free_spirit_etc

I didn't know they did that because they were confused. I thought they did that on purpose to confuse the vet. I agree with carlie on the email. I am not sure I would want them to contact me by phone and then write their version of what they think I said.

Buddy statements from someone you served with that remembered you being tired a lot, could verify you snored, etc. might help. A spouse / partner that could state you snored a lot / were tired a lot immediately after your discharge. Reports of missing work from fatigue - in service, or shortly after discharge. Statements from anyone who could show continued symptoms. Evidence of neck size in military, especially if there was in increase in neck size. Just some thoughts.... From what I have read though... sleep apnea is getting much harder to get SCed. Good luck!

S63, http://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp If the doctor diagnosed you with sleep apnea, that is a diagnosed illness. So it wouldn't meet the criteria for being an undiagnosed illness. It explains the symptoms, so they are not unexplained symptoms. That doesn't mean you wouldn't be able to get sleep apnea SCed under some other theory of entitlement. But if it is a diagnosed illness, it wouldn't fall under the presumptive undiagnosed, unexplained illnesses 38 CFR lists Sleep Apnea under Respiratory conditions though. Did the VA doctor say your sleep apnea is a disagnosed sleep disturbance? Or did he say your sleep disturbance is related to your diagnosed sleep apnea? Did he say it is more likely than not that your sleep apnea started in, or was the result of, your service in Desert Storm? I think you would need a nexus statement because being diagnosed takes it out of the presumptive (undiagnosed) illnesses.

I actually read a couple BVA cases where the veteran wasn't diagnosed until some time after service, but the BVA noted their neck size was X in service, and they granted the claim.

What is the exact wording they used on the denial?

Have you contacted both the VA and the National Records Center? The VA is supposed to exhaust all efforts to try to obtain your records. That doesn't mean they will try very hard, but they should send more than one request. You could try contacted the base where you were stationed and see if they have any medical records / doctor's notes, etc. If your records have been lost the VA should provide you with information of other ways you can substantiate a claim. There may be other records that provide support to your testimony. Also, you should receive a heightened benefit of the doubt, and the VA is supposed to consider and discuss all evidence that is favorable to your claim in their decision. That doesn't mean they will, but it is something to point out on an NOD. Can I ask, what you are claiming / trying to prove? What evidence do you have? What evidence do you think the lost records would have shown? Maybe we can figure out some other ways to support what the lost records would have shown.

I also ran across this (while I was looking for something else...lol) http://www.attiglawfirm.com/communicate/how-to-get-your-va-c-file/ The attorney is also referencing a 20 day time-frame to get a copy.

This was interesting, on the blog that was linked on the slides: http://www.nimh.nih.gov/about/director/2013/healing-invisible-wounds-an-action-plan.shtml

I think they already started that... quite some time ago...

I thought he invented global warming...

Good luck!

This link has numbers for military lodging: http://www.military.com/Travel/Content1/0,,ML_summary,00.html You can also look up rates and make reservations at some of the bases at: http://www.dodlodging.net/

I am not sure if that would be the case. You would really need to talk to an FTC lawyer to know for sure. You have known quite some time that things went wrong during the birth and that something was wrong with your son. So I would think their position would be that you "found out" quite some time ago. There is a link here written by an FTC lawyer: http://www.lawguru.com/legal-questions/texas-federal-tort-claims-act/statute-limitations-year-military-hospital-823114484/a/. He states "Also, the FTCA does not provide any tolling period for minors or incompetents. The federal courts usually require the parents or legal guardians of minors or incompetents to take action to file a claim within the two-year limitations period on the minor's or incompetent's behalf. So in that respect the FTCA is different (and much harsher)than most State laws that do provide a tolling period for minors during the term of their minority." So I think you would need to talk to an FTC lawyer to be sure.

S63, I am certainly not saying that you and your wife haven't been through a lot. And I understand there are many reasons she couldn't get treatment, which is most unfortunate. But I was pointing out that it could possibly be difficult to tie the depression to the childbirth experience, unless the doctors make that connection, due to the long passage of time between the event and treatment. I am not saying it is impossible. But I am saying it could be difficult. The original question in this thread was why they added adjustment disorder to her list of contentions. I just offered it as a possibility. I hope you wife gets the appropriate diagnosis and appropriate treatment. And I hope you get what you need to care for your son. But I think you are going to have to have more than pictures of your son after his birth and a diagnosis of depression. You will need a doctor to create a nexus between the two.

There is a little more info here: asknod said he is willing to provide info from the letters he sent. Though putting things in writing is ALWAYS the way to go with the VARO (as it provides proof) the problem with putting things in writing is that someone has to read it. So your written request might be in a pile unread. So you might also send an IRIS acting them to act on your written request submitted on ____. They usually respond to IRIS pretty quickly. That doesn't mean they will grant your request more quickly - but it does mean it pushes them to answer you. It is interesting because when I asked for records from a couple of military bases where my husband had been stationed, under the FOIA, the FOIA officer responded in a couple days letting me know they received my request and confirming what records I was requesting. Their letter also informed me the date I should receive the requested records (within a few weeks). One base wasn't able to provide them in that time-frame and they sent me another letter telling me my request was delayed, and giving me a new date to expect the records. (i.e. they followed the law in what is expected from an agency in response to a FOIA request.) I am not quite sure why the VA has been beyond the law in these matters, where you send a request and at some point they send the file. Actually, though the VA tells people to send an FOIA request, it seems like requests for your own records would come under the Privacy Act, rather than the Freedom of Information Act. The Privacy Act covers access to personal records an agency has about you. The Freedom of Information Act covers records available to the public. I am not sure if there is a deadline for acting on Privacy Act requests for access. This is from a different federal agency, but it states, http://nnsa.energy.gov/aboutus/ouroperations/generalcounsel/privacyact/pafeestime " Privacy Act Fees and Time Limits The Act provides agencies to assess fees only for the cost of reproducing records. However, it is the policy of the DOE to provide an individual with one copy of his or her requested records free of charge. The Act does not stipulate a time frame for an agency to provide access to individual records; however, the DOE’s regulation (10 CFR, Part 1008.7(b)) states "Every effort will be made to respond within ten working days of the date of receipt by the System Manager or designees." The Act does stipulate a ten-day time frame when an individual requests to amend records." But interesting - This is the VA's "policy" on requests for records: http://www.foia.va.gov/FOIA_FAQ.asp#FAQ#7

4MR05C, You might find this helpful http://asknod.wordpress.com/2013/09/30/getting-your-c-file/

My VARO had me put in a separate request to VIEW the C-file. My husband had put in a request for the C-file, and when he died I had to put in a new request. They told me from the beginning that it would take a long time to get a complete copy of the C-file - at least 6 months. But they told me I could put in a request for an appointment to view the C-file. I got that appointment fairly quickly. It seems like it was within about a month. I was only given an hour and a VA representative stayed with me. But she helped me look for specific documents I wanted to see (his discharge physical that has never been found). And she was willing to make copies of specific documents. So you might want to try making a written request to view your C-file at the RO, and see if you can get copies made of the most important documents. If you already made the written request to view it, you might want to send them an IRIS asking them how close they are to taking action on your request you filed on X date.

S63, I apologize. I thought you were saying you were upset because they didn't call it PTSD. Adjustment disorder is not a character defect. It is a recognized mental condition. Granted, if they changed the diagnosis in order to deny the claim, then you would need to fight it. But the final picture, as you say, hasn't been painted yet. The VA is supposed to consider other mental disabilities that are raised by the evidence of record. Perhaps adjustment disorder was raised by the evidence of record. Is it possible that they obtained a medical opinion on the issue without doing a C&P? I don't know, but to me it seems like they might be using adjustment disorder to tie the depression back to the birth of your child? This might be a "good thing" especially if your wife didn't get treatment until 9 years post-military. Adjustment disorder could possibly be a way to connect the depression back to the initial triggering event.

If she didn't start getting treatment for depression until 9 years after she left the military, wouldn't adjustment disorder (if they connect it to the birth) be a better way of connecting it to the military?

Congrats on the win and best wishes on the rest!

Here is an attorney that handles claims against military hospitals: http://myadvocates.com/blog/4-key-facts-lawsuits-military-hospitals

As as far as the case with the 5 year old, it was probably a little bit of both. (i.e. they waited awhile and it took a long time). But there is still a big difference between 5 years and 17 years - legally speaking. It is possible that you might be able to file a claim. For your child's sake, I hope so. Generally, the statute of limitations is 2 years. But that often extends to 2 years after your child turns 18. In some states, such as Texas, it looks like medical malpractice claims might have a more limited period than personal injury claims. This is just some general information, but your attorney will be better able to advise you. http://www.injuryrelief.com/medical-malpractice-statute-of-limitations/

That could be a reason they are considering your wife might have an adjustment disorder. And I agree, woman have a tendency to feel responsible for everything - and thus are more prone to feeling guilt. I think it is pretty common for a mother of a disabled child to feel some guilt -- thinking maybe if I had done this differently, or that differently, the results would have been different. People can be depressed for a multitude of reasons. But if the depression and anxiety all centers around an event that occurred 17 years prior, it doesn't seem like adjustment disorder would necessarily be an inaccurate diagnosis to me. It would be saying that your wife has had difficulty adjusting to the traumatic birth and to raising a severely disabled child. That in no way means that it is her fault that she hasn't adjusted better. That is why it is called a disorder. But if she is depressed and anxious for a reason, then it seems like dealing with the reason might be a better therapeutic approach than just treating her for generalized anxiety or generalized depression.

S63, I know SSI does not come near covering what a special needs child needs. I certainly wasn't suggesting that you apply for SSI instead of filing a lawsuit. However, many parents of special needs children don't realize they can apply for SSI for their kids. So I kept pointing it out, because as hard as you are struggling to provide for your family right now -it seemed like getting the extra from SSI would help. It wouldn't take care of everything, but it would help. As I wasn't sure whether you received SSI for your son, or whether you knew that you might be able to - I asked. I was trying to be helpful.

I think I have asked before, but I don't recall if you answered, or what your answer was - but have you considered applying for SSI for your son?