john999

If they try and get you to talk about your childhood they are leading you down the primrose path to a personality disorder DX. When you are in mental pain and trust the VA you are apt to get screwed to the wall. In one of my early c&p exams this prostitute doctor asked me all these leading questions about my childhood. He said I was a sociopath because I told him I skipped school a few time and got into a scrap in junior high school. I had years of that crap since I filed in 1971. Like Larry says, you were fine before the military. The military experience was your problem. Your home life was like "leave it to Beaver". You love everyone and everyone loved you.

The VA can say you have residuals of schizophrenia if you are not psychotic and give you a lower rating. There is a big difference between being "insane" and having schizophrenia. Insane is a legal term that has all sorts of implications. I am 70% for schizophrenia and I am not insane. Sometimes they just throw a DX at the wall and see if it sticks. The VA does not know the difference between schizophrenia and panic disorder or dissociative disorder. If you are acting crazy you get tagged with either a PD or schizophrenia DX. PTSD is the DX De Jour.

Your JAG did a nice job of sticking up for you.....not. The military might have discharged you for being crazy, but you don't get a LTH discharge for that. You get a medical discharge for that. The military takes advantage of really mentally sick people. They get the JAG to scare you to death so you will sign anything.

You could be rated for chronic pain disorder and depression. I think I would go very slow if they want to cut on you. The surgery can be a success and you may be on morphine the rest of your life anyway. What kind of pain meds do you get? When they ask you to rate your pain tell them 8-10. You have to become a professional complainer. Everything the military tought you throw it away. Be a sissy and complain your head off about your pain. I do! Having a back problem is a lot more than just ROM. I had the injections and it did not help. I have had three surgeries for SC problems and now all are worse.

I think the answer is "Yes" to everything. The IMO is key. You filed your claim within one year of discharge. That is great. Your denials showed you what your IMO doctor needs to say and what he needs to connect to your service. If you are a combat vet the VA is supposed to grant your report of injuries credit if they are plausible. Just be sure you stay in your time limits for appeals.

It is not like falling off a log is it? I had 70% and SSD and the VA denied my IU the first time. You start to wonder "what do these jerks want from me". I had all the facts, but they went over my records with an electron microscope to find three words to deny me. I just had to do like you probably did and get another opinion. The race does not go to the fleet, but to those who just keep on trucking. We see winners here. Imagine those thousands who give up due to lack of knowledge. Who is going to hire someone with a 90% disability? The VA thinks you can work at Walmart as a greeter.

Who did the C&P exams? If the VA did them you might get copies from the VAMC where the exams were done. You go to Release of Medical Records. If QTC did them you have to get them from the VARO. I would call or visit and push them. The VSO does not care since it is not his claim. He is too busy eating lunch to care or on break. The only good VSO is our own Larry. We need to clone him.

You know about 40 years ago I had a discharge review before a board. It was composed of an Army officer and some civilians. My representative was a guy from the Red Cross. He did such a good job, and I looked so pathetic my discharge was upgraded almost the same day. The story he told was so sad some of the people were actually crying. Then I began to feel so sorry for myself I felt like crying. That was the last rep that was worth a damn. I think the officer wanted to hang me, but the civilians were on my side. I think a lot depends on the public mood in these things. If the public feels the enlisted have been crapped on you get a break. It helps to be a war vet and to be young. If you really were insane and went awol for the reasons you describe it would be justice for you to win. God knows what those SOB's think who sit in judgement. That NSO should be hanged. He put the burden of presenting your case on your back. Now they see a guy who can present facts and think "this guys is not crazy". Just wait and see how it goes. Do you have a time frame?

I hand carry the stuff to my RO and get date stamped copies. I only live 20 miles from my VARO. One reason I am not moving.

If the VA does not send you for depression c&p I would be suspicious. Did your VCAA letter list depression as one of the disabilites you claimed?

The VA decision you posted is pretty damn bad. They crucified you. You need a lawyer and friendly doctors. Your biggest problem is that 18 years have passed since your discharge. Did they threaten you with courts martial if you did not accept the administrative discharge considering the AWOL?

Right, Bob, Vietnam vets suffered misdiagnosis for years until 1980. How many drank or drugged themselves to death in those years? How many died from "high risk" behavior? The VA was a horrible place in the 70's as I remember it. I went just to discuss a problem and the doctors lured me back into the locked ward and closed the door behind me. It took two weeks to get out. I did not go back for 20 years.

I think I would write a letter to the Director of Medical Services. Ask them if you need to go to your local newschannel or newspaper to get help. The VAMC is really a group of institutions inside a single building. I never knew a pharmacy could overrule a doctor's orders until I tried to get my pain prescription filled recently. Then I found out the DEA could overrule every doctor and pharmacist in the VA. Go to the top. If you piss people at the top off it creates heat for those below. That is good. They are all worms.

Is it the function of moderators to be "thought police" or "big brother"? I think it has a chilling effect on free discussion.

It is about the military not wanting to take responsibility for mentally damaged soldiers. During Vietnam Era thousands were kicked out as PD's. There was an endless supply of draftees to replace the "defective" war vets.

If you have a lawyer for your VA claim you should communicate with the VA through your lawyer. Otherwise, you are undermining your lawyer. I think getting a lawyer for your claim was a good idea if the VA denies you again and you have to go to the BVA.

RSG Remember who is doing the actual rating on your claim: A person with no medical or legal training. They don't know how to evaluate your MMPI results. They don't know how to evaluate the psychologist's summary of the results.

I agree with Berta and TestVet that if you want to protect your rating keep up the minimal treatment schedule. I go every three months and just chat to my shrink. We both know that I am not getting psychotherapy from the VA. 20 minutes every three months is not therapy. It is just a med check. Really, the VA is not meeting its responsibilites in treating mental health problems of vets. They don't meet their responsibility in treatment of most chronic conditions. Be sure you get your medicare and part B in case you really get sick. The whole VA treatment mode is public relations. The public wants to believe vets are being taken care of, so the VA creates the illusion on paper. In patient treatment for mental illness, or substance abuse at my VAMC is just torture. I would not subject myself to that again ever.

The MMPI has a scale that is supposed to show if a test taker is exaggerating their symptoms. The way I think it works with the VA is that if they don't like the results of your MMPI they say you are exaggerating your symptoms. The VA prefers the 15 minute exam by a QTC doctor. The MMPI must be interpreted by trained psychologist. That is too expensive and might show the vet has a compensable condition. The MMPI is a good test. I believe the VA does not use it because of cost. Cost drives everything the VA does. If you took a MMPI given by the VA it should be used as evidence unless the VA can show that the vet did knowingly exaggerate their symptoms. That is why they ask the same question ten times to see if answers are consistent. Back in the day the VA gave me the Ink Blot test. The raters just ignored the result.

The VA said you were a PD and did not review your SMR's? Is your denial final and unappealed at this point? If it is the a CUE is the only way to go. Did you submit any private medical records of treatment for depression? I know you got screwed, and I do think the VA may have made an error in not connecting you for depression regardless of the PD discharge. Is there any evidence in the rating that they reviewed your SMR's? I would file the CUE based on facts you have discussed and then wait for denial. When you get denial file a NOD and get yourself a lawyer. The VA is going to drag up the PD discharge and the PD benefits denial again and again. With a CUE the only evidence they can look at is what was available to the VA at the time the decision was made. The way to get service connected now is to have an IMO state that you suffer depression from military service. Here is the truth. The military wanted you out and they did not want to pay a medical pension. So they dreamed up the PD DX and got you to sign off on it. They always take advantage of people when they are sick or down to kick them in the teeth. They threw you away like a cigarette butt.

What should be said about the 10,000 Vietnam era vets tossed out of the military as PD's. There was no PTSD DX at the time so soldiers who started to act out were tossed. My discharge was upgraded to honorable, but the reasons for discharge are still listed under AR635-212. Within a year I was service connected for a mental health problem. That changes nothing according to the military.

You filed for depression which was noted in your SMR's within one year of discharge? You were denied? Did you appeal?You can only file a CUE on an unappealed final decision. How long were you in the service before you were discharged as a PD? Did you get general under honorable? Did you see combat or get any awards for combat tour? What kind of psychiatric care did you get in the service?

Hulamatt Were you in the NG or reserves? I don't understand your periods of service. You became schizophrenic in AIT? Then later you were on active duty again and went awol and got a LTH and became psychotic again? What is the chronology of your service and your disability. Who is helping you with your claim?

Djp You should get a referral to the VA pain clinic and to a psychiatrist. Most people with back problems and chronic pain have depression. You need to start building your claim for IU. If you can get 30% for depression/chronic pain disorder you will be home free for IU. You need a doctor's statement for FERS and for SSD. You could probably use it for your IU as well. It should say you are totally disabled from all work for at least a year due to the SC conditions. After all the deductions I get about $1800 from both SSD and FERS. Your health insurance and medicare part B comes out of that. That is not enough to live on unless you have a trust fund. However, with IU you add another $2600 plus to it and you can make it most places. Do you have long or short term disability insurance? I get money from disability insurance as well. Every vet should get it if they can afford it. The thing is that you can't be making significant money while waiting for SSD or IU. It is like taking a very early retirement. With your IU,SSD and FERS that is more than you will ever get in retirement from the feds. FERS is a pitiful retirement system. It is supposed to be a three legged stool consisting of your FERS, SSA and your 401-K. You have to work until you are 70 years old to make it.

Does this vet have access to medical care outside the VA? The letter is fine. I just wish the VA doctor was fine. If the vet has medicare he should use it. If the vet is considering any spinal surgery at the VA I would think twice. I would find another way. The VA may promise you the moon, but end up killing you anyway. I am serious about that. I have had lots of discussions with the VA about my care. In general they are awful and dangerous to the health of vets. VA patient care is a scandal. Every time you go to the VA you roll the dice. If it is for a serious condition you may roll craps.