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mik1587@yahoo.com
when I first got to the fleet in august 2006, another marine had me come to his house and drink shot after shot. once I was passed out he had his wife rape me. I was told about it the next day. I am a male and it is not something i am proud of. I am getting out of the military in march. I want to claim this and have read on this site that i need more proof. Is it too late to talk to a chaplain? i have been to the division psych but i never told them what was wrong with me. i went in for sleep troubles and depression. i was sent to the psychiatric ward in the hospital for the night and was prescribed sleep medicine and depression medicine. The only person i told was my fiancé and that was only 3 years later. i would like to be able to continue meds and would like to get therapy for this but i am afraid if i claim now someone will say i am a liar and weak.

Berta
It is never too late to talk to a Chaplain -however- you will need some documented proof that this incident occurred and that your current depression is directly due to this incident.

All claims rely
1. on proof of in service event-2. a nexus between that event and a current documented disability and 3. medical evidence that ties both #1 and # 2 together.

john999
Talk to the chaplin and get this in your records somehow. If your records are silent on this you will probably never get compensation for a MST. Rape is a crime. It may not too late to report this as a crime to the military police. You may get some hard talk but report it. I hope the statute of limitations has not run out on this crime. Not reporting it when it happned is going to be your biggest hurdle. You could have gotten an exam to confirm it. You did not do a crime and have nothing to be ashamed of since you were possibly drugged by the rapist. Ever heard of the date rape drug?
carlie
With sexual assault cases if it wasn't reported on active duty the VA is to
search all ALTERNATIVE SOURCES.
This would be things like police reports, chaplins records, smr's for markers,
request for transfers, requests for tests for STD's, did the service member
discuss this with anyone, changes in behavior/alcohol/drugs, etc...

Of course it is always best to have some documented proof that this incident occurred,
BUT with sexual/personal assault claims the alternative is to be heavily considered.

Good luck to you.
Hope this helps a vet.
carlie



Here is a Court Case for research.


http://www.warms.vba.va.gov/cova/dads/99dads/patton.dochttp://www.warms.vba.va.gov/cova/dads/99dads/patton.doc
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DECISION ASSESSMENT DOCUMENT






[font="Times New Roman"]
DOCKET NO.: 97-828 ACTIVITY: RATING



NAME: Patton v. West



ISSUE(S): Post traumatic stress disorder (PTSD) claims based on personal assault



ACTION BY COURT: Remand DECISION DATE: 3-30-99



FACTS: (This assessment does not cover Judge Holdaway’s dissenting opinion. This assessment covers generally the Court’s discussion relating to PTSD claims based upon personal assault. All are urged to read the full text of the opinion.) The veteran served on active duty from March to August 1956 and from October 1959 to February 1960. The veteran was hospitalized on December 9, 1959, for an acute anxiety reaction. A notation showed he was afraid someone would “jump him” and that “inferentially, his profound feeling of shame, as well as other indirect derivatives suggest to me that there may be underlying homosexual panic . . ..” The SMRs also indicated he complained of headaches, anorexia, and sleeplessness, and that he attributed “most of his problems” to an incident when he had been hit in the head with a glass bottle while on leave a few weeks before. SMRs showed other soldiers in the barracks had reported that the veteran had “some sort of attack” the night he was first admitted to the Army hospital. Service personnel records contained no indication of any in-service assault incident. On January 21, 1960, “despite a limited work assignment,” the veteran “presented himself in a tearful, disheveled state” at the Army hospital. He was diagnosed as having “[e]motional instability reaction, chronic, moderate; manifested by diffuse anxiety, poor performance under stress”, and “administrative separation from the service [was] recommended”.




There are VA and private medical records showing treatment from 1978 through 1981. In August 1979, the veteran submitted a letter from his wife detailing his changed behavior since service, including his “not getting along with people”, his “hid[ing] behind his drinking”, his anger and depression, and his “being ashamed of the way he was”; and she specifically reported that around the end of 1961 the veteran’s mother had written to her that she was afraid he might kill himself and that “something happened to him in the service.”





During a November 1993 VA medical examination, the veteran stated, apparently for the first time to any medical professional, that while at Fort Bragg he had been raped by three men and that he did not report it because of “fear and shame.” He disclosed that after a second hospitalization, he had told a sergeant about the rape and that the sergeant had instructed him not to tell anyone. He was diagnosed for the first time as having “PTSD, non-combat, chronic”. In January 1994, a VA medical examiner diagnosed PTSD, clearly relating the PTSD to the alleged in-service rape trauma. The BVA denied the PTSD claim because it was “based on non-combat-related unverified stressors”, and because corroboration of an in-service stressor was an essential element of the PTSD claim.





ANALYSIS
: The Court found the veteran has provided a well grounded claim for service connection for PTSD. He provided medical evidence of a current diagnosis of PTSD, lay evidence of a sexual assault as the noncombat, in-service stressor, and medical nexus evidence generally linking his PTSD to his service.





The Court stated that the BVA did not discuss the special evidentiary procedures for PTSD claims based on personal assault that were established in February 1996 in VA Adjudication Procedure Manual M21-1 (Manual M21-1), Part III, par. 5.14c (February 20, 1996). The Court noted that paragraphs (8) and (9) of the above-cited Manual provisions, when read together, show that in personal-assault cases, VA has undertaken a special obligation to assist a claimant, here one who has submitted a well grounded claim, in producing corroborating evidence of an in-service stressor.





The Court noted that it had previously stated that “[a]n opinion by a mental health professional based on a post-service examination of the veteran cannot be used to establish the occurrence of the stressor.” Cohen (Douglas) v. Brown, 10 Vet. App. 128, 145 (1997). The Court stated that for personal-assault cases VA has provided for special evidentiary-development procedures, including interpretation of behavior changes by a clinician and interpretation in relation to a medical diagnosis. Manual M21-1, Part III, par. 5.14c(8), (9). To that extent, according to the Court, the above categorical statements in Cohen (Douglas), and other cases where they may have been echoed, are not operative.





The Court noted that the Manual M21-1, in par. 5.14c(3) and (9) of Part III, appears improperly to require that the existence of an in-service stressor be shown by “the preponderance of the evidence.” Manual M21-1, Part III, par. 5.14c(3), (9). This is inconsistent with 38 USC § 5107(b) which requires that if the evidence is in equipoise, the benefit of the doubt must be given to the claimant. The Court stated that 38 USC § 5107(b) requires that on remand, in adjudicating the existence of an in-service stressor and any other material issue, the equipoise doctrine should be applied and not the preponderance standard.





The Court then found there was evidence to corroborate the veteran’s own statements regarding the assault. The Court noted that statement from the veteran’s wife that his mother had written to her that “something had happened to him in the service” seemed to be the sort of testimony contemplated by VA in par 5.14c(5)(d) of Manual M21-1, Part III, as well as by the letter formats developed for use in personal assault claims shown in par 5.14, Exhibits A.3, A.4. In addition, the Court stated that testimonial statements from other persons involved, such as the sergeant and the other soldiers referenced above, might provide pertinent corroboration. The Court also noted, the veteran’s marked behavior changes documented from December 9, 1959, his continued in-service anxiety even with a reduced duty assignment, history of alcohol abuse, and his history of psychiatric treatment should be examined and clinically interpreted to determine whether they constitute evidence which may indicate the occurrence of an in-service stressor, in accordance with par. 5.14a(8), (8)(a), (b), (e), (h), and (9). The Court also stated that the veteran’s description of an unidentified sergeant’s comments about being imprisoned if he reported the assault lends some support to his having provided another explanation for his anxiety attacks in service. The Court remanded for the Board to attempt to verify whether the asserted assault stressor occurred.





In sum, the Court stated that, because of the unique problems of documenting personal assault claims, the RO is responsible for assisting the claimant in gathering, from sources in addition to in-service records, evidence corroborating an in-service stressor, by sending a special letter and questionnaire, by carefully evaluating that evidence including behavior changes, and by furnishing a clinical evaluation of behavior evidence. See Manual M21-1, Part III, par. 5.14c and Exhibits A.3, A.4. The Court ordered that on remand, all evidentiary development called for by the manual is to be undertaken to include interpretation by a clinician of behavior changes and evidence pertaining thereto.





In addition to the above analysis, VA must also look at M21-1, Part VI, par 11.38 (formerly par 7.46). In this case, the Court notes that it had held previously that the predecessor M21-1 provisions in par 7.46 to be the equivalent of binding VA regulations. In Hayes v. Brown, 5 Vet.App. 66 (1993), the Court found that paragraph 7.46 was a rule. In October 1995, the following words were added to then Part VI, paragraph 7.46: “evidence of behavior changes that may indicate occurrence of personal assault as in-service stressor in PTSD context.” The Court seems to be making an implicit finding that the cited text is also a rule. Finally, it is noted that the language in M21-1, Part III, par. 5.14c that the Court has deemed to be regulatory is similar (and in some instances) identical to the language in M21-1, Part VI, par. 11.38.





IMPACT ON DECISIONMAKERS
: The manual provisions must be applied by all decision makers to PTSD claims based upon personal assault. This case may be a good training tool for those types of cases.





RECOMMENDED VBA ACTION(S)
:





(1) The manual provisions in Manual M21-1, Part III, par. 5.14c(3), (9) which refer to a preponderance of the evidence should be deleted.





(2) Manual provisions in M21-1, Part III, par. 5.14c and Part VI, par. 11.38, to the extent that they contain rules, should be promulgated as regulations, at which time, the manual provisions should be deleted.





(3) Consideration should be given to changing C&P policy which currently continues to maintain in the manual those citations that have been formally made regulations. It would seem to be a prudent step to remove those provisions upon promulgation of the regulations.





(4) Copies of this decision and assessment should be provided to the stations training coordinators as it would be a good training tool for cases involving alleged physical assaults.







ACTION BY DIRECTOR, C&P SERVICE
:




Approved?



_X_ ___ ______________/s/___________________ 8/25/99

Yes No Robert J. Epley Date

Bill (USAF Retired)
QUOTE (mik1587@yahoo.com @ Sep 23 2009, 11:08 PM) *
when I first got to the fleet in august 2006, another marine had me come to his house and drink shot after shot. once I was passed out he had his wife rape me. I was told about it the next day. I am a male and it is not something i am proud of. I am getting out of the military in march. I want to claim this and have read on this site that i need more proof. Is it too late to talk to a chaplain? i have been to the division psych but i never told them what was wrong with me. i went in for sleep troubles and depression. i was sent to the psychiatric ward in the hospital for the night and was prescribed sleep medicine and depression medicine. The only person i told was my fiancé and that was only 3 years later. i would like to be able to continue meds and would like to get therapy for this but i am afraid if i claim now someone will say i am a liar and weak.


Marine,

You need to get this into your MEDICAL records, so take the medical track with it. If the chaplain will provide you a source of strength and comfort, by all means go there too....but get it in your MEDICAL records in honking big letters. Make a psychiatric appointment ASAP and request counseling for this. Lay it all out there.

This does two things:
1. Gets you help NOW!
2. Establishes a record NOW that you can take to VA upon discharge, showing that you received treatment for this during your military service. That will establish service connection.

If you're concealing from the Corps how affected you are by this, they can't help you. Get it looked at. Present things as no better and no worse than they truly are, of course, but let them know what's going on. Get evaluated. Depending on your mental health status, you might be medically retired (blue ID card and all bennies) as opposed to discharged ("here's your DD-214, go deal with VA, good luck with that, peace out").

If you had a compound fracture, with bones sticking out of your arm, you'd feel no shame in getting medical attention (I hope!).
The same applies to your medical issue. You're wounded, it's internal, and you're seeking medical assistance that you're 1) in need of, and 2) entitled to under the law!

If someone thinks less of you for seeking medical assistance which you need and to which you're entitles, that someone is ignorant and their opinion is irrelevant. You have to look out for Number One in this, and that's you.

Last thing, Marine:
The only ones who should be ashamed are those who assaulted you or let it happen. You were drunk and passed out. IT WAS NOT YOUR FAULT.

You deserve to have your life back. Now, get an appointment and start taking care of business.

Bill
darkhorse
Heck, just claim depression now or when you get out. You have that and it's documented in service. You can always process your rape incident in counseling sessions.

I'm gonna tell ya straight up. It will be really hard to prove to the VA you (a man) was raped by a woman. It would just be easier to go ahead and file for depression since you have this documented in service. You can start the process after you receive your discharge orders.

With just filing for depression you won't have to prove a stressor (rape etc...)..

dh


QUOTE (mik1587@yahoo.com @ Sep 23 2009, 09:08 PM) *
when I first got to the fleet in august 2006, another marine had me come to his house and drink shot after shot. once I was passed out he had his wife rape me. I was told about it the next day. I am a male and it is not something i am proud of. I am getting out of the military in march. I want to claim this and have read on this site that i need more proof. Is it too late to talk to a chaplain? i have been to the division psych but i never told them what was wrong with me. i went in for sleep troubles and depression. i was sent to the psychiatric ward in the hospital for the night and was prescribed sleep medicine and depression medicine. The only person i told was my fiancé and that was only 3 years later. i would like to be able to continue meds and would like to get therapy for this but i am afraid if i claim now someone will say i am a liar and weak.
mik1587@yahoo.com
i went into see the M.O today, he wasnt there but i got referal to division psych. If i can just claim depression that would work out best for me. i really dont feel comfortable telling anyone here. what ever i say in the military gets put into my little blue book that everyone decides they want to read. I just want to be able to get help when i am out and have it paid for. i need the VA benefit for this. Can i just claim the depression when i go in for my meeting? and if i did get approved for the depression what would i be entitled to? I have an appointment with VA in 2 weeks. Thanks for all this help, i really have no idea what i need to get done before i get out.

I just got out of the separation class that's mandatory but all we learned about were resumes, and then the other 2 days they tried to scare us into reenlistment by telling us we will fail and end up back in anyways. ahhh.... maybe that's why they make it mandatory. I wonder how many people it works on?
once again thank you for the help.
john999
Darkhouse

He said he was raped by the husband and wife. The victim should have prosecuted this thing long ago. Don't wait until you get out of the service to go after this thing. The wife probably set him us for the male rape. Has the victim been tested for HIV?
darkhorse
hi John, I just think proving this to the VA would be a huge battle and I feel he would be more successful and also get a quicker award if he claims depression since it's documented. If you havn't been tested for HIV I would not hesitate just for piece of mind.



dh




QUOTE (john999 @ Sep 25 2009, 07:39 PM) *
Darkhouse

He said he was raped by the husband and wife. The victim should have prosecuted this thing long ago. Don't wait until you get out of the service to go after this thing. The wife probably set him us for the male rape. Has the victim been tested for HIV?
sharon
Section 3.304(f)(1) now provides for service connection of PTSD when there is an in-service diagnosis of the disability. In such cases, the veteran's lay stressor statement and the medical examiner's association of PTSD with that stressor is sufficient to establish service connection when PTSD is diagnosed
darkhorse
sharon,

I don't think he's been diagnosed PTSD, just depression.

dh


QUOTE (sharon @ Sep 25 2009, 10:30 PM) *
Section 3.304(f)(1) now provides for service connection of PTSD when there is an in-service diagnosis of the disability. In such cases, the veteran's lay stressor statement and the medical examiner's association of PTSD with that stressor is sufficient to establish service connection when PTSD is diagnosed
poolguy11550
QUOTE (mik1587@yahoo.com @ Sep 23 2009, 10:08 PM) *
when I first got to the fleet.................he had his wife rape me. I was told about it the next day. I am a male and it is not something i am proud of........ i need more proof. Is it too late to talk to a chaplain?......the only person i told was my fiancé and that was only 3 years later..........afraid if i claim now someone will say i am a liar and weak.


FACT- rape often IS NOT reported to the authorities.

This sounds as if it was a very traumatic ordeal for you, with the visits to the mental health folks and the sleeping issues. Did these visits and sleep problems start before or just after this incident? See my approach here, this would show "something happened". Just be honest as you have here on hadit and describe your side of the story. Just talking about this and opening up is the very first step in the disclosure (positively dealing with it) process. You are lucky that you can just now talk about it while you are still in-service. So, I'd suggest that now you do report this incident to the proper authorities and have your girlfriend help you with this all the way. This will also help as far as treatment is concerned also, because the doctors will be able to put a name to what has been bothering you and making you depressed.

Now for the hard part, how do you know for sure that you were raped? What details did these two criminals tell you that convened you? I assume that there was physical and/or feelings of such to make feel that this did happen. These are the things that the authorities will need to move on this.

You do have the right to report a crime that happened on active duty. Put these these two nut-job criminals away, take care of yourself, and then everything else will fall in-place. Make it happen.

Good luck.
carlie
QUOTE (mik1587@yahoo.com @ Sep 25 2009, 07:53 PM) *
I just want to be able to get help when i am out and have it paid for. i need the VA benefit for this.

Can i just claim the depression when i go in for my meeting? .


1) If all you really want is mental health service's provided when
you get out - you don't have to be SC'd for it to get therapy
and I recommend the Vet Center's for that.

2) Yes - you can claim it as depression, but I would get a mention in the
record as to what the depression is tied to.
The doctor's are the ones who will make the diagnosis as to if you have
PTSD or Depression from Personal/Sexual/MST assault.


jmho,
carlie
mik1587@yahoo.com
i dont want to go to authorities on it. that would make it worse, the only thing i have is that she kept sending me texts and calling me and when i told them i didnt want to do anything like that and it obviously only happend becasue i blacked out. They reported me to the command saying i was harrassing them and agreed that they wouldnt take it any further if i didnt. My chain of command made a big deal about it being my fault that i was over there and i could get in trouble for sleeping with someones wife. So they took their side and just told me to keep my mouth shut or it would be worse for me. Sorry for anyone who likes the military or has any faith in them but i don't and i just want out. How can i use therapy when i am out? would it be free? i plan to go to school and wont have any money left over.

no the male didn't have sex with me. and i don't have any symptoms of an STD, and its one of the requirements for the corpsman to send you to get tested.
sharon
You should visit your MH facility and talk to medical professional about the incident. That way you can get the correct diagnosis. Either way, all mental disorders are rated under the same criteria, except eating disorders. Make sure you get our treatment documented.

carlie
QUOTE (mik1587@yahoo.com @ Sep 26 2009, 04:47 PM) *
i dont want to go to authorities on it. that would make it worse, the only thing i have is that she kept sending me texts and calling me and when i told them i didnt want to do anything like that and it obviously only happend becasue i blacked out. They reported me to the command saying i was harrassing them and agreed that they wouldnt take it any further if i didnt. My chain of command made a big deal about it being my fault that i was over there and i could get in trouble for sleeping with someones wife. So they took their side and just told me to keep my mouth shut or it would be worse for me. Sorry for anyone who likes the military or has any faith in them but i don't and i just want out. How can i use therapy when i am out? would it be free? i plan to go to school and wont have any money left over.

no the male didn't have sex with me. and i don't have any symptoms of an STD, and its one of the requirements for the corpsman to send you to get tested.



mik,
I would talk to the chaplin and before I left service I would ask the chaplin for a
letter of support. Also I believe what you talk to MH and the chaplin about is
supposed to be totally confidential.
If you get out and go to a Vet Center for therapy there is no charge.
carlie
mik1587@yahoo.com
Just made an appointment with MH. Its going to take 3 weeks. i think i am going to walk into the Chaplin's office tomorrow and talk to him about this. i need to get it off my chest now. i have been holding it in so long and now i am ready to open up and no one is here to listen. i don't know how long it is going to take to get the meds i need to sleep, not sure if Chaplin can make a recommendation for the MH to look at my case sooner than 3 weeks.
mik1587@yahoo.com
I started my claim through the VA, i have a psych appointment on the 20th looking at me sleep problems and my depression. what all should i expect for this appointment? I have to go pick up a package on Tuesday with questionnaires and then like i said appointment on 20th. I just want to be aware if i am going to go in there and he is going to give me a hard time or just ask me about it. i am nervous. i do not feel like having someone tell me it didn't happen. Thanks guys.
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