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/