hammerman15

I did get an Honorable Discharge. I was "kicked out" because once I was busted in rank I was past the retention control point and could not reenlist.

I guess I thought that my service medical records indicting broken bones and buddy letters and parents and brother indicating a major change in personality after service would do the trick. The lawyer I spoke with said the evidence is there and that they just didn't connect the dots. They keep piggybacking off the first doctors statement. In the this current remand the judge actually said that they did not answer his question the other two times and bold typed exactly what he wanted answered. Do you know if this psych doctor will see my letter? How can I be sure she does? Thanks

I have had an ongoing appeal for the last 11 years with the VA regarding a mental health claim. It has went to the BVA three times and been sent back for more development each time. The most recent action was a letter in the mail that states LHI will be doing an mental health evaluation. I have done similar things two other times where I interviewed in person. It appears that this one will be done via records. I sent in a statement a few days ago to the BVA using the ID.me portal regarding my claim prior to getting this letter today. Will this psychologist see this statement? Do I need to send it to the compensation people as well? It is critical to my argument of service connection that the evaluator reads this before rendering an opinion. I know that the Judge will see it as I sent it to the BVA. So at a minimum before he finalizes the order he will/should review it. The crux of the problem is I am having is that the VA keeps stating my problems were not caused by service but rather divorce, alcoholism, a child with ADHD, homelessness. In this statement I have attempted to connect that dots. I will attach my statement below to give a better understanding to those who answer. I appreciate your time and thoughts. To whom it may concern: I am writing to you today because I have not previously been allowed to describe how my experiences in the military has affected my everyday life and how these experiences directly relate to my claim for depression and anxiety. Even though I have been evaluated 3 times by 3 different evaluators, none of the evaluators allowed me the opportunity to share my specific military experiences with: My service-connected disabilities A physical assault led by my own platoon mates My witness to a horrifying and devastating accident My current mental illness and self-well-being as it relates to my military experience Each of these experiences are described below. Please note that during all 3 evaluations, I asked to share my experiences but was denied due to time restrains and the need to get through a formatted process – which included answering questions that focused on my pre-service history. This made no sense to me, but I proceeded to answer the questions as instructed during each evaluation. Initial Evaluation by Dr. ====: During my initial evaluation by Dr.====, I attempted to share the assault, I wanted to share my paranoia, my depression and my fear and anxiety. I was told that there was only a limited amount of time allowed for the process and there was a format to be followed. Dr. ==== only focused on my pre-service history and dismissed any connection to my service injuries and mental illness. Evaluation by Dr. ====: A few years later I was evaluated by Dr. ====. He focused on my pre-service drinking history and that I had attended treatment prior to enlisting in the military (I am proud of myself for attending treatment and achieving sobriety during this time). I once again tried to share the assault, the accident, and my service-connected disabilities, but he did not allow me to do so stating there was a format to be followed. Please note that the military allowed me to enter only after being cleared by a MEPS psychologist who granted me a waiver for enlistment. Dr. ==== only focused on my pre-service history and dismissed any connection to my service injuries and mental illness. Evaluation by Dr.====: The most recent evaluation was with Dr. ====. She also only focused on my pre-service history. When I asked to share what happened to me during my time in the service, she stated that my file had hundreds of pages and she only had a limited amount of time to review. She followed the same format as the others. This was my third attempt asking to be heard and my third time being denied. I was angry. My military experiences: During basic training, I suffered a shoulder injury that followed me throughout my military career, and still does to this day. I have numerous buddy letters in my file on how this injury has impacted my ability to fully perform certain tasks. During my service, I lived in constant fear of reinjury to my shoulder, guarding it and knowing it could easily "pop-out" again. Because of this guarding, I was often bullied and called a "broke dick". To this day, I still guard my shoulder, especially when performing overhead tasks. Along with this service-connected injury, the history of being bullied contributes to my overall mental illness. Soon after at my first duty station, I was physically assaulted by my own platoon mates. Some call it an “initiation” – but this was not that, rather this was a traumatic assault that has caused permanent life altering mental damage that cannot be undone. Against my will, I was held in physical bondage, physically beaten, and sexually threatened. This assault permanently altered my mental health and physical well-being. I was left in a depressed and anxious state suffering from panic attacks followed by rage, anger, hatred, and fear. Alcohol became my coping mechanism. To this day, I live in constant fear. I have become a VERY angry person. WHY DID THIS HAPPEN TO ME? I DID NOT DESERVE THIS! This experience traumatized me FOR LIFE! To this day, I am being treated for paranoid personality disorder, depression, and anxiety. At my next duty station, I shattered my leg and ankle. I became angrier and more depressed, isolating myself from others. I missed schools and promotions, and the bully label of "broke dick" followed me around everywhere. I did my best to perform in the hi-intensity environment at Fort Irwin where we conducted mock battles 2 weeks straight every single month, over 37 times. I xxxxxxx tried my best! This additional injury and constant reminder that I was a “broke dick” contributed to my continued alcohol coping abuse and growing mental illness. During my time at Fort Irwin, there was a horrifying accident while we were out on the battlefield, several soldiers were KILLED and multiple injured when several Bradley fighting vehicles went over a cliff. These soldiers had my same MOS and during that mission we were directly opposing them. That terrified me and every time thereafter when we would do night missions, I would live in fear until daylight. I have a letter in my file from SGT ==== describing these missions in detail and the effect they had upon us soldiers. This experience contributed to my continued alcohol coping abuse and declining mental health. To this day, I suffer from terrifying nightmares for which no medications can help to control. Once at Fort Hood, I was assigned to staff. It was well known that if you were a combat arms soldier you DIDN'T WANT TO BE ASSIGNED TO STAFF. I felt I was being "blacklisted" by my unit and was not even given the chance to perform. Paranoia, anxiety, rage, anger, hatred, and fear followed me. I was only worthy of the broke dick label which had slapped onto my back years ago. By now my mental health and drinking had spiraled out of control. My thoughts where not always rational, even when sober. I was drinking off-duty wherever possible. This was my pattern during my time in Korea and in Fort Hood. I felt victimized at every turn and basically screwed. I was angry! On staff I was assigned as the squadron commander's gunner on his Bradley fighting vehicle. I was soon up for reenlistment and planned on asking for an assignment elsewhere so I could get out of staff. About 6 months before I was to reenlist, I attended a squadron function where alcohol was provided and, on the way back to the barracks I received a DWI. My last six months of military service were a living hell. I had just spent almost 8 years of my life for nothing. I was in a daze; I would alternate between wanting to kill myself and wanting to kill others. I had been abused, traumatized, and suffered painful injuries for nothing! I was humiliated and ashamed. My dreams were crushed. I felt I had been robbed of my life and had become an “broke dick” alcoholic. My life after serving the military: One of the most painful calls I had ever made was to my father – telling him I was kicked out of the military, and to ask if I could come back to live with him again. I was no longer a superhero to my father, to my brothers, or to my mother. All I knew is that I was programmed to be an angry broke dick alcoholic miss fortunate soldier, too ashamed, embarrassed, and proud to share the assault that happened to me. When I first enlisted in the military, I dreamed of a life-long career. My life before may not have been perfect, but I was healthy and OK. My life after the military was drastically different. I left the military full of rage, hatred, pain, injury, mental illness, and alcoholism. I have statement letters in my file from both my brother and mother testifying to my character change. Prior to my military service I had no problems getting jobs and certainly was not a mean or bitter person. But since I left the service, I have had over 10 jobs and terminated from each of them due to failure to get along with others and performance. I was called abrasive and angry by my employers. I was unable to interact well with my co-workers or customers. These were jobs in the HVAC industry that paid well and were sought after jobs. Getting the job wasn't the problem. It was keeping them after I was hired. My first marriage dissolved due to my anger, rage and drinking. My children were afraid of me, my wife couldn't understand what was wrong with me. On Aug 8th, 2011, I put a gun in my mouth in front of my 8-year-old son and was a hair trigger away from ending my misery. I have now been sober for over 10 years. Aug 11th, 2022 marks my 11th year of sobriety. I see my VAMC psychiatrist ====, regularly, and have for many years now. I have shared the assault and the other experiences with him. He has stated in my file that these military service experiences have a direct connection to my mental illness. However even with all these years of sobriety and years in therapy at the VAMC (which I am grateful for!), I am still a very depressed and angry person, a paranoid, fearful and anxious person, and continue to suffer from mental illness due to my military experiences. I routinely have vivid nightmares about how I was injured, the assault I suffered, the horrible accident at Fort Irwin, and the shame of being forced out of the military. I routinely suspect strangers of wanting to cause me or my family harm, I am always on high alert. When things go wrong or something changes for the worse, I feel despair and hopelessness, there is no way out but only down. In closing: These experiences have been life damaging to me and traumatic to my mental health. These experiences have forever changed my personality and outlook, how I view others and life in general. I feel that the VA refusing to take this information from me is almost as traumatic as the events themselves. I feel frustrated and angry every time I am told that my assault and service-connected disabilities have no effect on my mental illness. I do not see how my claim for service-connected depression and anxiety can be fairly decided until the entire picture is looked at and understood, not just my drinking history, but my entire history to include my time serving the United States Of America. Below is my VA doctors notes relating to this. Note LOCAL TITLE: MH PSYCHIATRIC EVALUATION & MANAGEMENT STANDARD TITLE: PSYCHIATRY E & M NOTE DATE OF NOTE: FEB 16, 2022@10:53 ENTRY DATE: FEB 16, 2022@10:53:34 AUTHOR: ==== EXP COSIGNER: URGENCY: STATUS: COMPLETED PSYCHIATRIC EVALUATION AND MANAGEMENT FOLLOW UP VISIT Duration: 25 minutes phone Time spent performing psychotherapy services: 16-37 minutes INTERVAL HISTORY: Mr.==== reports that he's contending with a sore shoulder and neck that came on suddenly for no obvious reason. He's had chiropractic treatment and a deep tissue massage (that was quite painful), and he's using a lot of ibuprofen and naproxen to get through it. He contacted his mother on her birthday and read a letter to her that recalled good times from his childhood. He says while there were rough times, he knew she cared about him and regretted her limitations as a parent, so they have repaired their relationship and have been close for some time now. He enjoys seeing the grandchildren occasionally. His mood and temper are reasonably good as long as he stays on the sertraline. ==== is anxiously waiting to hear back on his SC claim. He says he applied for service connection for depression and anxiety as being caused by his experiences as a cavalry scout in Germany, and then later as an OpFor scout at Fort Irwin. He forwarded to me an account of the initiation ritual he was subjected to in Germany, which clearly was a traumatic event that fits his history of the onset of a depressed, hostile and anxious paranoid orientation ever since then, persisting to this day. He says that he didn't make an official report at the time, as that could have made things worse, but it changed his mood and personality decisively. ==== says that a C&P examiner many years ago attributed his depression and anxiety to a rough early childhood, but he says he was functioning well despite that, up until the point of the initiation trauma when things got really bad, and never recovered. The experiences at Fort Irwin were of a different sort; he wasn't targeted personally any more than all the scouts were, but the prevailing attitude was that no one's safety or life mattered all that much. That only confirmed the depressed, helpless and paranoid position he'd developed when in Germany. CURRENT MEDICATIONS: Active Outpatient Medications (including Supplies): Active Outpatient Medications Status ========================================================================= 1) AMPHETAMINE/DEXTROAMPHETAMINE 30MG TAB TAKE ONE ACTIVE TABLET BY MOUTH EVERY MORNING 2) SERTRALINE HCL 100MG TAB TAKE TWO TABLETS BY MOUTH ACTIVE EVERY DAY 3) SIMVASTATIN 40MG TAB TAKE ONE-HALF TABLET BY MOUTH AT ACTIVE BEDTIME TO REDUCE CHOLESTEROL -IF TOLERATED AFTER 2 WEEKS, INCREASE DOSE TO ONE TABLET (40MG) AT BEDTIME AND NOTIFY PROVIDER 4) ZINC OXIDE 20% OINT APPLY MODERATE AMOUNT TOPICALLY ACTIVE TWICE A DAY AS NEEDED FOR SCROTAL RASH Pending Outpatient Medications Status ========================================================================= 1) SERTRALINE HCL 100MG TAB TAKE TWO TABLETS BY MOUTH PENDING EVERY DAY Active Non-VA Medications Status ========================================================================= 1) Non-VA ASPIRIN 325MG TAB 325 MG MOUTH EVERY DAY ACTIVE 6 Total Medications STATUS EXAM: mildly depressed mood, affect moderately broad range, normal flow of thought ASSESSMENT: depression; paranoid personality. In my opinion Mr==== depression, irritability, anxiety and paranoia are substantially attributable to his traumatic military experiences, and are much more pervasive and strongly held than what would reasonably follow from a childhood that wasn't great, but wasn't terrible either. RISK: Risk of self harm appears low, with protective factors including his family ties and willingness to seek treatment. Risk factors include persistence of symptoms. PSYCHOTHERAPY PROVIDED THIS VISIT: Supportive PLAN: RTC about 3 months. /es/ ====, M.D. STAFF PSYCHIATRIST Signed: ============ Thanks for reading and offering your thoughts everyone.

My question is that this blurb on the VA website doesn't mention my other two parts/items that are a part of this appeal. I have two other issues. Is the entire thing denied? Just this part? Doesn't the judge address all the parts on appeal? All 3 issues have been in appeals process since 2010. Thanks for taking the time to respond and I will answer any questions if I am not asking the right thing. The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview: Denied The judge denied the following issue: Increased rating, Paralysis of upper radicular group Please see your decision for more details. This is the entire process that has happened since I filed a claim and for these three issues Currently on appeal Remand 100% rating for individual unemployability Service connection, Major depressive disorder Increased rating, Limitation of arm motion VA sent you a claim decision on May 17, 2010 VA received your Notice of Disagreement on June 28, 2010 VA sent you a Statement of the Case on February 02, 2011 VA received your Form 9 on March 03, 2011 VA sent you a Supplemental Statement of the Case on November 03, 2011 Your appeal was sent to the Board of Veterans’ Appeals on December 14, 2011 Board of Veterans’ Appeals made a decision on March 18, 2016 VA sent you a Supplemental Statement of the Case on November 17, 2016 Your appeal was returned to the Board of Veterans’ Appeals on December 19, 2016 Board of Veterans’ Appeals made a decision on September 08, 2017 U.S. Court of Appeals for Veterans Claims made a decision on December 11, 2018 Board of Veterans’ Appeals made a decision on July 11, 2019 VA sent you a Supplemental Statement of the Case on November 06, 2019 VA sent you a Supplemental Statement of the Case on November 08, 2019 Your appeal was returned to the Board of Veterans’ Appeals on December 09, 2019 VA granted one or more issues on January 03, 2020 VA granted one or more issues on January 22, 2020 Board of Veterans’ Appeals made a decision on April 01, 2020 U.S. Court of Appeals for Veterans Claims made a decision on September 09, 2020 VA sent you a Supplemental Statement of the Case on October 06, 2020 VA sent you a Supplemental Statement of the Case on November 05, 2020 Your appeal was returned to the Board of Veterans’ Appeals on December 07, 2020 Your appeals were merged on January 11, 2021 U.S. Court of Appeals for Veterans Claims made a decision on August 30, 2021 Board of Veterans’ Appeals made a decision on October 06, 2021 VA sent you a Supplemental Statement of the Case on December 13, 2021 Your appeal was returned to the Board of Veterans’ Appeals on January 12, 2022 Your appeals were merged on January 25, 2022 Board of Veterans’ Appeals made a decision on February 11, 2022 Current status The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview: Denied The judge denied the following issue: Increased rating, Paralysis of upper radicular group Please see your decision for more details.

Bergmann and Moore represented my shoulder claim and got a remand from the CAVC for that claim but it was denied again due to pyramiding by the BVA.. I recently got a letter from the legion saying that BM wanted to take it up again and signed a letter allowing them to try again. BM does not and has not represented me in anything other than my shoulder claim. They stated that my mental health appeals were not on the level of where they could help yet. (CAVC)

Hello all, I have had an appeal going since 2009 and seen multiple providers from LHI and submitted many many pages of evidence. My claims advisor at the American Legion says I have a huge file full of information and been to the BVA twice( remanded both times for development) and the CAVC who remanded case back to VA for development (Bergmann and Moore law firm) once. Long story short, I was filing for a service connection for mental health aggravation to include TDIU. I received another SSOC and I am including it here. I just cannot continue to fight this anymore. I'm angry they don't see it my way but I have no more evidence. I have been told my many other veterans that I made the GIANT MISTAKE by ever telling the VA I drank ( granted a waiver to enter military after seeing military psychologist to review alcoholism and lithium prescription for mental health treatment) and that I suffered child abuse. I have been sober now 11 years and my life is greatly improved in that regard but I cannot keep being the only one who thinks what I saw/did/experienced during my time in service didn't aggravate things. I am not a combat veteran but I served during the Gulf War period, did 33 rotations at Fort Irwin as a scout team member and was in Korea for a year also as a scout. I gave 7 buddy letters, statements from my mom, my wife, and my brother and have been seen at the VA monthly for mental health since 2007. I am diagnosed by the VA with depression (unspecified), anxiety, substance abuse in remission, paranoid personality disorder. I take a cocktail of pills prescribed by the VA for the same amount of time. Below is the latest RO response the BVA remand and it is currently with a judge being decided according to VA.GOV: ISSUE: 1. Service connection for a psychiatric disorder. 2. Total disability rating based on individual unemployability (TDIU). 3. Pertinent laws and regulations. EVIDENCE: ● Memorandum granting extended VR&E benefits, dated April 21, 2016 ● VA examination, Minneapolis VAMC, dated May 11, 2016 ● VA letter, dated August 31, 2016 ● Academic transcripts, received October 7, 2016 ● VA examination, Minneapolis VAMC, dated November 14, 2016 ● LHI contractor examination, dated September 5, 2019 ● Board of Veterans' Appeals (BVA) Decision, dated October 6, 2021 ● LHI contractor medical opinion, dated November 5, 2021 ● LHI contractor examination, dated November 11, 2021 ● VA treatment records, Minneapolis HCS, from October 9, 2009 to December 2, 2021 ADJUDICATIVE ACTIONS: 10/06/2021 The appeal was remanded by the Board of Veterans' Appeals for additional examination consideration. 11/04/2021 The appeal was remanded by the Board of Veterans' Appeals for LHI examination contractor. 11/11/2021 The appeal was remanded by the Board of Veterans' Appeals for LHI examination contractor DECISION: 1. Service connection for a psychiatric disorder is denied. 2. Total disability rating based on individual unemployability (TDIU) is denied. 3. Pertinent laws and regulations. REASONS AND BASES: 1. The Board of Veterans' Appeals (BVA) Decision, dated October 6, 2021, remanded this issue for additional examination consideration. We asked the examiner to review the evidence of record and determine if your depression and/or anxiety disorder are at least as likely as not related to an in-service personal assault that includes military sexual trauma. The examiner provided a negative opinion with the following rationale: "Previous examiners have outlined in lengthy detail rationales for why the Veteran's current mental health diagnoses are not related to service. The information contained in the statement he wrote in 2021 was taken into consideration in the 2019 MH C&P report and Medical Opinion. Two separate examiners who saw the Veteran in person have opined that the Veteran's current MH diagnoses were neither started in service nor exacerbated/aggravated by service." We also asked the examiner to review the evidence of record and determined if your depression and/or anxiety disorder are at least as likely as not caused or aggravated by your service connected left shoulder or tinnitus. The examiner provided a negative opinion for both scenarios, with the following rationale: "According to a note dated 08/24/2011, Veteran's stresses were identified as school stress, recent break up with girlfriend, homelessness, financial strain and son with ADHD. All these stresses do not relate to the Veteran's military service. Current stresses were not identified in the 2020 evaluation. Therefore, there is no evidence in the record to connect the current MH diagnoses with service connected conditions." There is no medical evidence on file that would rebut the examiner's opinions. Service connection for a psychiatric disorder is denied as the evidence fails to show a disability that was incurred in or caused by military service, nor does the evidence show a disability that was caused or aggravated by your service connected left shoulder or tinnitus. (38 CFR 3.303, 48 CFR 3.304, 38 CFR 3.310) 2. The Board of Veterans' Appeals (BVA) Decision, dated October 6, 2021, remanded this issue as it is inextricably intertwined with the evaluation of your left shoulder and the potential service connection of a mental disorder. Upon appellate review, service connection was not established for a mental disorder; therefore, consideration is only given to the effects of your other service connected disabilities. You were originally denied entitlement to individual unemployability because you did not meet the schedular requirements for entitlement, nor were your disabilities severe enough to warrant extra schedular consideration. You meet the schedular requirements for entitlement to TDIU from September 22, 2011, the major disabilities being the neuropathy in your left arm and the chronic left shoulder strain. Your last occupation was in maintenance and you also received some training commercial building engineering. Before being employed in maintenance, you worked as a building engineer. You received college courses from Rasmussen College from January 5, 2015 until September 14, 2016. This was a part of the Vocational Rehabilitation and Education (VR&E) program through VA. Recent examination of your left shoulder shows that you are limited to occupations that do not require heavy or overhead lifting. This disability does not affect sedentary employment. VA contract examination, dated September 5, 2019, shows that your neuropathy imposes similar restrictions on overhead activities. There is no information on restriction for sedentary activities. There is no medical evidence of record supporting the contention that your remaining service connected disabilities, including your status post open reduction internal fixation left distal fibula/tibia fracture, tinnitus, right knee strain, left lower extremity scar, and left index finger crush injury, prevent you from securing an maintaining substantially gainful employment. Entitlement to TDIU is denied as the evidence of record fails to establish that your service connected disabilities prevent substantially gainful work in a sedentary occupation. (38 CFR Any thoughts or opinions are welcomed

I am taking numerous meds given by the VA and going to VA mental health groups and have been now for over a year on the groups and three years on the meds. I am extremely aggressive when not medicated and have several run ins with the police and had firearms taken away twice and 2 psychiatric lockups at the VA over the past 3 years. My thinking is that my aggressive tendencies were exacerbated by my MOS and duty stations as well as witnessing several very scary events while in the Army including the deaths of three soldiers who were killed when there Bradleys flipped during an exercise in Ft Irwin CA. My diagnosis's from the VA are several and several different VA doctors are saying different things Axis 1 Depression NOS possible dysthymic disorder Axis 2 Paranoid Personality Disorder Axis 3 No current diagnosis Gaf of 50 This is the general consensus I have been told I have anti social personality disorder as well in my VA treatment notes over the last few years and have taken the MMPI twice at the VA and both times came back as Paranoid Personality Disorder. Any other information I can provide to you guys please let me know. Thanks 19D20

Hi, I have already been approved for SDDI (totally disabled) and have been receiving benefits from them for about 8 months. I want to file for VA disablity for aggravation of a condition while I was in the Army. I am rated 40% with the VA currently but all for physical conditions no mental. My SSDI was approved soley for mental conditions using my VA records of treatment for mental health treatment received at the V.A. My questions are: 1. Does my SSDI "count" at all for a VA mental health rating? 2. I was taking lithium prior to my entrance into the service but the Army discontinued it and I never took it while in the Army 3. I had to have a waiver to get in the Army because of my lithium usage and a Army doctor signed off on my enlistment 4. Is that enough of a nexus? 5. Any tips? 6. My dates of service were 88-96 gulf war era veteran (West Germany,Western Corridor Korea and 36 opfor rotations at NTC) Thank you very much 19D20 Cav Scout