Aggravation Proof?

[cavscout1967]

Hello all.

I am looking for some thoughts on how much of an impact a VA psychiatrist note in my record. I am filing for aggravation of mental conditions the pre-existed prior to service. I had a special waiver signed prior to joining where the military doctor granted me permission to enter because I had been taking lithium trials.

The psychiatrist note from 2016 therapy session that states "In brief, -------- has contended with depression, anxiety, and anger as far
back as teenage years. There were aggravating circumstances during his time in
the Army (1988-96), though he was not in combat, and for quite a period of time
alcohol misuse exacerbated his symptoms, but he says today he's been sober
since
2011, when he went through treatment in the VA hospital. He doesn't
attend AA; he just knows he's better off not drinking.
-------- has contended with hostility and paranoid perceptions and ideation
for many years. When it's been bad he'll use Abilify to counteract
those
symptoms.

I have been seeing the VA doctors for mental health problems since 2009 and have an extensive history in my VA records of meds and groups etc.

Do I have a nexus? I have been appealing this for years. Happy to provide more info if needed.

Thank you

 

[broncovet]

You tell us if you have a nexus, you can read your medical records and we have not read them.  If one of your doctors state "The Veterans (medical diagnosis) is at least as likely as not aggravated from military service.  

Here is the deal.  You get a presumption here.  

Any worsening of your mental health conditions in service, would be presumed to be caused as aggravation of an existing condiion.  Lets give an example.

Lets say you had depression, with mild symptoms that would get you 10% when you got in.  

Lets say when you got out of service, you had severe symptoms that suggest a 70 percent rating. 

Well, your military service aggravated your mental health conditions making it worse by 60 percent in this example.  Others will chime in, hopefully, that have a bit more experience with this.  

Edited November 27, 2016 by broncovet

[cavscout1967]

I do have a nexus. I guess what i was wanting to know is if my VA doc stated in his notes that it was in fact aggravated is that enough to be awarded and I should continue to appeal for depression. I am not asking what percentage I would get. I am only concerned and looking for input on whether or not the doc saying it was aggravated in his VA notes if that is sufficient. If that question was answered above then I missed it and apologize but I didn't see that answered.

Thanks again

[admin]

test

[Buck52]

Anyone have problems viewing the Hadit-post post   just hang in there Ms T bird is working with tech support   some bug or something...should be solved soon.

Thanks

..................Buck

[MikeHunt]

sounds like you have a current disability.

What some VA doctor writes in notes is different than what's written on a DBQ In short, that's a 'nexus' to you and me, but not to the VBA.

Then you need an in service event- as Bronco said.

I do think with Mental Health the doctor (clinician) can essentially write an in service event in addition to the nexus and diagnosis. It's in the M21-1, perhaps someone is more familiar than I with the verbiage- I can't find it.

 

Good luck-

[ketchup56]

Sounds like you're making an aggravation claim harder than need be. There is a presumption in aggravation claims. What you need to know is its not your burden to prove aggravation.It's va burden to prove that YOU  WERE NOT AGGRAVATED IN SERVICE,and they must prove this by CLEAR AND UNMISTAKABLE EVIDENCE. This can be onerous on the va if you have two different medical  opinions one way or another saying otherwise. This cannot amount to the onerous Clear and UNMISTAKABLE level to rebut the presumption...38cfr 3.306 and U.S 1156.Explains this quite well. I won service connection based on aggravation. Seems to me you already have one medical opinion stating that you were aggravated during service...You must STRESS that opinion with your arguments along with the citations given above because they really will play the ignorant role on these aggravation claims because of the presumption given to the veterans. Read my BVA case on how I used the presumption against them..BVA DOCKET NO.12 05 464 DECISION DATE 22 MAY 2014.    Good luck...