Jim,
I was diagnosed with ptsd, anxiety, and depression due to MST. I did not report the rapes during my military service; however, I have financial changes, letter to my mother of what happen, letters from family telling how I changed, several request for change in duty location, almost everyday visits to hospital for nothing, drinking problem, ect. The rapes happened late 2005 and I was medically discharged in early 2006 for asthma.
Last week the VA found that I don't have asthma and I was misdiagnosed with asthma when it was actually severe anxiety. The lady at the ptsd clinic that helped me file for ptsd is saying I have a really good chance at getting rated 50% or more. I would like your opinion on all of this.
time line:
late 05 rapes
late 05 - early 06 30% asthma medical discharge
7/15/2010 - seeked help at ptsd clinic
8/1/2010 - ptsd clinic helped me file for ptsd due to personal assault.
12/2010 - asthma found to be misdiagnoses and anxiety found to be issue
Reply:
Any time there is a lack of evidence the outcome of filing for a disability claim is impossible to predict. The lack of evidence never helps though so we can safely say that your claim may be denied.
However, many MST cases were not reported at the time that the event occurred. The MST victim usually fears further retribution, shame and an entire range of intense emotions that may prevent him or her from standing up to their attacker. The military attitude on the reporting of MST isn't usually very helpful.
This is particularly true in situations like yours where the rape was male on male.
Once the initial claim is denied, you will then have the opportunity to retain legal council to help you. Many cases similar to yours are won with an aggressive appeal and a good attorney to help you.
If you do get a denial letter be sure to look for a VA accredited lawyer to help you with your appeal.