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20 Years Worth Of Remands

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Forgottenvet3

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i recieved my decision today from the board of veterans appeals.they have been remanding my service connected claim for 20 years.in the last couple of years ,i have had 3 different board requested imo's.this is my problem.the last board requested imo that i recieved,the doctor admitted that my disability was aggravated because the doctor refused to give me the medication that i had been taking before i went on active duty .this refusal caused a psychiactric break down after i ran out of medication after one month of active duty.their doctor admitted that this aggravated my condition.but at the same time trys to blame my problem on drugs and alcohol .i got an article 15 that clearly shows what happenened the day i had a mental breakdown due to their refual to give me the proper medication.i was never cited for any substance abuse.the board keeps getting these doctors to make my claim look bad.i dont know what to do .my lawyer said i might need a private imo.i think the board is waiting for me to die.it has been 20 years and each time the board finds was to punch holds in my claim.

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"my lawyer said i might need a private imo."

Based on what you said here, without knowing the facts, I sure agree.

"i am thinking that maybe i need a lawyer who can help me get a private imo." But that will still cost you for the IMO fee.

"the board keeps getting these doctors to make my claim look bad"

I completely disagree.

The BVA will weigh a strong IMO against any VA doctors statements.

And even if the weight is equally for and against the claim, the BVA could award under Benefit of Doubt.

The IMO will have to be from a doctor with expertise in the field of the disability.And it must follow the IMO criteria here in our IMO forum.

What current documented disability are you claiming?

IMos are often expensive but these days they can be the best investment many vets can make, because their future comp checks will easily absorb the cost of the IMO in time.

Can you possibly scan the remand and attach it here ( Cover C file numbers etc prior to scanning)

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i dont have the ability to scan my remand.,but this is what it says.(this case is remanded for the following actions. 1.obtain any pertinent VA records,not already on file,for inclusion in the veterans electronic claims folder. 2.after undertaking any additional development the RO deems advisable,the AOJshould then readjudicate the issue on appeal on the basis of all of the evidence and argument of record,including but not limited to the april 2014 opinion obtained by the board from an independant medical expert and the veterans july 2014 response thereto.if the benefits sought on appeal continues to be denied,furnish the veteran a supplemental statement of the case.and afford him a reasonable period for a response,before returning the case to the board for futher review.

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There are some awards at the BVA for pre existing MH conditions that were aggravated by service:

"Based on the foregoing, the Board finds that service connection for paranoid schizophrenia based on aggravation is warranted by the evidence of record. In this case, the Veteran's May 1984 enlistment examination report was marked as normal. However, private treatment records dated in 1978 and 1982 clearly indicate that the Veteran suffered from schizophrenia before entering active service in 1984. Thus, there is clear and unmistakable evidence that the Veteran's schizophrenia pre-existed his active service. The medical evidence also shows that the pre-existing schizophrenia was aggravated during active service, and that there exists a nexus between the Veteran's current schizophrenia and the in-service aggravation of his mental illness.

Since the preponderance of the evidence is in favor of the claim, the benefit of the doubt is resolved in favor of the Veteran. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Consequently, the Veteran's claim for service connection for paranoid schizophrenia based on aggravation is granted.

ORDER

Service connection for paranoid schizophrenia is granted."

http://www.va.gov/vetapp11/Files2/1111410.txt

and

"The most probative (meaning competent and credible) evidence

indicates the Veteran did not clearly and unmistakably have an

acquired psychiatric disorder, including schizoaffective and

psychotic disorders, prior to beginning his military service in

June 2003, but he definitely did have this disorder within

one year of his discharge from service, so by April 2008.

CONCLUSION OF LAW

Especially when resolving all reasonable doubt in his favor, the

Veteran's psychiatric disorder was directly or, at the very

least, presumptively incurred in service. 38 U.S.C.A. §§ 1101,

1110, 1112, 1113, 5107 (West 2002 & Supp. 2009); 38 C.F.R. §§

3.303, 3.307, 3.309 (2010)."

ORDER

The claim for service connection for an acquired psychiatric

disorder, including schizoaffective disorder and psychotic

disorder, is granted.

http://www.va.gov/vetapp11/Files1/1105375.txt

This a key statement in this decision:

"In this case, the medical and other evidence shows psychiatric

treatment and diagnoses during and since service, including a

diagnosis of psychotic disorder within the one-year presumptive

period following discharge from service. "

The Chronic presumptive regulations kicked in here for this vet as well as proof of a preexisting MH condition.

In part:

"(A) Psychosis.

(B) Any of the anxiety states.

© Dysthymic disorder (or depressive neurosis)."

"Was there anything in your initial claim that should have triggered VA to consider the Chronic presumptives?

In part:

a) For the purposes of section 1110 of this title, and subject to the provisions of section 1113 of this title, in the case of any veteran who served for ninety days or more during a period of war—

(1) a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service;"

You stated:

"the last board requested imo that i recieved,the doctor admitted that my disability was aggravated because the doctor refused to give me the medication that i had been taking before i went on active duty .this refusal caused a psychiactric break down after i ran out of medication after one month of active duty.their doctor admitted that this aggravated my condition.but at the same time trys to blame my problem on drugs and alcohol .i got an article 15 that..."

The Article 15 surely was a manifestation of your MH disability.

Did VA ignore that doctor's IMO or try to knock it down.....

This statement by the BVA....

"2.after undertaking any additional development the RO deems advisable,the AOJshould then readjudicate the issue on appeal on the basis of all of the evidence and argument of record,including but not limited to the april 2014 opinion obtained by the board from an independant medical expert and the veterans july 2014 response thereto.if the benefits sought on appeal continues to be denied,furnish the veteran a supplemental statement of the case.and afford him a reasonable period for a response,before returning the case to the board for futher review."

It is VAOLA for extending to you every right you have (SOP)

BUT.....after I read it again this made me wonder.....

o"n the basis of all of the evidence and argument of record,including but not limited to the april 2014 opinion obtained by the board from an independant medical expert and the veterans july 2014 response"

I wonder if the RO did address ALL of the evidence you had.

Since you cant scan the remand can you tell us specifically why the VA denied in the decision that was on appeal?

Can you give us the Docket number and Citation number of the BVA remand?

It might be on their web site by now. They recently added some Fall 2014 decisions.

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