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Storm

Seaman
  • Posts

    6
  • Joined

  • Last visited

About Storm

Profile Information

  • Location
    New York
  • Interests
    Traveling, Arts, Writing,Reading

Previous Fields

  • Service Connected Disability
    60%
  • Branch of Service
    Army E/4

Storm's Achievements

  1. Hi Berta, I found the doctor. He's a psych Neuro advisor to Patrick Kennedy. I also have to look in the Persian Gulf Registry. I took a lot of tests. Also this info was written on another record sign off by a neuropsychologist. I was researching you old stuff in the appeal section and I saw u correct a guy about that 38 CFR. Law. He used it for the SOC Form 9 AND NOD. That's what I was thinking. They made the same error in my SOC.
  2. Wow Berta, Thank you. I'm going this week to request the file. Just spoke to a gentleman he told me to request FOIA. I realized it was different. But didn't know they used sheets. In my medical record they said there's a diagnoses from Dr.XX and its says I was DX with dysthymic disorder at the time of the Compensation and Pension evaluation. I need to see it. I have the copy here.
  3. Yes @john999I was just rated in 2104 50%. After all those years. That's why it gave it me the push to keep going with this. Wow thats the way they work cover ups doctors that don't to deal with anything. They want you to confide everything to them then you'll see it all in your records to slander you in the long run. I learned that long ago. Stick to whats ailing you and nothing else. How are you able to link PTSD if it wasn't a DX? I remember reading about the Nehmer for Vietnam. I hope you receive everything you entitled to. I can say I had one doctor who was a really good doctor he was guided me in the right direction. Thanks to his guidance there's proof in my file because of him. I didn't understand at the time.
  4. I don't know whats in those. As for the Mental VA Mental Disorder Examination I know that these were taken also for the Persian Gulf Registry. In my records there's a Neuropsychology report I took and it states: PSYCHIATRIC HISTORY: She was diagnosed with dysthymic disorder By DRXXX at the time of his compensation and Pension Mental Disorder Evaluation. I know that's a diagnosis while the VA had the claim in hand. dated 3/23/98 No, I dont see any diagnostic codes.
  5. Hi Berta, Thanks so much, Hello fellow New Yorker and CUER Berta, i believe it's from the Manhattan VARO. I scan the original claim I filled in 1995.i'm with you Berta on when I filed my NOD I was livid myself. I've gone to numerous VSO's. No disrespect to the good ones they would look at my paperwork cross-eyed. Then i started researching an found the one and only Hadit.com. Hours of reading through the forum proved very helpful and draining if you done rest LOL. I'm familiar with Berta and Broncovet's name thanks. Your daughter is lucky to have you on hand to help her. I knew it was a CUE thanks Broncovet. I knew once I didn't appeal I had no chance of going back. I didn't understand back then. But I knew I had to get the NOD in. I also thought the NOD could go back to EED. I also read on here NOD first then go for the CUE As for me missing the CP exam i never received the notice. It worked out anyway. Oh you mean my husband @Hamslice u mean my husband. EVIDENCE Original disability claim roc's on August 15,1995 with copies of DD214 showing duty in the Gulf War Correspondence to veteran dated August 21,1995,July 8, 1996,August 15,1996, April 9,1997,July 25,1997, October 14,1998, August 17, 2000, and March 16, 2001 X-rays of left shoulder, right shoulder and right knee Hospital Report, Mary Immaculate Hospital, dated February 28, 1994 VA Form 21-4138 from Veteran claiming posttraumatic stress disorder dated September 2,1995 Treatment Reports New York Health Care, from February 11, 1998 through December 31,1998 Memorandum to C&P Service dated October 9,1998 Memorandum from Dr. R. O. ORES dated April 20 2000 VA Skin Examination,VAOPC dated November 17,1995 VA Mental Disorder Examination, VAOPC, dated December 4,1995 VA Joint Examination, VAOPC, dated November 17,1995,March 16,1998, and April 20, 2001 VA General Medical Examination ,VAOPC, dated November 21,1995 and February 11, 1998 VA Stomach Examination VAOPC, dated February 11,1998 VA Intestines Examination,VAOPC, dated February 11,1998 VA Gynecological Examination,VAOPC, dated February 5,1998 VA Chronic Fatigue Syndrome Examination, VAOPC, dated February 11, 1998 REASONS FOR DECISION 1. Service connection for patellofemoral syndrome, right knee We have granted service connection for your right knee because service records showed that you were seen on numerous occasion for knee pain, and was diagnosed as having patellofemoral syndrome. We have assigned a 10 percent disability evaluation based on VA examination which showed that you have a slight limitation of motion wit pain which supports the evaluation . 2. Service connection for patellofemoral syndrome, same as 1 3. Service connection for anemia We have granted service connection for your anemia because service medical records show that you were treated for this condition while on active duty. We have assigned a non-compensable disability based on hemoglobin 10gm/100ml or less, asymptomatic as shown of VA examination which support evaluation. A higher evaluation unless evidence show hemoglobin is recorded as 10gm/100ml or less with findings such as weakness, easy fatigue ability or headaches. We have assigned a effective date of August 15, 1995, the day we received your claim. 4 Service connection for dysthymic disorder . We grant service connection for a disability that you currently have if this disability began in service or was caused by some event or experience in service. Service connection for dysthymic disorder, claimed as posttraumtic stress is denied because your service medical records do not show any treatment for dysthymic disorder in service nor has any evidence been submitted showing treatment shortly after. Thanks again
  6. Good Evening Everyone, Happy New Year to everyone, I was shocked but I now I have more to go. Heres the decision : INTRODUCTION The records reflect that you are a veteran of the Gulf War Era and Peacetime. You served in the Army from February 1986 toJuly 1986 and from September 20,1990 to July 4 1991. We received a Notice of Disagreement from you on February 8,2016 about one or more of our earlier decisions. Based on a review of the evidence listed below, we have made the following decision(s) on your claim. DECISION Entitlement an earlier effective date for service connection of post traumatic stress disorder (previously claimed as dysthymic disorder) is granted because of and clear and unmistakable error was made; therefore, a 50 percent evaluation is assigned effective September 3, 2012. Entitlement ton an earlier date for service connection of post traumatic stress disorder(previously claimed as dysthymia disorder) is granted because of a clear and unmistakable error was made in assigning an effective date of February 3,2014,the date of receipt of VA form 21-526EZ Fully Developed Claim was received; therefore, a 50 percent evaluation is assigned effective September 3, 2013, the date of receipt of your claim for PTSD. You were denied service connection for PTSD in the rating decision of October 21, 2013 because you did not attend your exam. You advised us on February 4,2014 that you missed your exam due to a conflict in your schedule, but were willing to report for VA exam. You reported for VA exam on November 10,2014, were diagnosed with PTSD, granted service connection in the rating decision of January 31,2015, notified of that decision on February 9, 2015. February 8, 2016 we received your Notice of Disagreement in which you stated you believe you should be granted PTSD back to 1995. Please be advised the claim for PTSD received September 8, 1995(error it was AUG) resulted in a VA exam that did. not have a diagnosis of PTSD, you were diagnosed with dysthymic disorder claimed as PTSD; you were notified of that decision on October 2,2002. You did not appeal that decision and it thus became final October 2,2003. one year from the October 2, 2002 notification letter advising you that dysthymic disorder was not service connected. This decision is now final as the one year appeal period has expired. It was not until your most current VA exam that PTSD was diagnosed and related to service, As stated the proper effective date is September 3, 2012 as the claim received on the date has been continuously prosecuted from that date and thus did not become final. Please feel free to chime in on anything because although, I'm happy and grateful for my award and the VA Cueing its self. I can't be shake the feeling of still going for a CUE back to 1995. They admitted in the decision. Dysthymic Disorder PTSD. And on my DD214/15 all my SWA Medal,National Defense, Liberation of Kuwait Medal didn't ring a bell in the initial denial back in 1995. I apologize if I posted in the wrong topic before sorry. Thank you
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