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I just became aware of this forum. After several hours of reading, just wanted to throw my situation out for comments.
I suffer from PTSD, VietNam 69-70. I have the diagnosis big time, GAF Score 30, two professional diagnosis agree caused by RVN experiences.
My problem is that the VA turned me down because for service connection because I was unable to prove I was in combat! It seems most have the the reverse problem, proof of the stressor but trouble getting a diagnosis.
I have studied the system, and see what my problem is, I cannot recall dates of stressors, and of course have no knowledge if they were even reported. The way it works is that the VA goes to the Joint Services Records Research Center and simply asks them "did this and this happen on this date?". It takes a year for them to search to get a no answer and you are disapproved!
I have decided to go in the back door so to speak. I am planning on going to the National Archives and FIND THE STRESSOR information, then simply attach the National Archives documents to my appeal. Am I on the right track, or is there a better way to solve my problem?
This system seems like a preposterous guessing game, carefully devised to insure a low approval rate, hoping I can choose something that even exists in the records, and that I guessed the exact date. Comments anyone?
 
Posts: 2112 | Registered: Thu 28 August 2003Reply With QuoteEdit or Delete Message
"Has Been 5"

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I will respond. First you need a veterans organization service officer to assist you. The VA regulations requires proof of a stressor. Normally (not always) your DD 214 will show indication of combat, such as medals, MOS, unit assignement in some cases, etcetera. Some times the DD 214 does not show the required information because the person typing the DD 214 omitted the data. On all cases of this nature I order the veterans military or naval services personnel records so I can review them to determine proof of stressors.
Please go to the introduction of this Discussion Board and you will see a link to my website click on the word here and you will find information that will help you very much.


I will cast no stones!

Dave Barker
 
Posts: 12707 | Registered: Tue 12 November 2002Reply With QuoteEdit or Delete Message
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First off, thanks Dave Barker for your reply and comments.
All "Veterans Organizations Services Officers" I have encountered so far have been not only of no value, but have marched me backwards. I wasted almost a year for instance by submitting a stressor that my VSO encouraged me write, that was not even qualifed as a stressor by the VA! Seems like fragging incidents are not counted, since they are not done by "the enemy soldiers". I certainly do not mean this as a slam to ALL such officials, yourself obviously a fine exception. In fact I often recommend to a veteran that he see a service officer, in most cases here they are not trained, have no incentive to assist veterans, and often spread incorrect information.
According to the CFR, I don't have to prove a stressor occurred per the following quote from the CFR:
"If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor."
So how does one prove he "engaged in combat" 40 years after the incidents? Merely having an infantry specialty or badges count, but being in a combat zone or being awarded a Bronze Star Medal, Army Commendation Medal, Campaign Medals, unit awards etc do not.
I see you are a Navy guy, this is sort of like the Navy saying that only persons with an engine room specialty qualify when the ship is hit and sinks, since the rest of you apparently could jump overboard, and it makes no difference if you were in the mess hall cooking dinner, and it happened to be the point of impact on the ship, you don't qualify, but now you must prove that you were on the ship or in the mess hall when it sunk. Pretty hard to do.
Right or wrong, I have this day hired a professional researcher to go thru the National Archives and find incidents that I was involved in, in order to produce the proof the VA claims it needs that I "engaged in combat.". I guess you would have had to been there and experienced it to feel how silly this actually seems to me. Had I only known, I would have taken photos, names, statements of witnesses, copies of unit journals instead of concentrating on keeping alive and doing my job.
 
Posts: 2112 | Registered: Thu 28 August 2003Reply With QuoteEdit or Delete Message
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Hello,
I used 'Combat After Action Reports' to help prove my case. I also had a very good VSO to do this, as I don't know how to get them.

Regards, Flash
 
Posts: 1943 | Registered: Wed 23 August 2006Reply With QuoteEdit or Delete Message
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Hi,

I had very good VSO help me. Here the Florida Dept of Veteran's Affairs, is actually have an office at the VAMC. They didn't make me write anything. They listend to me, reviewd my records, and typed it out for me while I was there. Had me review what they wrote, sign it, and sent it off after giving me a copy.

I would still get a VSO, you just might have a trial and error to find a good one where you.
 
Posts: 1866 | Registered: Tue 31 January 2006Reply With QuoteEdit or Delete Message
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Thanks Flash 69 and C130aviatrix (I love that handle!)
I am further convinced that you people did it right the first time. I cannot even visualize a VSO actually getting involved enough to prepare the paperwork or attempt to understand the problem.
I have decided I will obtain the reports, THEN use one of them for the stressor proof. Sure makes more sense to use one in the files, rather than to keep submitting stressors with the wild hope it might have been recorded on whatever VA chooses to look at. Besides, it allows me to pin down an exact date as well as refresh my recollections.
I am still unsure of what records to look for, it appears that the Unit Journal is the most productive of what I need. I spent many months getting all the ORLL's from the unit (Operational Readiness, Lessons Learned) and wound up with nothing. I was in an Engineer Battalion, so they of course concentrated solely on construction methods and innovative ideas to do construction in a combat environment, had nothing to do with enemy action, I doubt if they submitted combat after action reports, not sure.
Say C130 gal, did you ever come across a C130 guy named Christopher Reichart by chance? (maintenance, not pilot)
 
Posts: 2112 | Registered: Thu 28 August 2003Reply With QuoteEdit or Delete Message
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that name is familiar -- i was maintenance before i got out, when I started having problems related to my Trauma. Went to AMMOC and everything.

I don't know for sure though. Was he a member of the 317th MXS?
 
Posts: 1866 | Registered: Tue 31 January 2006Reply With QuoteEdit or Delete Message
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He was in Germany at the time I think you would have known him I suppose, was in Quatar earlier as well at beginning of Iraq thing. He had a half dozen years or so as AF enlisted prior, is a Major in Oklahoma now. An old friend from waaaaaaay back when he was a kid. Always went by Chris, was C130 maint officer, cannot recall the unit, will have to ask him. I am US Army.
 
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When you saw action, were there any Combat Units nearby involved also? If you can remember the combat unit and date/month, maybe their report can be used.

I went through three VSO's before I found one that could help me. I almost gave up.
 
Posts: 1943 | Registered: Wed 23 August 2006Reply With QuoteEdit or Delete Message
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Im not sure I know him... but that last name is familiar
 
Posts: 1866 | Registered: Tue 31 January 2006Reply With QuoteEdit or Delete Message
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Say Schwanke, having an established stressor is no guarantee of success with the VA. My GAF was 40 plus a Purple Heart and being sent back from Viet Nam on a stretcher. They gave me 30% PTSD in (VA math paid me at 20%). Go figure. Damn VA, I'm appealing.
 
Posts: 47 | Registered: Fri 25 August 2006Reply With QuoteEdit or Delete Message
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DAMN! And I just thought I had problems. I turned down a purple heart and thought that was a doomsday act, maybe not.
 
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Flash69: Most of the real interesting action I saw I was with with my Batallion Commander, who died a year or so ago, really messed up my plans. We were a construction engineer unit, and one day each week I had to go with him to all the construction sites. The next best bet was as Officer of the Guard for a perimeter section, about every 10 days. At those times however we were under the control of some other base unit and I don't remember it either. You try for 40 years to forget stuff, then it becomes important to remember it all!
 
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For Mike 3121 and anybody else who is doing research, I have found a wealth of information from this site: http://www.index.va.gov/search/va/va_search.jsp?SQ=vt_vetapp06_ext&QT=PTSD
It is the Board of Veterans Appeals site, and if you put in PTSD for instance, you will see every case that went to them, the reasons, and the final decision with reasons. If nothing else, you can see the issues that DON'T work to avoid making the same mistakes, as well as the arguments that are successful.
 
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"Has Been 5"

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Thanks Donald!

That is why W's command so much respect, I salute you!!!! Clapping


I will cast no stones!

Dave Barker
 
Posts: 12707 | Registered: Tue 12 November 2002Reply With QuoteEdit or Delete Message
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Schwanke, there are folks here, like Dave, who will give you a better answer than I will, but I have3 been through the same type of problem

I did not have a combat MOS. I was a Photographer / writer for Army publications. I followed a lot of units in action, but was never even TDY to them. I flew around the country with a Press Card, and covered operations that I thought were interesting, and relative to my unit, the 4th Infantry Division.

I showed a lot of my photographs to the VA, and they said, so what, anyone could have taken these! I showed them my air medal, which I got for combat assaults and combat support, and they said, so what!

They told me to geet letters from fellow servicemen who witnessed me in stressor situations. I could have done that, but by that time I was getting so pissed off I walked away from the process.

When I finally went baack and tried again, it was with letters from and to friends who I served with, and at home, as well as a daily Diary I kept in Vietnam, that proved my stressor. (Proved quite a few of them actually.)

It's a stupid game we have to play. All I can say is don't give up, and don't refuse any help.

A VSO can be a great help, find a good one. Interview them like you would a Doctor or good mechanic. There are some, like Dave, who know a whole lot more than others, and care more too.

My claim took almost 5 years to complete. It was stressful, and a pain in the butt. There were times I wished I never started. I had the PTSD diagnosed early on, and that didn't help me deal with the situation. I knew I was angry and my patience was limited.

Just don't give up. You and we know you deserve Service connection. I'm actually surprised that a documented Fragging isn't sufficient, as it meets the criterea for "fear of death", or death of a "friend or comarade."

Hang in there Don. Keep posting here for support. Most of us here have been through the same type of stuff.

Don't give up. Don't give up. Don't give up. That's what they want. I swear that some of them do nothing but try to disapprove claims.

Good luck Brother

Bill
 
Posts: 343 | Registered: Mon 31 October 2005Reply With QuoteEdit or Delete Message
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Thanks so much Bill! Thanks, thanks, thanks! I can certainly see from your post that you have been there and done that, you reflected EXACTLY the feelings I have had. I too consider just giving up, then so filled with anger I could kill (again).
I wish I could express to you how much your post means to me. I WILL NOT let the bastards wear me down! Thanks again!
Don
 
Posts: 2112 | Registered: Thu 28 August 2003Reply With QuoteEdit or Delete Message
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quote:
Don't give up. Don't give up. Don't give up. That's what they want. I swear that some of them do nothing but try to disapprove claims.


Schwanke,
I thought this was well known, but here again:

The VA claims processing division hires lawyers whose 'sole' purpose is to 'deny' claims, and that's 'all' they are hired for.
That explains some of the ridiculous rhetoric stated in denials. Never.. give up the fight.

Buddy letters are strong evidence.

It 'is' a game. I was lucky to eventually find a VSO that knew how to play it. As you, I did much on my own at first..very much. Then I went through 3 VSO's,2 that set me back also. The third was a VSO that thinks 'outside the box' as Dave Barker. The VA will take one word out of context, and base a multi-page denial on it.

I also had a non combat MOS even though I was a combatant. At the time I did not want to re-up a year to change it(MOS).

This post is based on my personal experience and not intended as advice, but I have to agree with Dave...You need a VSO. Respectfully, Flash
 
Posts: 1943 | Registered: Wed 23 August 2006Reply With QuoteEdit or Delete Message
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P.S. I also know 2 Engineers that have ratings.

Never give up the fight! Gun
 
Posts: 1943 | Registered: Wed 23 August 2006Reply With QuoteEdit or Delete Message
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Thanks Flash69 for the encouraging words. I think I DO have a VSO, from a distance Dave.
I have discovered that in a precedence setting case, (Pentecost v. Principi) the court of appeals for Veterans Claims indicated that a rocket or mortar attack at a large base in Vietnam may be a sufficient PTSD stressor, and a veterans claimed personal exposure to the attack will be satisfactorily corroborated by his presence with his unit whick was generally exposed to the attack.
Much the same as lightning, I am going to take the course of least resistance. I have a researcher at the National Archives, getting me copies of my unit reports of the many rocket attacks that our base had, and will use the documented cases for my stressors, complete with copies from the archives and archive data for them to go check on quickly.
I love being able to back up my claim with precedence setting court cases! Think it will work?
 
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