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Ptsd Claim Denied - TRIGGERS


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#1 Winter

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Posted 16 April 2011 - 08:23 PM

I'm so upset right now, I can scream. I want to run, cry, shout, and then curl up and bed and sleep a few weeks. If I sound distressed, I am. The sad part is I feel like I'm being violated all over again. It's been approx 20 years since my stressor occurred. I was assaulted while asleep in the barracks. Let me first state that I was in the Army Reserve, and on annual training when this happen. I didn't know the guy, nor had I ever seen him before. I do know that the MP's apprehended him the same night. Apparently I was taken to the hospital, I have no memory of what happen after the incident. The next thing I remember was taking a polygraph. I'm sure of the results, but I do know I was threatened verbally and physically by military personnel. While I've tried to maintain a normal life, this incident has haunted every aspect of my life. For you see, I never knew if this guy was prosecuted. I do know that I was never contacted for a court hearing. I was too afraid to ask "did you all prosecute this assaulter?" My self worth suffered some many years, in so many ways. I finally filed for compensation, and while my CMP examiner agreed with the diagnosis from my doctor, I was denied. I received a call a few days ago, the examiner informed me that they coudn't find my orders for this duty station. I didn't have them after all this time, this was the reason for my denial. Do anyone have any suggestions how I could go about getting my orders from so long ago. I requested all of my military records. and no orders are there. A military comrade has a copy of those orders, but she refuse to give me a copy. Please tell me what can I do?

#2 john999

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Posted 17 April 2011 - 10:22 AM

Get a lawyer would be my suggestion to take some of this stress off you. When did you get your actual denial in writing for PTSD? You have one year to file a notice of disagreement. The military broke so many rules I don't know where to start. They obviously treated you as a criminal instead of a victim.

#3 Winter

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Posted 17 April 2011 - 03:05 PM

Get a lawyer would be my suggestion to take some of this stress off you. When did you get your actual denial in writing for PTSD? You have one year to file a notice of disagreement. The military broke so many rules I don't know where to start. They obviously treated you as a criminal instead of a victim.


Thank you so much for your reply. Yes, I was treated like a criminal, and that make it so much harder to bear. I received the decision just yesterday, and I feel like they're deliberately with intent continue to de-value my life. I am valuable, and while I know it, I must continuously remind myself. I know there are many others, but it seems I've suffered so long. Peace and Blessings to you.

#4 RonP

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Posted 17 April 2011 - 09:02 PM

First let me offer agreement with the feeling of injustice.

Believe it or not this can happen to men as well, I did not use THAT as my PTSD claim, as I was boots on the ground. Combat related
Pursue it as best you can.....My sympathies, Don't give up.
Ron


I'm so upset right now, I can scream. I want to run, cry, shout, and then curl up and bed and sleep a few weeks. If I sound distressed, I am. The sad part is I feel like I'm being violated all over again. It's been approx 20 years since my stressor occurred. I was assaulted while asleep in the barracks. Let me first state that I was in the Army Reserve, and on annual training when this happen. I didn't know the guy, nor had I ever seen him before. I do know that the MP's apprehended him the same night. Apparently I was taken to the hospital, I have no memory of what happen after the incident. The next thing I remember was taking a polygraph. I'm sure of the results, but I do know I was threatened verbally and physically by military personnel. While I've tried to maintain a normal life, this incident has haunted every aspect of my life. For you see, I never knew if this guy was prosecuted. I do know that I was never contacted for a court hearing. I was too afraid to ask "did you all prosecute this assaulter?" My self worth suffered some many years, in so many ways. I finally filed for compensation, and while my CMP examiner agreed with the diagnosis from my doctor, I was denied. I received a call a few days ago, the examiner informed me that they coudn't find my orders for this duty station. I didn't have them after all this time, this was the reason for my denial. Do anyone have any suggestions how I could go about getting my orders from so long ago. I requested all of my military records. and no orders are there. A military comrade has a copy of those orders, but she refuse to give me a copy. Please tell me what can I do?



#5 sharon

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Posted 18 April 2011 - 12:26 AM

The MPs would have had to file a report. Have the VA request the morning reports from that period of time. They are responsible for getting any records that are in the custody of a government agency. Also contact the Military Sexual Trauma (MST) coordinator at your Regional Office or VA Hospital for further assistance.

#6 Winter

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Posted 19 April 2011 - 05:55 PM

The MPs would have had to file a report. Have the VA request the morning reports from that period of time. They are responsible for getting any records that are in the custody of a government agency. Also contact the Military Sexual Trauma (MST) coordinator at your Regional Office or VA Hospital for further assistance.


Sharon thank you for your response. Military reports, and hospital documents was included. What I didn't have was the original group orders. I've tried to contact the company, but 282nd Aviation Batallion no longer exists. If you know of any statues that states the VA is responsible for obtaining any records from the custody of a government agency, please share this me. I have requested les documents from this period, and am awaiting these.

#7 carlie

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Posted 19 April 2011 - 06:16 PM

Sharon thank you for your response. Military reports, and hospital documents was included. What I didn't have was the original group orders. I've tried to contact the company, but 282nd Aviation Batallion no longer exists. If you know of any statues that states the VA is responsible for obtaining any records from the custody of a government agency, please share this me. I have requested les documents from this period, and am awaiting these.


Winter,
It would be of utmost importance for you to submit in writing to VBA, exactly what information
you want them to get and where it would be located.

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.159.pdf

§ 3.159 Department of Veterans Affairs

assistance in developing claims.

(b) VA's duty to notify claimants of necessary information or evidence.

(1)

When VA receives a complete or substantially complete application for

benefits, it will notify the claimant of any information and medical or lay

evidence that is necessary to substantiate the claim (hereafter in this paragraph referred to as the ''notice'').

In the notice, VA will inform the claimant which information and evidence, if any, that the claimant is to provide to VA

and which information and evidence, if any, that VA will attempt to obtain on behalf of the claimant.

The information and evidence that the claimant is informed that the claimant

is to provide must be provided within one year of the date of the notice.

If the claimant has not responded to the notice within 30 days, VA may decide

the claim prior to the expiration of the one-year period based on all the information and evidence contained in the file,

including information and evidence it has obtained on behalf of the claimant and any VA medical examinations or medical opinions.

If VA does so, however, and the claimant subsequently provides the information and evidence within one year of the date of the notice,

VA must re-adjudicate the

claim.

(Authority: 38 U.S.C. 5103

#8 hawkfire27

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Posted 19 April 2011 - 07:36 PM

Have you thought about applying under the new PTSD regulations.

It is my understanding under the new regs you do not have to provide proof of stressor like you used to and as the VA is apparently stating as the reason they will not grant your award.

You should just need a VA Psychiatrist to state the diagnosis. I am really surprised they denied you based on what seems to be missing duty papers?

Talk to a lawyer or VSO and think about doing a CUE based on the fact that you have a diagnosis and the new regs state you don't need to prove stressor anymore.

I am so sorry the VA is screwing you around. PTSD vets especially suffer with the VA BS. Just a little more stress for the all ready stressed out vet.

T4reat yourself, and take so time, but never give up, there are plenty of paths to take to get approval, and with the new regs you don't have to relive every little detail. Good Luck!


New PTSD regs: http://www.va.gov/PTSD_QA.pdf

#9 john999

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Posted 19 April 2011 - 08:16 PM

Winter

Remember, the VA's main motivation is that they just don't want to pay unless they have to pay. They don't care about you as a person or victim. It is just money going out the door in their eyes. It is not personal.

#10 Berta

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Posted 20 April 2011 - 07:06 AM

"What I didn't have was the original group orders. I've tried to contact the company, but 282nd Aviation Batallion no longer exists."


I got many hits on the net for 282nd Aviation Battalion.

Have you accessed them to see if they could produce some help?

#11 hedgey

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Posted 20 April 2011 - 11:05 AM

Winter, hugs and more hugs... cyber-wise.

Berta has a good idea about checking out those unit-related websites. You might not have the orders, but there was a whole unit of people there with you. SOMEBODY will have the orders, or at the least, can give you a buddy statement that verifies that the unit was doing training at such & such a place & time frame.

The F*******G VA. They know how to track down orders, and they have a duty to assist. Especially when you have given the unit name, the time & location of the unit's whereabouts, an event with MP records.... But do they? No. (and the asterisks can be interpreted individually based on your own personal feelings about profanity).

The burden is always on the vet.

Sorry, rant mode off.

Winter I'm so sorry this is happening to you, and all you're suffering. Don't give up, okay?