20 years USAF, Vietnam part ’68-’69, Service Personnel Record (SPR) heading COMBAT plainly states TET OFFENSIVE ’69 (missing TET OFFENSIVE ’68). VA already accepted my Vietnam duty plus awarded ‘presumptive’ diseases because of.
VA Mental Health Psychiatrist, an MD and VA Psychologist, a PhD diagnosed me with PTSD, Depression, Anxiety, and other in 2009 thru today. Been on prescribed anti-depressants since active duty in 1985 (normal retirement July 1987),
Continuously under VA mental care, VA psychiatrist and VA psychologist thru the present..
Original PTSD claim 2006 and always denied for: No records found in VAMC, No combat Ribbon, but never scheduled for a C&P PTSD Eval ( I know the PTSD Law including change in July 2010)
90% of my Medical Treatment is OUTSIDE the VA, except EYES, EARS, Mental Health.
All Mental Health RECORDS have been in “Constructive Possession” of the VA forever. They just never looked for them in VISTA.
My NOD of 2013 Rating included 120 pages of VA Mental Health Records printed at the Phoenix VAMC (with plainly DIAGNOSED PTSD on recurring pages from 2009-02013). Also included 9 fully detailed Active Duty Stressors, 14 pages of detailed explanation of each STRESSOR, and VA LAW references.
In the Statement of the Case (SOC), even though I submitted all of this as NEW & MATERIAL EVIDENCE, the VA neither stated that they accepted it as such or rejected it but almost towards the end of the SOC they wrote this:
“We received your medical evidence from the Phoenix VA medical Center which discusses the symptoms of your medical condition.”,
“The available medical evidence is insufficient to confirm a link between current symptoms and an in-service stressor.”
“Therefore, service connection for post traumatic stress disorder remains denied.”
So they agree it is evidence but IGNORE a legal MEDICAL diagnosis.
In November 2013 I was awarded 50% for DEPRESSION, ANXIETY, and other with: “Effective Date NOT set” and “PTSD Claim is considered re-opened”,
Interesting because I have been on prescribed anti-depressants from 1985(active duty), thru TODAY and documented in civilian medical records that the VA indicates it has from 1991-2008, received by the VA in 2005. This medication also in VA Mental Health records thru the Present.
Additionally, in that same rating of 2013, I was awarded 6 months of retro pay to the day BEFORE the DRO Video Conference, with the statement “This is considered a partial award!”. This PARTIAL AWARD needs to RETRO PAID back to 1987.
I didn’t know that depression was RATEABLE so I never claimed it but the DRO in 2013 took all my information on DEPRESSION back to AF time but told me in the beginning of the conference that he would NOT address and of the PTSD claim.
1) How do I get the VA to follow the laws regarding PTSD, COMBAT, verifiable stressors, and the fact that:
2) the Air Force NEVER had a COMBAT ribbon until about 1988.
3) My UNIT of assignment has a PUC with a “V” for the years I was assigned to them.
4) I have BOTH Vietnam Campaign and Vietnam Service medals with ‘clusters’.
What do I need help with:
I want the VA to add PTSD to my SC disability, not in place of the 50% Depression but as part of that SC rating, all the way back to 2006 original claim, or 2008-2009 VA PTSD Diagnosis. That would be a RETRO pay that I deserve.
Can you help me?