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OEFracer35

Seaman
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About OEFracer35

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  • Service Connected Disability
    10%
  • Branch of Service
    Army
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    Auto Racing

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  1. I was hoping I could have some input on my claim decision I just received for my PTSD claim that I initially submitted Dec 2010. I will type info from my C&P exam, and then decision letter. As I am at a loss for how to proceed with my appeal? and what new evidence I need to present with appeal?? I thought the C&P examiner stated it is least as likely as not that the veteran’s anxiety is related to combat experience. C&P Exam Notes: WERE PRIVATE MEDICAL RECORDS REVIEWED: No WERE SERVICE MEDICAL RECOREDS REVIEWED: Yes--no mental health dx or tx WERE VA MEDICAL RECORDS REVIEWED: yes--dx and tx for Anxiety Disorder. NOS WERE OTHER RECORDS REVIEWED: No RATIONALE FOR OPINION GIVEN: Based on clinical interview of the veteran and review of available records, it is the opinion of this examiner that he does not currently meet the criteria for PTSD; a more appropriate qualification of his current anxiety symptom’s is a diagnosis of Anxiety Disorder, Not Otherwise Specified. There is no evidence of any pre- or post service trauma that would better explain the veteran's current anxiety symptom presentation; therefore, it is least as likely as not that the veteran’s Anxiety Disorder is related to his conceded military combat experience. Notes from the decision (denial) letter: Medical Description: Anxiety disorder not otherwise specified (claimed as post-traumatic stress disorder (PTSD)) Denial Reason: The evidence does not show an event, disease or injury in service. We did not find a link between Anxiety disorder not otherwise specified (claimed as post-traumatic stress disorder (PTSD) and military service. Explanation: We received your medical evidence from VA examination and VA outpatient treatment records, which discusses the symptom’s of your medical condition. Your service treatment records do not contain complaints, treatments, or diagnosis for this condition. On July 13, 2010, the regulation regarding the evidence required to support an in-service stressor for PTSD was amended. According to the amendment, service connection for PTSD may be granted if the evidence demonstrates a current diagnosis of PTSD (rendered by an examiner specified by the regulation); an in-service stressor consistent with the places, types, and circumstances of service (satisfactorily established by lay testimony) has been medically related to the Veteran's fear of hostile military or terrorist activity by the VA psychiatrist or psychologist, or one contracted with the VA; and the Veteran’s PTSD symptoms have been medically related to the in-service stressor by a VA psychiatrist or psychologist, or one contracted with by VA. Your VA examiner determined that you do not meet the requirements for a diagnosis of PTSD. Instead, you were diagnosed with anxiety disorder otherwise specified. As a result, the relaxed standards (described above) for establishing an in-service stressor cannot be applied in your case, because the relaxed standards only apply to Veterans with clinical diagnosis of PTSD. We are unable to verify the in-service stressors you reported in support of your claim. Due to the fact that your records fail to show an event, disease, or injury in service related to your mental condition, a direct link between your current condition and your military service cannot be made. I do not know what to do? Do I appeal asking to be evaluated for PTSD, and Anxiety secondary? All my diagnoses from VA mental health is for Anxiety and related to experiences from deployment. Thanks for any help, advice, or suggestions on the course of action I should take next. I know I need to file a NOD ..but, what evidence do I now need to provide the VA in appeal??
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