KY NG PTSD claim denied/LOD in hand

W

WL202

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PEB Forum Veteran
Registered Member
Hello all. Been searching these forums for a while. Spouse was NG, no deployments, other than a short stint in Poland in 2018, but several state active duty assignments. 9 years of service. Worked civil unrest in Louisville KY in 2020, and ended up with PTSD. Led to a manic episode with eventual diagnosis of Bipolar. Sent to mental health, and was ultimately discharged because of that. Behavioral Health told him to file a workers compensation claim with the state of KY For the PTSD. Denied, even though he has LOD from her. KY workers comp does not cover any “psychological, psychiatric or stress related change in the human organism, unless it is the direst result of a physical injury”. We have been in contact with he IG over a long delay in getting the actual claim filed. IG told us our only option after reading the denial letters from WC company, and the State of KY Labor Board was to SUE THE STATE OF KY for damages because of their workers compensation laws.

Has anyone else experienced something like this? I have already emailed the Governor and my state representative, with no response from either of them yet. (I emailed them before he told us to sue the state).

I would be interested in knowing about any other KY guard soldiers who have been affected by PTSD, unable to work, and lead a normal life. Also, any advice from anyone who has dealt with something like this before, as I’m almost positive we are not alone!!

We have a claim filed with the VA, but not sure how that will turn out…
 
Have you filed a VA claim?
 
Yes, we have filed a claim, but i am unsure if he will qualify for anything due to the weirdness of the “active duty” times I have found regarding national guard soldiers.
 
I have been busy on my day off yesterday, and sent numerous emails, and even spoke to an actual person at the Governor’s office. I’ve been in touch with the guards Behavioral Health provider today, and they stated that laws are being looked at now. Apparently, my husband was the first soldier to encounter this problem, and no one in the Guard was even aware of that law prohibiting PTSD as a diagnosis, which is KRS 342.001 (1). Hopefully we will see some changes very soon!
 
WL202 said:
Update…VA claim denied.
Click to expand...
Now that it has been denied you can get an attorney to help. VA attorney's can't get paid on initial claims. Reach out to one for help. They can let you know if you have a case.
 
I believe the VA has his service dates wrong though. We worked with a VSO who was less than helpful, in my opinion. He was DC’d in January 2022, but the second line of his denial letter states that he was in the Army from June 19, 2014 to August 16, 2014. The VSO told me when I called him that it was probably denied due to him being on SAD orders when he developed PTSD. When I tried to point out to him the service dates, he blew me off. In the meantime, I called our local Senator‘s office who is supposed to be checking on it for us. If they can’t help get the dates clarified, will be have to start over?
 
WL202 said:
I believe the VA has his service dates wrong though. We worked with a VSO who was less than helpful, in my opinion. He was DC’d in January 2022, but the second line of his denial letter states that he was in the Army from June 19, 2014 to August 16, 2014. The VSO told me when I called him that it was probably denied due to him being on SAD orders when he developed PTSD. When I tried to point out to him the service dates, he blew me off. In the meantime, I called our local Senator‘s office who is supposed to be checking on it for us. If they can’t help get the dates clarified, will be have to start over?
Click to expand...
You should be able to appeal. VA lawyers only get paid if you win the claim. I would hire a VA attorney. Its worth it.
 
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