• Announcements

    • How to get your questions answered.

      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ http://www.hadit.com/forums/index.php?/topic/40804-va-fl-09-33/ http://www.hadit.com/forums/index.php?/topic/40972-va-fl-09-28/ http://www.hadit.com/forums/index.php?/topic/40671-va-fl-09-27/ http://www.hadit.com/forums/index.php?/topic/40973-va-fl-09-26/ http://www.hadit.com/forums/index.php?/topic/40803-va-fl-09-25/ http://www.hadit.com/forums/index.php?/topic/40802-va-fl-09-21e2/ http://www.hadit.com/forums/index.php?/topic/40801-va-fl-09-21/ http://www.hadit.com/forums/index.php?/topic/40799-va-fl-09-20/ http://www.hadit.com/forums/index.php?/topic/40798-va-fl-09-17/ http://www.hadit.com/forums/index.php?/topic/40974-va-fl-09-15/ http://www.hadit.com/forums/index.php?/topic/40975-va-fl-09-13/ http://www.hadit.com/forums/index.php?/topic/40797-va-fl-09-10e1/ http://www.hadit.com/forums/index.php?/topic/40796-va-fl-09-10/ http://www.hadit.com/forums/index.php?/topic/40795-va-fl-09-09/ http://www.hadit.com/forums/index.php?/topic/40976-va-fl-09-08/ http://www.hadit.com/forums/index.php?/topic/40794-va-fl-09-07/ http://www.hadit.com/forums/index.php?/topic/40793-va-fl-09-06/ http://www.hadit.com/forums/index.php?/topic/40977-va-fl-09-05/ http://www.hadit.com/forums/index.php?/topic/40731-va-fl-08-41/ http://www.hadit.com/forums/index.php?/topic/40730-va-fl-08-38/ http://www.hadit.com/forums/index.php?/topic/40729-va-fl-08-36/ http://www.hadit.com/forums/index.php?/topic/40728-va-fl-08-34/ http://www.hadit.com/forums/index.php?/topic/40726-va-fl-08-33/ http://www.hadit.com/forums/index.php?/topic/40725-va-fl-08-31/ http://www.hadit.com/forums/index.php?/topic/40978-va-fl-08-29/ http://www.hadit.com/forums/index.php?/topic/40724-va-fl-08-26/ http://www.hadit.com/forums/index.php?/topic/40723-va-fl-08-23/ http://www.hadit.com/forums/index.php?/topic/40722-va-fl-08-20/ http://www.hadit.com/forums/index.php?/topic/40979-va-fl-08-15/ http://www.hadit.com/forums/index.php?/topic/40721-va-fl-08-12/ http://www.hadit.com/forums/index.php?/topic/40720-va-fl-08-10/ http://www.hadit.com/forums/index.php?/topic/40719-va-fl-08-08/ http://www.hadit.com/forums/index.php?/topic/41580-va-fl-08-02/ http://www.hadit.com/forums/index.php?/topic/40717-va-fl-07-27/ http://www.hadit.com/forums/index.php?/topic/40980-va-fl-07-19/ http://www.hadit.com/forums/index.php?/topic/40981-va-fl-07-15/ http://www.hadit.com/forums/index.php?/topic/40718-va-fl-07-10/ http://www.hadit.com/forums/index.php?/topic/40716-va-fl-07-07/ http://www.hadit.com/forums/index.php?/topic/40715-va-fl-07-06/ http://www.hadit.com/forums/index.php?/topic/40701-va-fl-07-01/ http://www.hadit.com/forums/index.php?/topic/40983-va-fl-06-29/ http://www.hadit.com/forums/index.php?/topic/40699-va-fl-06-28/ http://www.hadit.com/forums/index.php?/topic/40984-va-fl-06-27/ http://www.hadit.com/forums/index.php?/topic/41579-va-fl-06-26/ http://www.hadit.com/forums/index.php?/topic/40698-va-fl-06-25/ http://www.hadit.com/forums/index.php?/topic/40986-va-fl-06-24/ http://www.hadit.com/forums/index.php?/topic/40987-va-fl-06-21/ http://www.hadit.com/forums/index.php?/topic/40988-va-fl-06-19/ http://www.hadit.com/forums/index.php?/topic/40696-va-fl-05-08/ http://www.hadit.com/forums/index.php?/topic/40697-va-fl-04-13/ http://www.hadit.com/forums/index.php?/topic/40989-va-fl-04-06/ http://www.hadit.com/forums/index.php?/topic/42415-va-fl-02-24/ http://www.hadit.com/forums/index.php?/topic/41582-va-fl-01-94/ http://www.hadit.com/forums/index.php?/topic/40990-va-fl-00-44/ http://www.hadit.com/forums/index.php?/topic/41581-va-fl-00-33/ http://www.hadit.com/forums/index.php?/topic/40991-va-fl-99-124/ Miscellaneous http://www.hadit.com/forums/index.php?/topic/40993-best-practice-manual-for-posttraumatic-stress-disorder-ptsd/ http://www.hadit.com/forums/index.php?/topic/44264-auditory-noise-fsh-regulation-no-40-7-appendix-b/ http://www.hadit.com/forums/index.php?/topic/44266-auditory-noise-duty-mosjob-title/ http://www.hadit.com/forums/index.php?/topic/44265-auditory-noise-cam-regulation-40-5/ VHA Directives Number Title http://www.hadit.com/forums/index.php?/topic/41073-va-vha-directive-2010-045/ http://www.hadit.com/forums/index.php?/topic/42174-vha-directive-2010-033/ http://www.hadit.com/forums/index.php?/topic/42175-vha-directive-2010-029/ http://www.hadit.com/forums/index.php?/topic/42176-vha-directive-2010-014/ http://www.hadit.com/forums/index.php?/topic/42177-vha-directive-2010-012/ http://www.hadit.com/forums/index.php?/topic/42178-vha-directive-2010-009/ http://www.hadit.com/forums/index.php?/topic/42179-vha-directive-2009-048/ http://www.hadit.com/forums/index.php?/topic/42180-vha-directive-2009-047/ http://www.hadit.com/forums/index.php?/topic/42150-vha-directive-2008-071/ http://www.hadit.com/forums/index.php?/topic/42181-vha-directive-2008-070/ http://www.hadit.com/forums/index.php?/topic/44263-vha-directive-2008-005/ http://www.hadit.com/forums/index.php?/topic/42182-vha-directive-2007-039/ http://www.hadit.com/forums/index.php?/topic/42183-vha-directive-2007-024/ http://www.hadit.com/forums/index.php?/topic/42184-vha-directive-2007-016/ http://www.hadit.com/forums/index.php?/topic/42185-vha-directive-2007-013/ http://www.hadit.com/forums/index.php?/topic/42186-vha-directive-2006-057/ http://www.hadit.com/forums/index.php?/topic/40994-va-vha-directive-2006-013/ http://www.hadit.com/forums/index.php?/topic/42187-vha-directive-2000-029/

Archived

This topic is now archived and is closed to further replies.

Ptsd Denial

12 posts in this topic

Posted · Report post

I have been fighting for my VA benefits for 20+ years. My VA Psychiatrist wrote

a letter on my behalf stating my PTSD was Service connected. I have been treated

by the VA for nearly 10 years for my PTSD and other service related illnesses. I am only 10% service connected right now for migraines.

Washington DC has denied me 3x saying my Psychiatrists letter was heresay and she based her information only on what I have told her. If the VA is treating me fro PTSD

when why are they not compensating me for my PTSD!!

I also have Fibromyalgia, Panic Anxiety Disorder, Sleep Disorder, Endometrosis (Not cureable) Loss of a tube and Ovary while in Service, MVA on base, the list goes on.

Records are conveniently not avaliable and Washington keeps asking me for new

information to consider my claim to be re-evaluated My Psychiatrist is well-reknowned

in the field for PTSD and for them to question her expertise is appalling to me any advice?

Share this post


Link to post
Share on other sites






Posted · Report post

I would be looking for one of those Special Attorneys "Ones that Win"

You are oin the Twilight zone if you think you can win by yourself......good luck.....you been had as some would say.

RP

I have been fighting for my VA benefits for 20+ years. My VA Psychiatrist wrote

a letter on my behalf stating my PTSD was Service connected. I have been treated

by the VA for nearly 10 years for my PTSD and other service related illnesses. I am only 10% service connected right now for migraines.

Washington DC has denied me 3x saying my Psychiatrists letter was heresay and she based her information only on what I have told her. If the VA is treating me fro PTSD

when why are they not compensating me for my PTSD!!

I also have Fibromyalgia, Panic Anxiety Disorder, Sleep Disorder, Endometrosis (Not cureable) Loss of a tube and Ovary while in Service, MVA on base, the list goes on.

Records are conveniently not avaliable and Washington keeps asking me for new

information to consider my claim to be re-evaluated My Psychiatrist is well-reknowned

in the field for PTSD and for them to question her expertise is appalling to me any advice?

Share this post


Link to post
Share on other sites

Posted · Report post

Hi,

I am fighting my claim as well for PTSD. If you are looking for some advice from this group, you must first describe your current situation.

Please post information like the following:

* When and where did you first file for PTSD and what was the decision and their reasons?

* Did you have a documented stressor event in your file?

* Did you file a NOD before the 1 year response date?

* Have you completed an appeal?

Please remember that the facts speak for themselves and the VA must follow certain guidelines. Take your time when responding and try to enter data that helps us to help you.

Share this post


Link to post
Share on other sites

Posted · Report post

Hey wolf,

Being diagnosed with PTSD is a big hurdle to cross. But the VA will also need additional information to confirm the stressor(s). If your PTSD was combat related, certain combat awards and other evidence may be required. If your PTSD was due to personal assault, other information will be required (see VBA Form 21-0781a, section 7 on page 3).

Your decision letter explains the details why your claim was denied. Did they indicate anything else other than the hearsay part? The VA should say if the stressors have been confirmed or not.

In tough situations like this, I would also recommend Ron's advice to locate a good attorney, probably one that works on contingency. This means they get paid a portion of any backpay you may receive involving the claim. Something of something is better than nothing. Also, don't let your claim go stale and don't give up!

Share this post


Link to post
Share on other sites

Posted · Report post

Good advise here-

the diagnosis of PTSD is only one hurdle.

What NSA Saigon said is crucial:

"Did you have a documented stressor event in your file?"

Or have the CAR, PH, or CIB on your DD 214?

If not what have you done to prove the stressor?

Did VA run the stressor through JSRRC and if so, did you do that as well too?

Share this post


Link to post
Share on other sites

Posted · Report post

My VA Psychiatrist wrote a letter on my behalf stating my PTSD was Service connected.

I have been treated by the VA for nearly 10 years for my PTSD and other service related illnesses.

Washington DC has denied me 3x saying my Psychiatrists letter was heresay and she based her information only on what I have told her. If the VA is treating me fro PTSD

when why are they not compensating me for my PTSD!!

wolfgang,

Too bad the Psychiatrist did not state she had gone thru your records and opined on WHAT HAPPENED on active duty

that resulted in your having PTSD. This is known as a stressor and you need to show one that is verifiable or evidence

that the VBA will automatically concede as a stressor for PTSD.

When and where did you do active duty. Were you ever in a combat area ?

Do you have any awards on your DD214 ?

What was the event that led to your diagnosis of PTSD ?

Share this post


Link to post
Share on other sites

Posted · Report post

the VARO did the same thing to me for the first 3 years they just kept saying I had no proof of stressor and even stated they had tried to locate the court martial records of the men whom I claimed attacked me in Jan 2005 I called the Clerk of Court DA JAG and a very nice lady asked me a few questions and within 5 minutes had found the 4 general court martials where I was a witness against the men, all 4 were convicted and sentenced to Leavenworth Disciplinary Barracks for 15 years for attempted murder and robbery, she asked me if I needed the summaries or the complete printed transcripts, I told her I thought the summaries would be enough I asked her how much for the copies she said they would be free and within a week she mailed them to me.

I had a DRO hearing about the denial of my PTSD and heart problems when I dropped the copies of the court martial on them I was led to believe my claims would be granted and they would stop the game playing oh hell no, when I got the award letter 3 months later they again denied the "heart problems" and my PTSD was granted at 50% I filed the NOD the very next day sorry SOBs a year later I was again sent for a C&P which lasted about 5 minutes and my PTSD was granted at 100% P&T they again denied the heart problems I filed the NOD the very next day (persistent bastard, ain't I?) I kept the claim alive though and at this point they allowed us to get lawyers for BVA appeals but since my claim was denied before June 2007 I was not allowed to "hire" a lawyer but there is nothing in the rules about a "pro bono" lawyer taking your case the lawyer that did my BVA appeal was very good she tried to settle it at the RO level the first time they said NO, she filed the Form 9 that was in August 2008 in Feb 2009 we had the BVA hearing on Apr 7 I got the letter from BVA granting the CAD and hypertension claims in June 2009 we got the award letter and the back pay to Dec 2003 for SMC S

I am now in the process of trying to get the earlier effective date based on a letter I sent to then Sec Principi as a "informal claim" dated 21 Nov 2002 that the VARO never put into my file nor the reply from the Director of the Alabama VARO dated 6 Dec 2002 why they had the Alabama guy do it is strange in that at the time I lived in Augusta GA and was using my wife's mothers house in Hopkins SC as my home of record as we had just married and were moving from Augusta to SC and did not know what our address would be

bottom line is you still have to show proof of stressors even with the diagnosis granted you have PTSDS now you have to PROVE that something happened while you were on active duty that caused it and you have to submit the proof, MP reports, police reports, hospital records, accident reports etc what ever the cause if you have to prove it did happen just having a doctor say it is service connected is not good enough by their rules the VA shrink was not there when the stressor occurred so the the VA it is just heresay regardless of how good or respected the doctor is, I had a retied Army Colonel MD write one of my IMOs and the VARO dismissed it as not being relevant

the VARO will use a C&P exam done by a Nurse Practitioner to dismiss a medical opinion of a board certified doctor and if they could they would use a janitor to do the C&P exams and just have a MD sign off on them to do denials the VA usually does what it wants why because they can

find the evidence you need proof always wins it mat take a decade or more to find the right judge just keep appealing and find the proof you need

Share this post


Link to post
Share on other sites

Posted · Report post

Keep fighting TestVet for that EED. Effective dates is the last chance the VA has to really screw a vet and they use that chance. It is all a disgrace the way they treat us. When you go back years and years for an EED or CUE they really get dumb and nasty.

Share this post


Link to post
Share on other sites

Posted · Report post

Wolfangel -since you have been fighting the VA for 20 years-

I am sure you realize you need to have proof of the PTSD stressor.he BVA probabvly made the same point to you as within this 2010 decision.

If JSRRC couldn't find it (per the VA)I sure suggest to send JSRRC a letter asking them to verify it and give them as many details as possible as to time and place,unit etc.

Also you can access unit historys on line, as well as attempt to find a buddy for a buddy statement.

The VA's take on stressors is this:

"Service connection for PTSD requires: (1) medical evidence

establishing a diagnosis of the condition; (2) credible

supporting evidence that the claimed inservice stressor

occurred; and, (3) a link established by medical evidence,

between current symptoms and an inservice stressor. 38

C.F.R. § 3.304(f).

Furthermore, if the Veteran did not engage in combat with the

enemy, or if the claimed stressors are not related to combat,

then the Veteran's testimony alone is not sufficient to

establish the occurrence of the claimed stressors, and that

testimony must be corroborated by credible supporting

evidence. Cohen v. Brown, 10 Vet. App. 128, 147 (1997).

Accordingly, service records or other corroborative evidence

must substantiate or verify the Veteran's testimony or

statements as to the occurrence of the claimed stressor. See

West (Carlton) v. Brown, 7 Vet. App. 70, 76 (1994); Zarycki

v. Brown, 6 Vet. App. 91, 98 (1993).

Moreover, a medical opinion diagnosing PTSD does not suffice

to verify the occurrence of the claimed inservice stressor.

Cohen, 10 Vet. App. at 142. The Court of Appeals for

Veterans Claims (Court) has held that, "[j]ust because a

physician or other health professional accepted appellant's

description of his [wartime] experiences as credible and

diagnosed appellant as suffering from PTSD does not mean the

[board is] required to grant service connection for PTSD."

Wilson v. Derwinski, 2 Vet. App. 614, 618 (1992)"

http://www4.va.gov/vetapp10/files2/1016880.txt

MANY here have had to do plenty of legwork to prove they experienced an inservice stressor even with a VA diagnosis of PTSD.

Share this post


Link to post
Share on other sites

Posted · Report post

didnt obama sign some new law last summer making it easier to prove PTSD

Share this post


Link to post
Share on other sites

Posted · Report post

Chuck yes he did but that didn't mean give away the candy store there still has to be something to hang the approval on some bit of evidence other than just the veterans say so it's easier for OIF and OEF vets to get their claims thru but Nam claims are still going to be harder to get approved if you don't have the right awards or Purple Heart etc just being in Nam is not going to get you PTSD

for my 2 cents I actually think these new rules are actually going to make it harder to get claims approved now that you HAVE to have a VA shrink diagnose the PTSD and can;t use private docs to write IMOs for diagnosing new rules are not always better rules

Share this post


Link to post
Share on other sites

Posted · Report post

Right:

http://www.va.gov/PTSD_QA.pdf

"The new rule will apply to claims:

"- received by VA on or after July 13, 2010;

- received before July 13, 2010 but not yet decided by a VA regional office;

- appealed to the Board of Veterans' Appeals on or after July 13, 2010;

- appealed to the Board before July 13, 2010, but not yet decided by the Board; and

- pending before VA on or after July 13, 2010, because the Court of Appeals for Veterans Claims vacated a Board decision and remanded for re-adjudication. "

The MOS has to be consistent with the stressor.

Share this post


Link to post
Share on other sites












  • HadIt.com Twitter