How to win a claim for PTSD due to MST

The following information was originally posted by advocate Susan Avila-Smith on Facebook.  With her permission is it being reposted here.

♔ TO WIN A VA CLAIM FOR MST ♔

You will need:
1. A diagnosis of PTSD, Anxiety and/or Depression, from your Provider.
2. A Nexus, or link to service, which needs to be written by your provider as a letter or in your medical chart just like this (print this out and bring it to them):
"After reviewing ___________'s medical records it is my opinion, more likely than not, her/his PTSD, Depression/Anxiety (PTSD, Anxiety/Depression - what ever it specifically is you filed for in your claim and must match exactly) is a direct result of military sexual trauma s/he experienced while serving on active duty."
3. Evidence: VA form #21=0781a. - This is used as "Alternative Evidence".
You may want to ask for help to fill out this form. Most of us cannot do this ourselves.
Fill in your name and VA File # (SS#) information on top.
The date: "On or about (VERY important here - if it was July 11th, you could lose) July 12, 1986.
***IF you cannot remember the date, narrow it down to a three month time frame - a season, holiday, or event like the Presidential Elections. (This is used to check the paperwork and nothing else. If the paperwork is not there, then likely you will not win, so the date range is crucial.)
Enter your dates of Unit Assignment.
Description of the Incident "sexual assault" or “personal assault” by a known person - STATE THEIR NAME, THEIR UNIT INFORMATION and if they were punished and how.
Examples:
“I was assaulted by John Doe, a corporal who was assigned to HOC 733rd MI Bn, Schofield Barracks, Hawaii - the same unit I was assigned to. He was not punished, but I was. I got an Article 15 during the month of July, 1986." OR
“I was assaulted at Darnell Hospital, Fort Hood Texas in the recovery room after surgery. I do not know the people who did this.”
Leave page two of VA Form 0781a with a line through it, and N/A (Not Applicable). ****Seriously - do not put another incident unless you are willing to wait for a very long time.
(To choose which incident if there is more than one, pick the one that has any military record, report or evidence you know of, no matter how small.)
Page three of VA Form 0781a - Address each of the items in #7 on the form. Explain EACH of the "markers" they list. This is KEY to your claim. If you had/did something say it, and if not, say you did not do this behavior.
Here is the list of Markers, and Examples of answers below each one.
• visits to a medical or counseling clinic or dispensary without a specific diagnosis or specific ailment
1. Yes, I went to counseling regarding the assault. Yes, I went to a clinic for testing.
• sudden requests for a change in occupational series or duty assignment
2. The Army involuntarily discharged me within a month after I reported the incident.
• increased use of leave without an apparent reason
3. Yes, I requested and was given a one-week leave immediately after the incident.
• changes in performance and performance evaluations
4. Yes, I received my first poor performance evaluation. Yes, I was always able to do my work, and became unable to do my work after I was assaulted.
• episodes of depression, panic attacks, or anxiety without an identifiable cause
5. Yes, I had panic attacks, felt depressed and had insomnia, and sought counseling for it. I recently requested a copy of my mental health records from Fort Irwin, California and was told they have no record, they had destroyed all old records after a few years.
• increased or decreased use of prescription medications
6. Yes, I increased my use of narcotic & other pain prescription medication at the time.
• increased use of over-the-counter medications
7. Yes, I started using over-the-counter sleep aids, NyQuil, Benadryl, Tylenol PM.
• substance abuse such as alcohol or drugs
8. Yes, I started drinking heavily for the first time in my life. No, I did not do any illegal drugs.
• increased disregard for military or civilian authority
9. Yes, I swore at my superiors. I took leave because I had it, instead of going AWOL.
• obsessive behavior such as overeating or under-eating
10. Yes, I gained 20 lbs. in two weeks. I started checking locks inside house & vehicle; washing my hands raw, and cleaning house obsessively. I also started hoarding & exercised excessively.
• pregnancy tests around the time of the incident
11. Yes, I took pregnancy tests though I had a tubal ligation surgery in June 1992 a few months before I was sexually assaulted.
• tests for HIV or sexually transmitted diseases
12. Yes, I went to an STD Clinic and requested to get tested for HIV & STIs.
• unexplained economic or social behavior changes
13 Yes, I lost my job, and started withdrawing from friends. My life changed forever in many ways breakup of a primary relationship
14 Yes, in 2002, I divorced from my husband after the incident.
This is the end of the list of Markers. Sign and Date the form, and add telephone numbers.
You DO NOT need to find your Military medical records and personnel files, the VA will do this for you. ANYTHING ELSE (JAG, MP, DAILY ROSTER, ETC.) YOU WILL NEED TO REQUEST THAT THE VA GET SEPARATELY as they can get it quickly. You will need to sign a Release of Information for the VA to get it.
4. A copy of anything showing you had problems in the military, such as being AWOL, ARTICLE 15 or a letter from someone who knew you at the time or before and after you served in the military and can attest to the major behavior changes you have shown. Everything should state "I swear this is accurate and true to the best of my ability."
5. A GAF score (Global Assessment of Functioning) can be assigned by your provider at each appointment. (Typically for PTSD the numbers would range around 35-45.) It may be that you are not telling everything to your provider, such as not bathing for days in a row, not caring if you live or die (but not being actively suicidal -- meaning you have a specific plan) etc.
______________________________________________________________________________________________________
U.S. Department of Veterans Affairs - Veterans Online Application System (VONAPP) Source: vabenefits.vba.va.gov

VA will use this form as YOUR Evidence. The 21-0781a can be filed on line, and use the PDF - ONLY FILE FOR ONE INCIDENT. http://www.vba.va.gov/pubs/forms/VBA-21-0781a-ARE.pdf

This is used as "Alternative Evidence" which is only allowed for MST claims. VA will use this form in place of "hard" Evidence. (If VA denies a claim, it is likely they are not aware of this form or its use, or they are not trained in MST claims.)
____________________________________________________________________________________
You MUST have all of the above to win a claim IF you do not have a police report, hospital report, or other documentation - so any statement about court martial or punishment will be added insurance for your win.
Again, you need the Diagnosis, Nexus and Evidence to win your VA claim. Try to keep it simple.
AND
If you are "HOMELESS" which according to the VA means you do not have a Rental Agreement, Mortgage or Lease - if you are couch surfing - you ARE HOMELESS. If you are Homeless, or have serious financial difficulty you must tell them you are in FINANCIAL DIFFICULTY, and will need to show them documentation. If this is your case, every sentence with every person at the VA should be "I am a homeless veteran, and need to get this ______________ Expedited ....." or "I am in serious Financial trouble, and need to get this ______________ Expedited ....." Expedited claims can be as little as 3 months.
____________________________________________________________________________________
Even with documents from Police or Hospitals, it is "insurance" for you to submit this form VA-21-0781a. Any statement from you about court martial or punishment of your perpetrator - with name, unit information, approximate date that the VA can look for, will be additional insurance for you to win your service connected VA claim for Military Sexual Trauma.
- Diagnosis, Nexus and Evidence will win your VA claim. Keep it simple.
Mail Everything in to the VARO RETURN RECEIPT

We have groups on yahoo and facebook for survivors of Military Sexual Trauma, both for men, and for women.
Please feel free to share this information with survivors of MST, providers to veterans and veterans service officers.
Susan Avila-Smith
Military Sexual Trauma Specialist
Director, VetWow
www.vetwow.com

 

www.packparachute.org

 

and
facebook.com/womenveterans
© Susan Avila-Smith
2009-2012




http://www.vba.va.gov/pubs/forms/VBA-21-0781a-ARE.pdf

 

www.vba.va.gov

 

http://www.vba.va.gov/pubs/forms/VBA-21-0781a-ARE.pdf

 

www.vba.va.gov

 

Shout out to Women Vets in the Tampa Bay area -- Will you meet me at the Tampa VA Hospital on October 4, 2011?

Calling all Women Veterans in the Greater Tampa Bay area.  This one is for you.  I don't think you need a reminder that the month of October is National Breast Cancer Awareness Month.  All you have to do is turn on the television, open a magazine, read the newspaper, or go online and there are reminders everywhere.  They are definitely IN YOUR FACE.  Do I mind?  No.  I'm one of those who is religious about going in for mammograms.  I have a maternal history of breast cancer in my family so I know I have an increased risk for developing it.  My doctors are aware of it and my primary care physician at JAH is very pro-active when it comes to getting me scheduled for my annual exam.  If you haven't had your annual done lately, what are you waiting for?  Call your PCP and get scheduled.  Now.  It may just save your life.  The phone number to the Tampa VA Hospital is 813-972-2000.

If you're in the Tampa area, Pamela Smith-Beatty, the Women Veterans Program Manager at JAH  has been putting together luncheons for Women Veterans every couple of months designed to educate us on various topics.  The subject for the luncheon on October 4th is "Think Pink! Breast Cancer Awareness."  If you click here you will go directly to the flyer for the conference.  If that doesn't work for you, copy and paste the following link to your browser and it will take you to the flyer.

https://docs.google.com/document/pub?id=1nYse0ZmlYaVbySjPeQ4VqnEcsEZ2YcLHeoThO0XVsD8

Pam asks that you wear pink to the luncheon.  I'll be there.  I may have to go out and purchase something pink to wear.  It's not a color I normally wear.  I'm not sure what to do about Rocco.  He doesn't wear pink either.  His service vest is a deep royal blue.  I guess I'll have to put a pink bandana on him for the day.  He's secure enough in his masculinity that I'm sure the pink won't bother him.  

For more information please call the Tampa VA Hospital and ask to speak with Pam Smith-Beatty, Women Veterans Program Manager.  She'll be happy to take your calls and answer your questions.  She's been a tremendous help to me with several issues I've had with the Tampa VA Hospital.  

While we are on the topic of Pam, she can also help if you need to be seen for your PTSD issues.  It doesn't matter if they are combat or MST related.  If you need treatment and you aren't getting it, call Pam at (813) 972-2000 extension 6695. Remember, for PTSD due to MST, you do not have to be service connected to be treated.  If someone tries to tell you otherwise, call Pam immediately.  She will make sure you get seen.  She's not your average VA employee.  She's also a USAF Retiree having served 21 years in uniform.  She has my respect and admiration.  She's someone we can depend on at the Tampa VA to help us.  I have a direct line to her, folks.  If you need my help to reach her, you can always email me and I'll make sure she gets in contact with you.

I hope to see you at the luncheon on October 4th.  Please stop and say hello to Rocco and me either before or after the presentation is over.  If you would, let me know that you heard about it by reading this post.  

One last thing before I let you go.  Please, please, please .... share the link to this post with all the Women Vets you know in the Greater Tampa Bay area.  Try to encourage them to attend this luncheon.  I realize it's difficult because many of you work, but I also know that there are just as many of you out there who don't or can't work.  If you can get to the VA Hospital in Tampa on October 4th, come join me and Rocco.  We'll definitely be waiting to shake your hand and say hello.

Until the next time......

Not just another MST story

Update, February 15, 2013:  To purchase Katie's book, "My Invisible Injury: Living Life with a Traumatic Brain Injury" please click here.  Thank you!

Hello Friends!

I'd like to introduce you to a friend of mine.  We met online several months ago.  Her name is Kate and she's a 25 year old Army Veteran from Indiana.  Kate joined the Army right out of high school.  After completing basic training she was sent to her military occupational specialty (MOS) school, 92M, Mortuary Affairs Specialist.  Not exactly an MOS you want to have during wartime, is it.  Kate is an Iraq War Veteran -- I'll let you put her MOS and being an Iraq War Veteran together in your own head. 

Kate was in the Army for just under two years.  While recovering from surgery due to an injury she suffered while on a training mission, Kate was brutally raped.  Kate was a 20 year old E3 at the time.  Her unit, rather than help her deal with the aftermath of her assault, elected to discharge her from the Army.  They didn't believe that she was suffering from Post Traumatic Stress Disorder (PTSD) and accused her of "acting out".  Fortunately, the VA believed her and she's properly service connected for PTSD due to military sexual trauma (MST).

Some time after Kate got out of the Army, she had a terrible skateboarding accident.  As a result of that accident, she's spent much of the last two years in and out of the VA Hospital, she's had multiple surgery's trying to put her body back together again, and she's losing her eyesight.  But has that stopped my young friend from moving on with her life?  Hell no.

I have to tell you this.  My young friend Kate is truly an inspiration to me.  When we first started talking she'd been in a wheelchair for almost two years.  After her last surgery, she's finally walking again.  She just completed the Blind Rehab Course at the Hines VA Hospital in Chicago.  She's working on her Bachelor's degree in psychology with help from the VA's Vocational Rehabilitation Program.  Her first book entitled "My Invisible Injury: Life After A Traumatic Brain Injury"  is ready for publication and will be on sale in roughly 45 days.  Be sure to check my blog for updates on that.  No matter what happens to her she cares about her friends and family first and foremost.  This young woman keeps up the good fight and never quits.

Kate's next major project strikes very close to home.  Not just to Kate and I but to 1 in 3 female Veterans as stated by Tammy Duckworth on her last Oprah Show appearance.  What makes it worse is that Ms Duckworth stated that 95% of women don't report this to our superiors.  What am I talking about?  Military Sexual Trauma.  MST.  It's at epidemic levels in the military right now.  It strikes at men and women.  No one is immune.  Kate has decided to put together a book about MST.  She wants your input, my friends.  And she's here to ask for it.  Folks, I'd like to introduce you to my friend, Kate.

Kate bowling.  Nothing stops her.

Tennis anyone?

All dolled up and ready to go.  Meet Kate Paterson.

Hi ladies and gentleman,

My name is Kate Patterson and like all of you I had the terrible experience of military sexual trauma. I have decided that it is an epidemic and I want to write about our experiences.

I feel that this is often put on the back burner. Many vets don't even know they can get compensation for it. I do, a lot of my rating comes from learning that I can get compensation for what I experienced while on active duty!

That day still haunts me and it always will.

But, I am going to take power over it and start a book of short stories from women and men veterans across the United States.

I want people to understand what we have gone through. Because fighting on the battlefield is a memory I can place on the back burner, but sexual trauma I cannot.

I would like to have everyone's stories emailed to me- katieleighpatterson@gmail.com within the next three months.

I am in the process of having my first book published. I have been working on that one for 2 years.

So, you can be anonymous and not have your name associated to your story or you can identify yourself as whomever you would like.

Just let me know!

Thank you all so much,

Kate Patterson

There you have it, my friends.  Straight from Kate herself.  Please, contact her.  Share your story.  As Kate says, you can remain anonymous or not.  It's up to you.  Kate can't do this without your help. Won't you tell her your story?  I'll be putting mine in writing.  If my story helps empower just one intended victim, I'll have done a good thing.  That's how I will be looking at this.  I've blogged about my assaults enough times.  Anyone who has read my blogs is familiar with what happened to me.  If you can't read them because they are triggers, I understand that, too.  Still, I will do my part to help Kate tell this story.  I believe in Kate.

Until the next time ....

Women Vets are Second Class Citizens? Impossible? Read on.

When was the last time you were at a street fair and you approached a table set-up for a Veterans Organization. Did they hand you a membership application to join the Auxiliary? How many times has this happened to you when you expressed an interest in joining the organization? Too many times? Yeah, me too. And I'm sick of it. Why? Because I don't belong in the Auxiliary. I belong in the main organization. I AM A VETERAN. I AM A WOMAN VETERAN. HEAR ME ROAR. (Thank you Helen Reddy) How dare the men who sit behind the tables and "man" these booths assume that I am not a Veteran. The wives are just as guilty. They assume we want to be in the auxiliary with them. Sorry ladies, I'm a Veteran myself. I have nothing in common with you. I'm not the wife of a Veteran. I don't know how to communicate with you. I don't want to swap recipes with you. I don't want to swap stories with you. I don't have pictures of children to show you. I need to share with other Veterans who understand me. I want to talk to women Veterans who are MST Survivors. I want to know how they deal with male Veterans on a day to day basis in VSO's where the men don't want us.

This is a common problem. I received an email from a friend of mine who told me a story about one service organization who tried to recruit her husband into the main organization while was being recruited into the auxiliary. When she corrected the "recruiters" and told them SHE was the Veteran, not her husband, they not only apologized, but they offered her one year of free membership. They were so impressed by her she ended up being an Officer in that particular organization. If all the organizations admitted to this mistake and offered free memberships they'd go broke!

What about the service organization that is now targeting women? You know the one I'm talking about. They have a big push now in their attempt to recruit women. Their recruiting efforts target ALL women. It isn't until you start digging deep that you realize it isn't a NEW organization. It's one of the big three and they are targeting women who have served in Iraq & Afghanistan. What about the women who served in Vietnam, WWI and WWII, Panama, Grenada and other places women have served. And let's talk about my favorite ... the forgotten group of Veterans. Veterans like myself who served in Germany before the wall came down. Cold War Veterans. We used to joke that if the balloon went up we had less than three seconds to put ours heads between our knees and kiss our asses goodbye. We saw death on the Fulda Gap. We saw death on the Czech border. We saw death when terrorist groups were killing our GI's in Frankfurt. Remember Badder-Meinhof? Remember the Red Army Faction? Remember when General Alexander Haig was on his way to his retirement ceremony in June of 1979 and terrorists tried to assassinate him? Do you remember SMLM Vehicles? I remember all of that. I was there and so were thousands upon thousands of Cold War Veterans who served in Europe. Yet our service isn't good enough to be considered "combat service" for entry into this particular VSO. I've commented to their website and asked about it. My comments didn't even make it past their moderator for posting. Yep, another case of second class citizenship... this time by other women Veterans. Disgusting.

It's not just the service organizations that treat us this way. It's the VA Hospitals that treat us this way. We're tired of it. I'm tired of it. A couple weeks ago I went in for a CT Scan of my lungs. I specifically requested an all female team. The consult was written that way. When I was taken back to the exam room, a female student handed me a gown and told me to change into it. I looked over to my right and there was a male technician in the room. I asked, "Who is he and what is he doing in here?" The young student told me, "He's the technician." I looked around and there was no changing room. I was expected to change into the gown with him sitting right in the next room with nothing but a glass window separating us. Screw that. I told the student, "Get rid of him, he's not doing my scan and I'm not changing with him in here." She went in the next room, said something to him, I could see her shrugging her shoulders, and then he opened the door to the hallway and apparently called for someone else. The student came back into the room and told me it would be just a few minutes because he was "doing something important". I could see what that "important" task was. He was browsing the internet, looking at airplanes online. The student asked me if I was going to change into the gown and I told her I was not changing until he was gone. It made me wonder, how many women changed while that jerk sat there in the next room? How many women thought they had to change and couldn't ask for a woman technician? Second class citizens? You're damn right we are. Speak up, Women! We don't have to stand for this. We have rights. The young student who was assisting with my CT scan may have not known it, but I sure know it.

These days I don't leave the house without my service dog, Rocco. I can't. I have PTSD because of things that were done to me by male GI's. Does that mean I hate all male Veterans? No. It just means that I am wary of them. It means that I can't be in a crowd of people anymore. It means that I can't stand to have my back exposed anymore. It means that I hate leaving my house. I'd rather stay at home 24/7 where I feel safe. On those rare occasions when I do leave the security of the house, I have Rocco at my side. He's still in training and he has a long way to go but he makes me feel safe. Still, I have to deal with ignorant and rude comments from the public. The worst comments are from male Vets at the VA Hospital.

When Rocco and I go to the VA Hospital, why do Veterans feel the need to try to distract my dog? One ignorant male Veteran had the nerve to roll up next to me and told me, "You're petting your dog wrong." This particular Veteran had "fuck you" tattooed on his thigh in two inch letters so I'm sure he wasn't offended when I told him to "Fuck off and mind your own business." I get Veterans asking me if I'm training my dog to give to a Veteran. What the hell? I AM a Veteran. Why do they think I'm standing there waiting to be seen?

Just trying to get the VA to pay for Rocco as my service dog has been a battle. Is it because I'm a woman Veteran with a service dog? The guy in prosthetics told me it couldn't be done and argued with me. I left prosthetics vowing to prove him wrong and before I'd left the hospital that day he'd called D.C. and found out I was right. He left me a voicemail telling me I was right but never once apologized. Would he have treated a male Veteran the same way? Am I making a mountain out of a mole hill because I have a problem with male Veterans and this jerk is a former ring knocker?

In case you're wondering, I haven't named any of the organizations I'm ranting about because I'm sure you all know who they are. I don't need to call them out by name. They are also the same service organizations who offer their assistance with your disability claims. I say, let us help you help yourself with your claims. No one cares about your claims as much as you do, right? (Here comes the plug, folks.) Go to Jim Stricklands A to Z Guide for all your disability claims issues and questions. If that isn't enough for you, than go to our Straight Talk Forum. We can help you. Guaranteed. You'll get personal attention like you'd never receive from any Service Organization.

C'mon, women. Speak up. Talk to me. How tired are you of being treated like a second class citizen by the Veterans Service Organizations, the Veterans Hospitals, the Veterans Administration, and other Veterans both male and female. Can someone please tell me why the service organizations keep trying to push women Veterans into the auxiliaries instead of letting us join the main organization where we belong?

What we need is a Service Organization where ALL Veterans are welcomed. Is there such a thing? Is there an organization where women Veterans won't be pushed into joining the Auxiliary? If there is such an Organization name it and I'll title my next blog after you.

Until the next time ....