veterans out there and to know I AM NOT ALONE!!!

Thanks to all

DAN- What did you mean by this reply? In the post you made here you are skirting the issues because you don't want to face up to them (yet).

Thanks everyone for the input! Just want to clarify that my current claim is for Major Depressive Disorder (March 2004 diagnosis), Migraine Headaches (1999 and well documented through CIV and MIL doctors), Alopecia (Hair Loss 2002 due to stress from the up-coming Court Martial), Pscorasis/Ezcema (Oct 1998), Sleep Disturbances (I have a SLeep Clinic Study at the Dallas VA in OCt 2006 ) and night vision problems from PRK Eye Surgery the AIR FORCE performed in 2002.

Does anyone know if the VA compensates from voluntary PRK Eye Surgery?

Still looking for work and being clean from Alcohol & Drugs has been AWESOME

If anyone has the same symptoms and receive compensation from the VA, please Email or share with me.

Thanks