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Russ92x

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  1. wish i could figure out how to attach a pic of the letter but cant figure it out. this is how it reads out word for word. Service connection for unspecified anxiety disorder is denied since this condition neither occurred in nor was caused by service(38 CFR 3.303, 38 CFR 3.304) The evidence does not show an event,disease or injury in service(38 CFR 3.303, 38 CFR 3.304). We did not find a link between your medical condition and military service(38 CFR 3.303, 38 CFR 3.304). Service treatment records mention marital problems It states the VA examiner gave me a positive medical opinion stating that my anxiety was incurred in serve; however your anxiety came from family issues and marriage issues. No diagnosis of anxiety related to military service was given during service; therefore this condition is denied. Favorable Findings identified in this decision: You have been diagnosed with a disability. VA Examiner diagnosed you with unspecified anxiety disorder. Laws and Regulations applicable to this issue: 38 CFR 4.6 Evaluation of Evidence 38 CFR 4.130 Schedule of rating Mental Disorders (0412) Thats exactly how its typed word for word.
  2. So VA says it's not service connected because it did not happen during or because of time and service. but their examiner says it occurred during time in service. The denial letter states that in their opinion it's not service related or incurred during service. But the VA examiner states that it did occur during service and I do in fact have anxiety. Had a doozie of a NCO as my 1st supervisor and very demeaning and flat out lazy. I had to do.his work and mine so he could do his chiropractic school work at his desk. Never reported it for fear of retaliation. Symptoms of anxiety started within a few months of being stationed there in that office (only 3 of us in there). Wife at the time got tired of my change in behavior from usual self to always irritable/angry and went to my 1st Sgt asking to get me help. I was referred to base family counseling office for what anger management and nothing else, no further evaluations. That went on for a few months..during these visits I never mentioned the NCO as being the actual problem fearing retaliation by him by doing so. So I just went along for the ride hoping the visits would end because they weren't helping but was afraid to admit it thinking I'd get kicked out of the service. These visits/appointments are in my military records that were supposedly obtained by the VA for this claim. After being out almost 20 yrs I still was dealing with what I didn't know was anxiety. On my 42nd birthday I promised myself to go talk to.my.dr and to.stop living like this(angry at the drop of a hat, irritable, dwelling on things I had no control of). After explaining everything that happened he diagnosed me with general anxiety and put me on 2 different meds. Coworker suggested I file a claim for it since it was something that started while I was in the service. So.filed initial claim in Dec 2020. Did c&p exam on Feb 8. Case closed on Feb 16 and not service connected. Since I have no document that states my issues with that nco. I'm having my ex wife write a statement that I hope along with one of my own will help me win a supplemental claim. But I feel like I should have not been denied since even their examiner states it did indeed happen during my service. I feel I should have been service connected per 38 CFR 3.303 since it is a disability that occurred during my military service. So should I be filing a supplemental or should I be filing for higher review. They're also quoting 38 CFR 4.6(which I looked up and quite figure out) And 38 CFR 4.130. Thanks for any help/suggestions you can provide.
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