How do I get a duty related determination with this... I have a Purple Heart from combat in 2005, that started all of this... but the evaluator somehow decided it was non-duty related and that counseling records and VA records don't support in line of duty?
What is my best option from here? I"ve uploaded the "elections" they gave me today.
You will have to build a convincing case that meets the standard. Gather all existing medical documents that support what you are saying. The PTSD DBQ has clear requirements for each percentage level. Review that area to see where you believe you would fit.
Go get outside treatment and corresponding documents. The Vet Center offers counseling.
You could also consider finding doctors willing to complete a dbq. Be careful as many of these places are over priced and can be untrustworthy. Ensure that the doctor signing your dbq has the required qualifications the VA needs. So for mental health a psychiatrist or similar qualification is typically required. If an MD signs they can decide not to use it.
Write a detailed personal statement of the experience which started your PTSD. Link it to your awards. Make it as obvious as possible to anyone reading it. This can be very emotionally taxing. Maybe consider doing this with the help of a counselor.
You can also have others make written personal statements that can be submitted such as a spouse or people you served with.
Reach out to JAG and alert them to this situation.
This packet will then serve as your evidence countering the findings that lead to the non-duty classification.
My personal statement ended up being 8 pages. I submitted to the investigating officer for LOD determination. That combined with awards statements allowed me to secure an LOD 13 years after that deployment.
And each time you are asked to sign something, ensure you include a written protest.
