BCNR question regarding PTSD

[eganusn]

Hi! New member here.

I have a question for the more experienced members here, or at least guidance towards the right place:

I am veteran with 30% disability from the VA. I was separated for PTSD that the Navy medical board stated existed prior to entry, even though the symptoms manifested well into my service. The doctor that wrote the peb findings never mentioned that and that fact was a glaring omission on the findings he wrote, even though I told him my stressors and the occurrence of symptoms. I even stated at the MEB as such, but with the exception the Marine Colonel, I was denied a service aggravation.

Segue 14 years later, while reviewing some of my medical records, I come upon the record of my initial diagnosis, that show symptoms were incurred during active duty, and they were not even recordeed properly with the doctor that submitted my peb findings.

Do I have a leg to stand on here regarding a BCNR request?

 

[owen8472]

goto the VA see a doctor at you local va hospital start treatment for it send record to the VA they will change your rating !!!

 

[joshgo]

eganusn,

From what you say is written in your medical records, in regards to your PTSD occurring while on active duty, it sounds like you have a good case. Was a Line of Duty Determination ever conducted? If the 30% rating from the VA is you initial rating and is just for PTSD, it should be good evidence that you should have been rated 30% for it by the Navy in the first place.

If that's you're plan, find a good lawyer and get some legal advice.

 

[eganusn]

Josh, thanks for replying.

There was never a line of duty determination. After the doctor had me review the peb findings, I was too distraught about leaving service, and didn't really look hard at the document. Afterwards at the board itself, I did disagree with the assesment, however I have strong doubts that the boardmembers even reviewed my smr to show that the doctor never wrote about symptoms occurring while in service.

 

[eganusn]

Oh,I forgot to answer in reference to your question, no, my ptsd was rated as "existing prior to service" not ratable. The va rated me for other things at 30%.

 

[joshgo]

Unfortunately, the Navy doesn't have a very good record with handling cases correctly.

I'm not sure how adversely not having a LOD will effect your case. The VA saying it was EPTS is reliant on your PEB findings. If you are successful at the review board and get it changed, you should be able to claim it with the VA as a service connected condition. Just one more reason to give it a shot.

Ultimately, I'd still recommend talking to a lawyer familiar with PDBR/BCMR ect. Having your records in hand, they will be able to give you a better idea of how strong of a case you have.

Good luck and keep us posted with what you decide and how we can help.

 

[eganusn]

Josh, I very much appreciate the. In regards to LOD, actually I believe I did have one, however I need to get that info, my smr is incomplete and I need to get the actual boar findings once again.

 

[CH-53ECrewChief]

Hi there,

You should have challenged the PEB findings and told the PEB that they dont have any evidence of your PTSD existing prior to service. Remember this,...they wouldnt have let you joined the service with PTSD in the first place becuase it is an unfitting condition!!!!!. You had an entrance physical when u joined the m ilitary....right?.... you didn't have PTSD going into the military....The only evidence that exists , is that it occurred in service. You need to file a claim with your local VA regional office using VA form 21-4138 along with all your medical evidence that shows you were diagnosed in service with PTSD(copies of medical records showing the diagnosis in service). You also need to file a DD form 149 with the BCNR and tell them (use a lawyer for this part) that you were diagnosed with PTSD in service which was incurred in service, and that the PEB incorrectly made an error when they said it was a pre-exisitng condition prior to service....but honestly.... at this point..... you need an attorney. I was in the Marine Corps and got out with a disgnosis of PTSD and was never even referred to a PEB ...but I should have been ... I have an good attorney representing me now and I suggest you do the same. ..you can't do this yourself....remember you only have one shot to do it right.....take a look at the BCNR cases and youll see most of the petitions are denied due to "insufficient evidence".