Hearing Coming Up

[Dean]

I got a letter the other day and was told that I have a hering in about 3 weeks. I do not know what is on my docket at all. I have so many things filed, I do not even know whatthings that the hearing is about. I have went through this before. It sux how they do not tell you in the letter that the hearing is about. When I call the idiots in Atlanta they tell me that they do not know. The person acted like it was a problem to just answer the phone. I finally found out what was on there but I can't count on her to be correct since she was trying to get me off of the phone every time she got finished with a sentence. I was writing this as I was on the phone.

I am thinking that Depression will be on the docket along with other things that I have filed. I have been trying to get service connected for depression for a long time now. The only way that I think that I can get them to do this is to explain to them that the depression is secondary. I have tried to get every doctor to put that in my records. I have been denied for this even though I gave them the record years ago to look at that this doctor put this on. Now I have to find that 1 paper in about 5 boxes of my files. I am going to try to get a copy of that record from the V.A. but it was years ago and the doctor is gone now.

If anyone has any idea's that can help me please send me an e-mail. I am going to be up to my neck in paperwork for the next couple of weeks. Thanks in advance.

[mssoup1]

Dean,

I sent you an e-mail on your posting.

mssoup

[Dean]

When you send me an E-mail, please send it to: dean_hadit-e-mail@cox.net

Get ready......This is VERY LONG.....................................................

The hearing is a traveling board hearing in Atlanta, Ga. Some of these things were in Washington at the B.V.A. and I just got turned down on them. I immediatly sent in a N.O.D. and asked for another hearing, but that was only a couple of months ago that I sent that in. I do not really know what is going on. I even asked for T.D.I.U. before and after my last hearing. I am supposed to be represented by the Dept. of Veterans Affairs. I put them on my case about 10 years ago because they were sending things in for me. They did not know anything about the title 38 laws so I worked my case myself using this site as back up. (Thanks Terry for this site and keeping it up for the past 10 years!!) I already new how to do some things, but I used this place to help educate myself. The hearing that I went to a couple of years ago sucked. The Department of Veterans Representative in Atlanta did not know anything about the title 38 laws either. The judge even noticed this and put his hand in front of the representatives face and only talked to me. I was suprised to see a judge do this. The representative got pissed and did not want to even talk to me after the hearing. I told the judge that the representative had told me that I could not talk to him about some things. I do not think that the judge thought much of the representative. I am going to try to get to talk to a Depertment of Veterans representative to talk to before my hearing. I do not know any that know their but from a hole in the ground in my area though.

I have tried to go to the V.A. for my depression, but I can not go to any of the V.A. doctors. They seem to not listen to me. It might have to do with someone on here helping me get the mental ward shut down a few years back. I only had 1 psychiatrist there that I could talk to and he retired. Most of the psychiatrist there are the same one's that I turned in to Washington and they hold that against me, (my opinion). I have tried to use my fee basis and use a local one but he moved away. As some of you know, a person has to trust the psychiatrist that they talk to. I can't seem to find one at the V.A. that has not written what they thought that I said during an appointment. They seem to voice their opinion of what I stated during the appointment instead of what we talk about. I thought that the local one that I talked to did what needed to be done. I read those records and he did not go into enough detail unless you consider 2 lines, a transcript. When I went to the local V.A. and took the psych test on the computer, I was told that I did not really take the test properly. I have almost given up on finding a psychiatrist. I have not been to a psychiatrist in over a year. I had my C&P exam for depression and was told that I have not been told that I have depression. They used another form of psych term. I have not dug that out yet to see the exact term. I have been told that I suffer from so many different psych term that it is stupid. Every psychiatrist that I have seen has come up with a different term. It is hard to see a doctor when I am told by them that I have several different kinds, and not one doctor has read through my records of my previous doctors. Then when I take a psych test I am told that I basically cheated the test. A person seems to have to come to a conclusion that every doctor has an opinion, and not one of them care about the patient. I would love to find a physchiatrist that will listen to me, and write in my records what we talk about during our meetings, and also put a true diagnosis in my chart. (And that doctor needs to stay in the same town and not move over 50 miles away.) I have a lot of things working against me on this part of my case.

The other thing on the docket is Sinusitis and Rhinitis (sp) (10%). I already get 10 percent for these problems and I leep getting turned down for an increase. I have given my local doctor the title 38 laws on this, and he told me that he could not put in my record for me to stay in the bed for a week at a time. The part in the law about the amount of episodes is stupid. They expect me to go to the doctor every time that my nose gets a bugger in it. I did recently have a lot of appointments for the months of October and November. I went to 3 different doctors before I had (1) to do a C.A.T. scan on my sinuses and figure out that I have a deviated septum with a spure on each side. The V.A. did the C.A.T. scan and sent me to an E.N.T. for them to read the results to me. I am now waiting to have surgery on this. The V.A. had to make me take all of the things that I was already taking for another month to prove that the tings would not work. I have been on some of these things for my sinisitis and rhinitis for about 10 years without any help. When I went to a C&P for these things about 6 months ago I was only given an Ex-ray. They told me at that time that my sinuses were fine. I can't seem to get it through the claim people's heads that if they would do the correct test they will find what is wrong with me. I am hoping that this C.A.T. scan will prove my point. The laws and things that they ask to be done in order to get an increase are out of date (this is in their favor.)

Another thing that is on the docket is my 2 hernia's that I have had 2 surgeries on one and one surgery on the other (10%). These surgreies have done the following: My abdomen sags now, a doctor cut my inguinal nerve and damaged it (S/C for this), my penis is crooked, because of the nerve that was cut, the side that the nerve was cut on is numb. I have them giving me Viagra for this problem because my penis will not stay hard long or get fully hard.

BERTA.......................

My back strain is on this docket also. I have had to have two surgeries on this so far. I have won this case already and I do not know why it is even on this docket unless it is for an increase (40% now). My last surgery was not done at the V.A. because they told me that it was not operable. I am getting ready to file a case about this.

Then I am trying to get disability for hearing loss and other things that an Acoustic Neuroma caused. I have been trying to get this for a few years. I keep getting turned down on this one, because a doctor will not state that it is more likely than not, that the chemicals that I worked with as an aircraft sheetmeta mechanic could have caused this. I recently found a case that my last judge worked where he gave the veteran disability because he had a doctor to state that the tumor more likely than not was growing during the time of service. I have never thought about this and I have never had a doctor to state this. I do not know a doctor in my area that can do this. I asked the V.A. in my N.O.D. to send me to a Neurologist to do this.

I do not know what the V.A. is doing with all of the information that I am sending them. I even protested that the physican (sp) assistant did not properly conduct my last C&P EXAM. I wish that they would have sent me a letter explaining what the hearing was about. Why is it when you go to Real court, you get something explaining what the docket is about, but the V.A. is exempt? I guess this works in their favor so you will not be fully prepared. I should not have to submit files that I have already sent in. They should have to read my file completely. The last time that I had a hearing, the judge read my file cover to cover. I know this because he stated some of the same things that I stated in some of my letters and mentioned some things that were not even on my case during the hearing. I did mention some of the other things and he told me that he would look into them. It seems like he has been the only person that has ever looked at my entire folder. The C&P exam person did not have a clue what was in my records. The person was asking me what they were checking me for, and only reading the letter that was sent to them explaining what my disabilities were.

[Berta]

Dean there are many issues here-

and I can understand what you said about a state POA -I have one too- and they dont seem to know diddley squat-

I think you should make sure you list all of the claims carefully and then list the evidence that VA has or should have or-in the case of the CT scan-will get- and make sure someone goes to this hearing with you-

Bu it is going to take time for that next hearing to occur-

I am concerned about the diagnoses of the psychiatric disability-

and about this-

"I have not been to a psychiatrist in over a year." Unfortunately the VA could easily determine that you do not even have a current pdychiatrc disability-if you dont get treatment for it-

You do need to find a good psychiatrist- one who can give you the MMPI and the other psychiatric tests that can define the diagnosis you should have.

And the nexus to your service must be proven-not by the shrinks statement of 'more than likely' due to service but with documented evidence of the inservice trauma, event ,accident or injury that caused the mental disability.

Did you specifically claim sexual dysfunction and tell them the exact reason you told us here?

Is this on a remand ? Do you have a Docket # at the BVA ?

Much here - it would help us if you can tell us the BVA ccitation number or docket number or if you could attach the last decision blanking out the c file and personal stuff-

Unfortunately I think this will cost you the expense of an IMO at some point- but then again- if you get a good shrink who can properly define your diagnosis-

and you can link this to your service with evidence,

they might well give you this IMO for free -dont know but it would certainly show the VA that your mental disabilty is properly identified and it is a current condition.

Edited January 18, 2007 by Berta

[Dean]

Berta,

I had to attach a file here because it would not fit. I wish you lived closer to me. We could really help each other. This stuff gets on my nerves really bad. The hearing is Feb. 06 2007. I asked for another hearing on October 18 2006.

( Bu it is going to take time for that next hearing to occur-)

If this is the hearing that I am going to, that was fast. I have never known them to work that fast. The attachment has my case file and a letter that I sent in to ask for my hearing along with some other pertinent stuff. It would be nice if I could sit with someone and go over my entire case with them. I don't think that the Department of Veterans Services is capable of this. They say that they are here for us. Well, were are they when we need them? I hope that someone or more than one person on here can help me find my mistakes.

(I am concerned about the diagnoses of the psychiatric disability-)

You and me both. I will try to find that real soon.

(And the nexus to your service must be proven-not by the shrinks statement of 'more than likely' due to service but with documented evidence of the inservice trauma, event ,accident or injury that caused the mental disability.) This would be secondary. I have never actually put it as secondary, (A person at the V.A. actually told me to put it as secondary when I talked to him.) but I have explained it as secondary. My disabilities that I have are causing my depression. I took anti-depressants 1 time in the military but I do not think that I can find that in my service file. I did not keep going back to the doctor for the depression and was never offered to have an appointment with someone else. I have actually had one of my psychiatrist put this in my records 1 time. I have sent this in at least 1 time. I have got to dig these records out.

((((Did you specifically claim sexual dysfunction and tell them the exact reason you told us here?)))) I did explain this at my hearing and at my C&P exam. I do not think that I have actually filed this as a sexual dysfunction.

These are things that I have been fighting for almost 10 years. I do not have all of this organized at all. I have moved about 3 times during these years. I do not have 1 place that I can keep all of these files in. It takes an entire room when I go through these files. When I prepared for my last hearing, I rented a motel room to have time and room to get everything together. I lost a weeks worth of sleep doing all of this. I did not have a clue at that time what all was going to be on the docket. I added several more things to my case and submitted them. I was told at that time that I could not bring up everything at the hearing. This was because some of the things were not on the docket. The judge did listen to everything that I had to say, despite what the Representative had told me. The judge put in his notes that I had more issues on my case that needed to be looked at. When you read my case, you will notice this. I will be taking my wife and mother again and I am also taking my 16 year old daughter that has seen me like this all her life. I am hoping that her testimony (sp) will help a lot and make the judge understand what all of my children have been going through. They have not had a life like most kids, because I could not provide for them at times and could not do a lot of things with them. My 16 year old is not in school right now and is trying to get into a military school. My depression and my disabilities have stopped me from being to handle her. She has recently realized what I have went through trying to help her. She is trying to do better in life and it was her decision to go to military school.

Thanks for help from Anyone that helps me on this.

(You do need to find a good psychiatrist- one who can give you the MMPI and the other psychiatric tests that can define the diagnosis you should have.) This seems to be a problem. I am going to try to find one but I only have a little over 2 weeks. I am still waiting on my new insurance to kick in. It should be ready but I do not have anything yet.

(Is this on a remand ? Do you have a Docket # at the BVA ?)

This is the case number:Citation Nr: 0502690

Decision Date: 02/04/05 Archive Date: 02/15/05 DOCKET NO. 97-19 620 ) DATE On appeal from the Department of Veterans Affairs Regional Office

in Atlanta,Georgia

VA_CASE_FILE.doc

[Dean]

I found this article interesting. My V.A. records have me listed as Borderline Personality Disorder and Anxiety.

This artice would help a lot of people with their cases.

http://ajp.psychiatryonline.org/cgi/content/full/161/11/2108

[Berta]

What I found-if this is your BVA case-was a remanded case:

http://www.va.gov/vetapp05/files1/0502690.txt

They state that the TDIU claim and the ED claim were not adjudicated yet at the VARO level and some disabilities were not appealed.(such as hand disabilty)

"The Board notes that the veteran submitted a copy of a Social

Security Administration (SSA) disability determination dated

September 2000. That decision indicated that the veteran was

found to be disabled for SSA purposes, due in part to his

acoustic neuroma residuals, psychiatric disorder, and hearing

loss. There is no indication that the RO ever attempted to

obtain the evidence used in the disability determination from

SSA."

Has the VA or you yourself obtained these records and submitted them in support of your claim?

They could help because the VA says you have personality disorder yet SSA calls it a psychiatric disorder -----did the SSA doctor give you any

psychiatric tests to rule out PD?

"In addition, the Board notes that

at page 22 of the transcript, the veteran indicated that an

addendum had recently been added in regard to his service

connected hernia. That record does not appear in the claim

file."

Have you sent the addendum to the RO?

the acoustic neuroma claim---

"In light of the examiner's reference to additional planned

research, the Board must conclude that the opinion, although

apparently negative as to a relationship between chemical

exposure in service and the acoustic neuroma, is in fact

inconclusive"

Under Remand:

"VBA should contact Dr. M.B. and

determine whether he conducted the

additional research referred to in his

September 1997 opinion, and if so, ask

him to state his conclusion with respect

to a relationship between the veteran's

exposure to polyurethane and zinc

chromate in service and the post-service

diagnosis of an acoustic neuroma"

Did VBA do that -better yet- have you reached this doctor for the information they ask for?

It seems they did give you the rhinitus sinitus C & P-

but the results did not help you........the regs are very specific as to higher ratings and this rating can only be awarded higher with medical documentation of the criteria in the next rating level in Schedule of Rating Disabilities.

What I see here Dean is numerous issues and they all appear to need an independent medical opinion to support them-

the SSA records could be critical if the SSA did any testing or provided any substantial opinions regarding the nexus of these disabilities.

I re-read you post and it seems that the BVA recently denied your claims again?

Was this due to the Remand being unsuccessfully fulfilled?

It would help you considerably if you can provide VA with current evidence at that hearing from an independent psychiatrist and/or Dr. B -I think it was- to not only change the PD dagnosis but also to at least get a decision on the acoustic neuroma-

if this doctor can support the claim better as the remand wanted- then only the documented nexus would be needed.

I agree that sitting down with someone to go over this all is a good idea- but I think the best person you can sit down and talk with is an independent medical doctor in each field of your disabilities.

I recently posted info on what an IMO should contain-there has been much discussion at hadit on independent medical opinions.

If the inservice nexus is lacking for the anxiety claim or the neuroma claim-that too must be documented by the SMRS, or perhaps in your military personnel records, or by buddy statements.

Are you eligible for Medicare and would a Medicare doctor be able to provide perhaps free IMOs to you?