VADenialDec02
Justification or Humiliation
Department of Veterans Affairs
08/12/2002
CSS RA11761750
James Raab
xxx forest avenue
xxx Harbor NJ
Dear Mr. Raab
Service records show that on DA form 3082-R dated 08-25-71 the veteran signed the document indicating, that he underwent a separation medical examination more than 3 working days prior to his departure from his place of separation and to the best of his knowledge there has been no change in his medical condition. Service records do not show that the veteran fell from a watchtower in Vietnam.
Treatment summary from VAMC-Lyons dated 03-26-02 received 03-29-02. The veteran gives information about his history in Vietnam, and what happened to him. He reports that he fell from a watchtower in Vietnam. He remembers waking up somewhere, in a place that had indoor plumbing, and surmises that it was in a military hospital. He stated that he had become fearful and disoriented and was hiding in a bathroom crying, when people came to assist him. The veteran reports that his claim had been denied in the past, because of inability to recall his traumatic experiences and the dates upon which they occurred. The VA examiner at VAMC Lyons states based on the veteran's history, it appears that this veteran is unable to report these experiences because he suffered a head injury while in the war zone.
On the V A. exam dated 05-28-02, the veteran indicates he was shot at when he was going in a truck in Vietnam, by the enemy. The veteran states he saw dead people. At one point while in service, he states he fell out of a watchtower when he was in DA Nang and hurt his head. He states while he was in the DMZ (Not) he felt he was in danger for his life.
The V A. examination dated 05-28-02 the veteran gives a history of a head injury in Vietnam. The veteran indicates he was treated primarily for the head injury in Vietnam, than he was released. Later on, he does not exactly recall when he started to get seizures initially they were called generalized tonic clonic and then it was changed to partial type seizures. According to the veteran, his last seizure was about a few months ago, The V A. examiner stated the records show that initially the veteran was started on Phenobarbital with good results then his seizures got worse and are being treated with a new medication for seizures called Trileptal 1200mg twice a day. The veteran denies any recent seizure activities. The veteran indicates he had an outside CAT scan and EEG, and was given the diagnosis of temporal lobe seizures.
V A medical center treatment records reveal treatment at mental health clinic for PTSD. These records also include a report of hospitalization for PTSD at VA Medical Center Lyons between February 1997 and April 1997. V A neurology examination diagnosed temporal lobe seizures (complex partial seizures predominantly, most likely etiology is post traumatic seizure disorder)
The VA examiner indicates the veteran did have a history, of alcoholism and drug addiction, but currently the veteran denies any alcohol and drug abuse. The veteran indicates he has a history of post traumatic stress disorder and has a history migraine and tension type headaches. The veteran is currently on Imitrex for headaches. His other medications include Robaxin, Vioxx, and Risperdal. He also takes Trileptal for seizures. Diagnosis: Temporal lobe seizures (complex partial seizures predominantly, most likely etiology is post traumatic stress disorder).
The V A. psychotherapist Dr. Goldstein has seen you for bi-weekly individual psychotherapy sessions since August 2000. According to Dr. Goldstein you present with classic symptoms of PTSD with intrusive memories of Vietnam. She also states you reported falling from a watchtower in Vietnam.
Treatment records from the V A. New Jersey Health care system dated 12-26-2000 indicates the veteran had a serious accidental head injury in 12-2000; a heavy railroad tie weighing almost 100 lbs fell over his head. Fortunately, he did not suffer any skull fracture, but the scalp wound required several stitches.
In his May 11, 2001, letter Dr. Mueller stated as follows" Mr. James Raab (RA 11761750) has been treated by me for Temporal Lobe Epilepsy (TLE) which dates back to brain injuries suffered in the Vietnam war”. The doctor goes on to state that you "had been mistakenly treated for Post-Traumatic Stress Disorder over the past 30 years" until he saw you in 1998. At the conclusion of his letter, Dr. Mueller states "this does not deny the presence of Post Traumatic Stress Disorder which is also in evidence".
In his most recent letter (April 5, 2002) Dr. Mueller states you suffered a head injury in 1970. He states you were "serving with the Special Forces (Not the ASA) in Da Nang, South Vietnam and fell from a tower". Treatment report from Peter Muller indicates the veteran is being treated for temporal lobe epilepsy, which dates back to the brain injuries suffered in the Vietnam War, as per veteran. The doctor indicates he initially saw the veteran in 1998. The veteran clearly had smell, taste, touch, visual, and auditory hallucinations, blanking out periods, and virtually all symptoms of TLE. Treatment report from Peter Mueller indicates the vet is being treated for Temporal lobe Epilepsy.
Report from Medical Center at Princeton states a brain scan found partial epilepsy with impairment of consciousness. The report also referred to a history of head injury in Vietnam.
Your service records reveal you served in Vietnam from November 1969 to November 1970. Your principal duty is given as "Elect Recorder. Repairman" There is no evidence of any decoration which would indicate you were in combat. Nor is there any evidence, other than you served in Vietnam, that you were ever exposed to a stressful situation(s) which would result in PTSD. There is also no evidence that, while in service, you fell from a tower or anywhere else in Vietnam and injured your head.
Service connection may be granted for a disability with documentation that it began in military service or was caused by some event or experience in service. Service connection for posttraumatic stress disorder requires medical evidence establishing a clear diagnosis of the condition, credible supporting evidence that the claimed in-service stressor actually occurred in Vietnam, and a link, established by medical evidence, between current Symptomatology and the claimed in-service stressor.
If the claimed stressor is related to combat, service department evidence that the veteran engaged in combat or that the veteran was awarded the Purple Heart, Combat Infantryman Badge, or similar combat citation will be accepted, in the absence of evidence to the contrary, as conclusive evidence of the claimed in-service stressor. Additionally, confirmed prisoner of war status is considered conclusive evidence of a stressor.
Rating decision dated 06-21-95 denied the veteran service connection for post traumatic stress disorder. The rating decision indicated there was no evidence on record to corroborate the veteran’s history of stressful events.
The veteran reopened his claim on 09-25-97 for post traumatic stress disorder and was told that new and material evidence is needed. The veteran indicated he remembers the names of some people he served with. He did not provide those names, nor did he list the stressful experience required to identify an in-service stressor.
1. Service connection for PTSD is denied since the evidence reviewed does not establish that the stressful experience occurred in Vietnam nor was caused by service.
2. Service connection for epilepsy is denied since the evidence reviewed does not establish that this condition occurred in Vietnam, nor was caused by service.
Sincerely Yours,
Kathleen Sullivan
Thank You, Jim Raab http://www.jimraab.blogspot.com/
Wednesday, April 22, 2009
Service Connection Denied 10/97"
VADenialOct97
Justification Vs Corroboration
Department of Veterans Affairs
10/20/1997
CSS RA11761750
James Raab
xxx forest avenue
xxx Harbor NJ
Dear Mr. Raab
New material evidence adequate to reopen the claim for post traumatic stress disorder has not been submitted. Service connection for post traumatic stress disorder remains denied.
To justify a reopening of a claim on the basis of new and material evidence, there must be a reasonable possibility that the new evidence, when viewed in the context of all the evidence, both new and old, would change the outcome. There is no reasonable possibility that the new evidence submitted in connection with the current claim would change our previous decision.
This claim was denied by rating action of 06-21-95. The veteran entered a Notice of Disagreement to this decision. At that time the veteran was asked to provide more detailed information as to names, dates, unit assignments, places, etc. of the claimed stressful events so that they might be verified with the Environmental Support Group. He did not respond to that request. he did not perfect his appeal through the timely submission of a VA 9 form.
He had been provided a Statement of the Case dated 08-18-95. He has, again, failed to respond to our request for verifiable details of the events claimed by him. No additional details of the claimed stressful events have been submitted with his reopened claim so that we may attempt to verify these claimed incidents. He failed to perfect his appeal by submitting VA Form 9 in a timely manner.
The veteran was, again, requested to submit details of his claimed stressful incidents by our letter of 03-20-97 so that they might be verified through the Environmental Support Group of the military. He has; again, failed to respond to this request and supply any new information for the rating board for review.
The veteran was notified of this by Rating Decision dated 07-01-97. The veteran now, again, requests that service connection be established for post traumatic stress disorder and new material evidence adequate to reopen his claim has not been submitted. A letter dated 07-16-97 was sent to the veteran requesting the names, dates, and places of his stressful experiences in Vietnam.
A reply was received on 09-25-97 that failed to have any new evidence to present in his claim but that he now remembers the names of some people he served with. He did not provide names of anyone who identified or documented his stressful experience which could be the cause of his condition.
Hospital report from VAMC Lyons for admission of 02-03-97 to 04-04-97:
The hospital medical treatment records reflect his treatment for, and diagnoses of, PTSD and alcohol, cannabis, and cocaine dependence.
The veteran was trained for Vietnam service as a tape recorder repair man. (Not for infantry or truck driver) There is no conclusive evidence to the contrary. There is still no evidence of record to corroborate the veteran's history of stressful events. There is still no credible supporting evidence that the claimed in-service stressor actually occurred.
Service connection for posttraumatic stress disorder requires medical evidence establishing a clear diagnosis of the condition, and a link, established by medical evidence, between current symptomatology and the claimed in-service stressor. If the claimed stressor is related to combat, service department evidence that the veteran engaged in combat or that the veteran was awarded the Purple Heart, Combat Infantryman Badge, or similar combat citation will be accepted, in the absence of evidence to the contrary, as conclusive evidence of the claimed in-service stressor. Additionally, confirmed prisoner of war status is considered conclusive evidence of a stressor. The evidence available for review does not establish that a stressful experience occurred.
Sincerely Yours,
U. G. Henderson
Thank You, Jim Raab http://www.jimraab.blogspot.com/
Justification Vs Corroboration
Department of Veterans Affairs
10/20/1997
CSS RA11761750
James Raab
xxx forest avenue
xxx Harbor NJ
Dear Mr. Raab
New material evidence adequate to reopen the claim for post traumatic stress disorder has not been submitted. Service connection for post traumatic stress disorder remains denied.
To justify a reopening of a claim on the basis of new and material evidence, there must be a reasonable possibility that the new evidence, when viewed in the context of all the evidence, both new and old, would change the outcome. There is no reasonable possibility that the new evidence submitted in connection with the current claim would change our previous decision.
This claim was denied by rating action of 06-21-95. The veteran entered a Notice of Disagreement to this decision. At that time the veteran was asked to provide more detailed information as to names, dates, unit assignments, places, etc. of the claimed stressful events so that they might be verified with the Environmental Support Group. He did not respond to that request. he did not perfect his appeal through the timely submission of a VA 9 form.
He had been provided a Statement of the Case dated 08-18-95. He has, again, failed to respond to our request for verifiable details of the events claimed by him. No additional details of the claimed stressful events have been submitted with his reopened claim so that we may attempt to verify these claimed incidents. He failed to perfect his appeal by submitting VA Form 9 in a timely manner.
The veteran was, again, requested to submit details of his claimed stressful incidents by our letter of 03-20-97 so that they might be verified through the Environmental Support Group of the military. He has; again, failed to respond to this request and supply any new information for the rating board for review.
The veteran was notified of this by Rating Decision dated 07-01-97. The veteran now, again, requests that service connection be established for post traumatic stress disorder and new material evidence adequate to reopen his claim has not been submitted. A letter dated 07-16-97 was sent to the veteran requesting the names, dates, and places of his stressful experiences in Vietnam.
A reply was received on 09-25-97 that failed to have any new evidence to present in his claim but that he now remembers the names of some people he served with. He did not provide names of anyone who identified or documented his stressful experience which could be the cause of his condition.
Hospital report from VAMC Lyons for admission of 02-03-97 to 04-04-97:
The hospital medical treatment records reflect his treatment for, and diagnoses of, PTSD and alcohol, cannabis, and cocaine dependence.
The veteran was trained for Vietnam service as a tape recorder repair man. (Not for infantry or truck driver) There is no conclusive evidence to the contrary. There is still no evidence of record to corroborate the veteran's history of stressful events. There is still no credible supporting evidence that the claimed in-service stressor actually occurred.
Service connection for posttraumatic stress disorder requires medical evidence establishing a clear diagnosis of the condition, and a link, established by medical evidence, between current symptomatology and the claimed in-service stressor. If the claimed stressor is related to combat, service department evidence that the veteran engaged in combat or that the veteran was awarded the Purple Heart, Combat Infantryman Badge, or similar combat citation will be accepted, in the absence of evidence to the contrary, as conclusive evidence of the claimed in-service stressor. Additionally, confirmed prisoner of war status is considered conclusive evidence of a stressor. The evidence available for review does not establish that a stressful experience occurred.
Sincerely Yours,
U. G. Henderson
Thank You, Jim Raab http://www.jimraab.blogspot.com/
Service Connection Denied 2/95
VADenialFebuaury95
Service Connection Denied
Department of Veterans Affairs
03/03/1995
CSS RA11761750
James Raab
xxx forest avenue
xxx Harbor NJ
Dear Mr. Raab
V A. Examination dated 5/2/95 from the V A. Medical Center East Orange. Service Medical Records 9/67 to 8/71.
DECISION:
1. Service connection for post traumatic stress disorder is denied.
2. Service connection for duodenal ulcer is denied.
3. Entitlement to non-service connected disability pension is denied.
REASONS AND BASES:
The report of the VA examination on 5/2/95 was reviewed. The veteran has a history of service in Vietnam as a tape recorder repairman from ll/4/69 to 11/3/70. The veteran gave a history of irregular employment since service. The veteran stated he was currently divorced. He stated he had been married once. The veteran had a 12th grade at the time of entry on active duty. Records and history subsequent to service show the veteran has graduated Middlesex County College and acquired a degree. The veteran complained of inability to work, depression, flashbacks, hyper-vigilance, impaired concentration, isolation, night sweets, paranoia, and sleep disturbances. V A. examir1ation noted the following: the veteran was described as alert, neat, and oriented. Affect was described as constricted. The veteran was described as competent. The veteran did not make good eye contact. There was evidence of paranoid ideations. Insight was noted as poor. IQ was noted to be normal. Judgment was described as poor. Speech was described as rambling.
The available service records do not provide verification of the incidents the veteran identified as specific stressors. The veteran failed to provide more detailed information when requested. Although there is a clinical diagnosis of post traumatic stress disorder, there is no evidence of record to corroborate the veteran’s history of stressful events.
The service medical records are negative for complaint of or treatment for duodenal ulcer. No ulcer was shown on the report of the V A. examination 5/2/95, except by history.
A rating of permanent and total disability will be assigned to veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disability which is likely to be permanent. permanent and total disability for pension purposes is held to exist when there is a single disability ratable at 60 percent or more, or where there are two or more disabilities with a combined evaluation of 70 percent or more, with at least one of the disabilities rated at least 40 percent, and the veteran is, in the judgment of the rating agency, unable to secure or follow substantially gainful occupation as the result of such disability (ies).
Where the evidence fails to establish the basic disability percentage requirements, consideration will be given to assignment of an extraschedular evaluation of permanent and total disability based on such factors as the degree and nature of the disability, the veteran’s age, educational, and occupational background or other factors pertinent to the individual case.
An evaluation of permanent and total disability for entitlement to non-service connected disability pension is not demonstrated. The evidence does not show disability of such severity as to meet the requirements for a rating of permanent and total disability described above. Consideration of an extraschedular rating was also given. The specific evidence related to the claimant's age, education, and employment history were outlined previously. Even with these factors given due consideration, it is not shown that the disabilities are so severe as to permanently preclude some type of gainful employment consistent with the age, education and prior work experience described.
Sincerely Yours,
C.J. Matuszak
Thank You, Jim Raab http://www.jimraab.blogspot.com/
Service Connection Denied
Department of Veterans Affairs
03/03/1995
CSS RA11761750
James Raab
xxx forest avenue
xxx Harbor NJ
Dear Mr. Raab
V A. Examination dated 5/2/95 from the V A. Medical Center East Orange. Service Medical Records 9/67 to 8/71.
DECISION:
1. Service connection for post traumatic stress disorder is denied.
2. Service connection for duodenal ulcer is denied.
3. Entitlement to non-service connected disability pension is denied.
REASONS AND BASES:
The report of the VA examination on 5/2/95 was reviewed. The veteran has a history of service in Vietnam as a tape recorder repairman from ll/4/69 to 11/3/70. The veteran gave a history of irregular employment since service. The veteran stated he was currently divorced. He stated he had been married once. The veteran had a 12th grade at the time of entry on active duty. Records and history subsequent to service show the veteran has graduated Middlesex County College and acquired a degree. The veteran complained of inability to work, depression, flashbacks, hyper-vigilance, impaired concentration, isolation, night sweets, paranoia, and sleep disturbances. V A. examir1ation noted the following: the veteran was described as alert, neat, and oriented. Affect was described as constricted. The veteran was described as competent. The veteran did not make good eye contact. There was evidence of paranoid ideations. Insight was noted as poor. IQ was noted to be normal. Judgment was described as poor. Speech was described as rambling.
The available service records do not provide verification of the incidents the veteran identified as specific stressors. The veteran failed to provide more detailed information when requested. Although there is a clinical diagnosis of post traumatic stress disorder, there is no evidence of record to corroborate the veteran’s history of stressful events.
The service medical records are negative for complaint of or treatment for duodenal ulcer. No ulcer was shown on the report of the V A. examination 5/2/95, except by history.
A rating of permanent and total disability will be assigned to veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disability which is likely to be permanent. permanent and total disability for pension purposes is held to exist when there is a single disability ratable at 60 percent or more, or where there are two or more disabilities with a combined evaluation of 70 percent or more, with at least one of the disabilities rated at least 40 percent, and the veteran is, in the judgment of the rating agency, unable to secure or follow substantially gainful occupation as the result of such disability (ies).
Where the evidence fails to establish the basic disability percentage requirements, consideration will be given to assignment of an extraschedular evaluation of permanent and total disability based on such factors as the degree and nature of the disability, the veteran’s age, educational, and occupational background or other factors pertinent to the individual case.
An evaluation of permanent and total disability for entitlement to non-service connected disability pension is not demonstrated. The evidence does not show disability of such severity as to meet the requirements for a rating of permanent and total disability described above. Consideration of an extraschedular rating was also given. The specific evidence related to the claimant's age, education, and employment history were outlined previously. Even with these factors given due consideration, it is not shown that the disabilities are so severe as to permanently preclude some type of gainful employment consistent with the age, education and prior work experience described.
Sincerely Yours,
C.J. Matuszak
Thank You, Jim Raab http://www.jimraab.blogspot.com/
Subscribe to:
Comments (Atom)
