Ask Your VA Claims Questions | Read Current Posts
Read Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
rosypalm
-
Posts
179 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by rosypalm
-
-
thanks broncovet,
this is smooth thats why im asking how long its going to be. I already am with a VA communitysupportprogram and the doctor is writing a imo. I sent a form in already signed by my VSO and faxed it to the VA regional office now all i have is the imo im waiting this wed to fax to the VA regional office . Is this going to be retroactive from the initial denial? This is smooth because I have all the evidence in front of me and I have a argument for a nexus that the VSO faxed. So a year?Dang!
-
Hello Veterans,
I haven't been on this forum since four months ago . I was denied service connection for schizophrenia to include anxiety and depression and opted to appeal using the DRO. I then went to the VSO and the representative wrote an argument from in service of a suicide report and call to the VA hospital six months after service for depression to when the suicide ideation and manifestations first happened. I'm getting an independant medical opinion all I have questions . How long does the DRO appeal last? Is the initial claim then from the time the initial service connection for schizophrenia to include anxiety and depression was denied? Is this going to be retroactive?
-
The signs and symptoms of schizophrenia do not include any specific emphasis on suicidal ideation.
Schizophrenia is not an anxiety or stress oriented condition-
I am not suggesting that anxiety and stress as well as suicidal thoughts could not be a part of the overall clinical picture of a schizophrenic- but-
I dont see any strong link here between somehing that might have come from stress as related to this psychosis.
I am not a doctor- I did study mental disorders in college and after working at a Vet center I certainly know what symptoms PTSD and other anxiety/stress related disabilities can cause.
I do believe that your doctor must have a good medical rationale to be willing to support your claim- but I dont see it here-
you got great advise from everyone-
we see things by looking at a claim the way we feel the VA will view it-
What I see lacking is a concrete nexus as well as continuous treatement.But maybe you HAVE the nexus-
I dont doubt your claim at all- but I brought up a few things that VA would question-as others here see too---
Is the "0" % you have now for direct service connection or for NSC for schizophrenia?
If you have award stating "0" SC for schizophrenia-this would show that a nexus HAD been established directly to your service but that VA felt your condition did not raise to a compensable level (at that time)
and all disabilities can get worse with time-
Is your SSA award solely for schizophrenia? If so that would show that SSA had enough evidence -obviously-to make this type of award and that the "0" level certainly has changed.
Is the VA aware of the SSA award? And did they send you an authorization form to obtain it?
"In the denial letter the va said "there was no evidence to suspect that I was mentally disabled and that i did state my humour was different" but now there is evidence and plenty that clearly shows I am mentally disabled along with my ssdi. How can I fight this!"
It looks to me that even if they had the SSA records, they did not consider them as evidence.
Are you able to cover any personal stuff and scan and attach the actual wording of the denial here?
I see the holes in this claim that VA would see but then again-
if you got SC at "0" for schizophrenia and the SSA award is solely for schizophrenia- you should apply for TDIU (the 100% comp rate)as well as appeal this denial-
and make sure the VA gets the SSA records that justified their SSA decision-
those records would contain an independent medical review that could certainly help you-
if the "0" award was for SC and not NSC.
Berta your adding confusion to the mist you really are. I appreciate your help though your misinformed thats all. I got service connection not for schizophrenia but for lesions on legs I made that clear in my earlier posts it was supposed to be interlinked to schizophrenia but I had no record from balboa confirming that. Yes the VA does not currently know I was awarded from SSA they know that I was in the process to get SSA. Again how does that matter the va already gave me a nsc pension for perment and total disabilitt, Must mean in their eyes im sick just not nexed from the time I was in service? AGain Berta does it matter if the signs and symptoms of schizophrenia do not include any specific emphasis on suicidal ideation . Key word being include doesn't mean that a report of a threat of suicide is excluded does it from this??
-
"that was originally for interlinked to schizophrenia due to stress from BALBOA record."
Who linked this? Was this a statement in an argument you or a SO submitted or did the doctor write a statement linking that event to your current diagnosis?
The benefit of doubt rule applies to a resolution of the weight of evidence when there is both reports of record indicating the condition was the result of service and evidence that supports that it was the result of non service related events.
If the comp and pen examiner did not specifically address the possibility of service connection of the post service diagnosis and you did not have a specific mental health C&P nor did the private shrink write a report based on a review of the records then there is no evidence that meets VA standards that would require consideration of the benefit of the doubt rule.
They should send you a VCAA notice explaining what they need. Take that notice to the private shrink. Hopefully his VA experience will help in getting him to produce the type of evidence in the VCAA notice. The continuity you are reporting can be considered if tied into the current diagnosis. It sounds to me like there is no inservice diagnosis of schizophrenia. That is why you need a doctor to tie those symptoms into the current diagnosis.
It was either my Va worker or va doctor that interlinked that stress from the lesions was due from schizophrenia. It would have been beautiful if the record from balboa surfaced too.
-
"and was noted as I recall."
You really need to know exactly what is in the records and not go by what you recall. There could be plenty that you forgot. Sometimes when veterans get their records there is more evidence than they expect. It appears that you are relying too much on the raters to connect the dots.
Doctors will need to write specific reports addressing the issue of this condition being the result of service or aggravated by service. That is what is discussed earlier in this post. You just cannot expect them to read the SMR and make an award based on scars or a notation that the lesions were due to stress.
Typically you need a post service diagnosis and a way to tie symptoms that appear in a writtren record while you were in the military to the current diagnosis. The raters do not do this, doctors do this. This is why they are supposed to schedule a C&P if you have a post service diagnosis. They do not always schedule a C&P. If you did not specifically have a C&P for a mental condition then they did not develop the claim. Did they list any mental health exams on the denial letter??
The fact that they are asking for new evidence can be difficult. I know a veteran where they denied the claim and told hin they would schedule no C&P exams to assist with the claim. This prpoblem was discused in another post I started. It is good that you can get around this with a private shrink who wants to assist. Get all records to this shrink.
It is best to submit medical evidence rather than argue proceedural errors. If you win a proceedural error they will only remand the claim for further development. The medical evidence can win the claim without time consuming remands.
Ok if they did not develop the claim then how could the claim be developed with no evidence? I'm not disagreeing with you, but the my original argument for schizophrenia and importantly keyword here is STRESS to be nexed to the schizophrenia claim was from the BALBOA record that never surfaced. HOPPY its as simple and thorough as that it couldn't be more convincing except that the record never surfaced. Again a lot went on and these claims were written in an ineffectual manner thats why theres confusion. The va workers which didn't have access to all my records from in service basically wrote what I went off of my head. It was even written while I was a patient in the VA psyche ward. I didn't have a c file to look to or else damn I would have nexed the report of suicide before the balboa record. I just never thought it got on record. Yes , I got all of the evidence now from the c file there isn't anything missing except the balboa record. Well I had a doctor work on the claim for me and va workers too I nexed something that never surfaced. Thats why I recieved a non service connected pension and a service connected 0 percent and a blockade towards service connection claim to schizophrenia. Things were out of my control I don't disagree at all for why I never got a comp and pen for schizophrenia there was nothing to suspect them at that time of any chronicity for the service connection towards the schizophrenia claim. Thats why they sent a form mid thru the claims process to submit or find the balboa record or any new record and I didnt but couldn't I just didnt have any excersize to retrieve them. Oh and HOPPY statements made from my doctor were very intimate on my condition due to aggravation. I disagree with you also on STRESS. If a well practioned VA worker doing my claim says "BINGO" the lesions were due to stress how is that for schizophrenia ??? Stress and the schizophrenia claim wont be tied?? :P sounds like aggravation to me.
-
Rosy
You have two things to overcome: No in-service diagnosis of schizophrenia or any other mental illness and you did not file a claim within one year of discharge for a mental illness. I think if your shrink can develope the suicide issue that you can win this claim. But the VA is going to throw the issues I mentioned in your face. I have been through this process myself.
Yeah I know , but what makes me think my doc or shrink would want to work on this for me or most importantly on my behalf? :P
If its unreasonable he doesn't have to lift a pen? I have all the evidence weighing against him if he doesn't help with the appeal. I guess I want the best of both worlds I want my VA doc to have to help but to also as you said develop it as someone with his expertise and precision handling give it flying colors. "WHY SHOULD I WORK ON THIS FOR YOU?"
-
I know this is beaureau cratic red tape so I shouldn't just say that HELL somebody that should give me the benefit of the doubt should give me the benefit of the doubt. I don't know if that makes any feasible sense but my doc who also works for the va is connected now to me and him working for me he wouldn't put himself at any risk since im already permanently and totally disabled and there is so much from the very hospital he works for for my evidence. CONSISTENCY!!!! The very fact they gave me non service connected pension due to having seen and been through a pysche ward,vet center for mentally disabled, and a housing program for low income and mentally disabled persons which in all manner was not service connected because of my original argument says that aggravation started while having been seen at BALBOA. So there was the lesions on legs that was originally for interlinked to schizophrenia due to stress from BALBOA record. The lesions on my legs were chronic as I got treatment and prescribed medication and never amounted to by VA standards anything more than 0 percent. That im in no disagreement with. The report of suicide and a call to a va hospital because of depression a little less then one year after in the service showed no chronicity. Scout was right the only way to do this is by symptomology from presently. My doc is a real standup guy I know he ll be there for this appeal for if he wasn't and knew It is a victory as I know it as a victory for sake of argument if my right to an appeal and the VA's obligation to help with the appeal only can they not help if unreasonable which if the doctor doesn't agree to help me with the appeal then symptomology could easily be brought with accounts with many evidence from the psyche ward,vet center for mentally disabled, non service connected pension for permenant and total disability,and a housing program for low income mentally disabled persons. I think he'll help :P
-
Also if you read from my earlier posts and this is important HOPPY they gave me a non service connected PENSION. The VA does acknowledge that im permanently and totally disabled since im under 65. Now given this award they do know in VA agreement that evidence for the claim of schizophrenia never is service connected. Can anyone say blockaded?? My doc is writing a new argument for this appeal for the report of suicide because again the Balboa record never surfaced and nobody knew until the claim for schizophrenia was already in process about the report of suicide. My doc would have had changed the original argument.
Also if you read from my earlier posts and this is important HOPPY they gave me a non service connected PENSION. The VA does acknowledge that im permanently and totally disabled since im under 65. Now given this award they do know in VA agreement that evidence for the claim of schizophrenia never is service connected. Can anyone say blockaded?? My doc is writing a new argument for this appeal for the report of suicide because again the Balboa record never surfaced and nobody knew until the claim for schizophrenia was already in process about the report of suicide. My doc would have had changed the original argument.
-
Hoppy I did get a comp and pen for something in its complexity sides with being unrelated to schizophrenia then something that could have helped with a claim to schizophrenia. It was for my legs with lesions which the VA did find to be service connected at 0 percent. You offer a good point the claim does seem undeveloped. In my earlier posts I said something about Balboa records never surfacing. I was at that time went to see a naval doc in balboa for lesions on my legs but importantly the LESIONS were diagnosed as stress related and was noted as I recall. I would have had both my lesions on my legs claim and schizophrenia claim service connected if the balboa record surfaced. As it was stress related and the original argument was about the balboa records in being about the claim schizophrenia than it was pivotal that balboa records did surface and it never did. Why then did the Va service connect only the lesions on my legs at zero percent ? Well I went to sick call prior going to Balboa and was given antibiotics and cream but never did it mention anything about STRESS if it were then I would of had the nexus that I needed with the original argument and of course the VA found that but not the Balboa record. They gave me a comp and pen to see if there is two or more scars for at least a rating of ten percent and according to the examiner there wasnt any. I dont disagree but why give any person a service connection at 0 percent? isn't a zero something worldly unappearable? Doesn't it feel like the VA gave me the benefit of the doubt for a service connection that wouldnt be able to get a ratable rating but didn't give the time to a schizophrenia service connection the same way knowing that it would have been a much higher rating? The report of a suicide threat appear as did the same way when I went to the clinic for lesions on my legs but no that would have been going above the call of duty to give the benefit of the doubt in that treatment to say it was service connected because of that :) The comp and pen was a meer attempt to see if any scars exist presently to get me service connected as though the schizophrenia claim was still out in the air because the balboa records didn't show and still hasn't.
-
HOPPY I don't like to use the term bombard but it almost is going to be that way with continuity of symptoms. The VA wants new evidence I say Im gonna give it to them :)
-
well john999 if I denied a report of a threat of suicide why is it even listed in my c-file? It happened!!!! Obviously someone has to be considered. SCOUT thanks again for the advice yes its going to be continuity of symptoms from what ive read and the rationale behind it and my records I got on hand. Guess I gotta brace for the long road ahead of an appeal. :)
-
I have a lot of lay people. My sister my sister in law people who brought me to the pysch ward and my vet center. Believe me they all know my condition. So really thats all you have to do is make a statement and that is evidence? hmmm so the VA is taking statements especially my own as evidence? If that is so then that is huge. What does anybody say will it go to the RO before the BVA and get approved ? Or do appeals have t o be 2 years long and wait for the bva to see the claim? What I know of I think this will be a decisive win and enough to shorten the appeal time by a year at least.
-
I think now I can go on a deep peace with this one. :)
-
Hey scout thanks again for the advice. I think it boils down to my doc writing a new argument that supports the evidence on the denial letter. Whether or not the evidence was already considered with the old argument wouldn't hold up the old argument because it was too narrow about only when the aggravation started was from the balboa records that never surfaced.
-
If for a request of reconsideration if the evidence I got from my earlier posts was on my denial letter than that evidence was already considered? I don't quite understand but if the argument was for records from balboa only that never surfaced and I submit a new argument and a request for reconsideration for the evidence that is already shown on the denial letter would that work out ?
-
well the thing is Bertha I reported feelings of depression in july 2002 and that is all I have. There was no medical treatment or diagnosis until sept 2003 which is past a year after getting out of the service. If the argument is open enough it can cover this and the suicide threat which from the first claim only covered the balboa records which never surfaced. If I reported feelings of depression in july 02 and I got out in jan of 02 is that enough? Should I have had medical treatment at all for a request of reconsideration? All I did was call the Va hospital at that time and reported it and never went in for a check up. Otherwise the important thing is to fight the appeal and win the appeal. Getting it done quicker in my honest opinion would make things so much for me but I dont want to not sacrifice getting it done right! Thats where I'm kind of iffy. Records are not hard to get at since working with a Va doc all that has to be done is opening up my c file. Its just what the argument wants to say about such and such record.
-
Yeah I did actually I went to a doctor for depression and anxiety in 2002 and I got out of the service in jan 2002. I don't have copies on hand but it is in my c-file im with a Vet center or a va community support program and the support program saw the report of a threat of suicide while in the service.
-
Yes Pete isnt that great hehe. I think I was like 20 probably. My Va doc can write a statement for me also the Va has given me a non service connected pension and im under 65 so they do know im permenently and totally disabled to have recieved a non service connected pension. I just think its dumb to offset dollar for dollar from the ssdi I don't want it at all. I get what your saying pete it may just be so " on the money" with the incident of suicide with a strong medical opinion to say that is where the initial symptoms began. How would you write up the strong medical opinion what would you say? Well I think the argument before was trying to narrow down medical records from Balboa that never surfaced,but my Va doc has said hes writing a new argument for this report of suicide threat.
-
How can I link the evidence outside of my service to the event that took place inside of the service? Can I say that the event that took place is aggravation due to the experience of having substandard care? There is record that I did ask for a rope . I just asked for a rope and someone reported me for a suicide threat on grounds that I was behaving abnormally. Why I'm saying there was substandard care is obviously presently I got awarded ssdi for a mental condition. The mental condition went off of the evidence outside of the service,but the experience that I got from this event that took place while in service tells me that it was aggravated due to substandard care which is they weren't thorough enough in their evaluation because if they were thorough enough in their evaluation they would have begun treatment of a mental condition. If there isn't any evidence to lead them in treatment of a mental condition as the record states then why follow up on a suicide watch which more than likely has to be done while in the barracks at lights out hours and logged in the duty book? Why not have the suicide watch at all? Isn't it saying I had the potential to harm oneself? Although Its preventative it still is evidence that I couldn't sleep alone that night because of harming oneself. If its not on record that I was on suicide watch which I was would that fall under incompetancy on their part the VA's for trying to say it never happened while the report of suicide happened the night before the navy docs evaluation of me for the report of the suicide threat? Does anyone know where I'm going at on this?
-
Isn't it just service connection. Aggravation is something that gives you reason to file a claim for service connection I thought?
Thanks for the much needed advice. Somehow I have to link the report of a suicide threat to my mental condition presently. Oh brother and thats the hardest step and the VA KNOWS THIS !!!!! In my earlier post I asked how can I fight this now I'm asking how can I win this if at all?? So far its on record that I denied all feelings associated with symptoms of having a mental illness by a navy doc and I stated my humour was different and that the navy doc saw no evidence of a mental disability. Other than that I don't know what much else to write there was no diagnosis of any mental condition while I was in the service only that event with a report of a suicide threat.
-
Hi Vets,
Not too long ago I recieved my decision on a claim and was denied service connection for schizophrenia anxiety depression and I'm going to appeal. My pychiatrist who happens to also work for the Va is also writing a letter along with my NOD to say that I do have schizophrenia that was aggravated from the service because I made a suicide threat and it was in my medical record and also in my denial letter from the c-file. Also I have recently been awarded ssdi for schizophrenia will any of these things help the appeal? My pychiatrist is bringing up a new argument for the appeal and saying that due to the suicide threat which aggravated while in service. In the denial letter the va said "there was no evidence to suspect that I was mentally disabled and that i did state my humour was different" but now there is evidence and plenty that clearly shows I am mentally disabled along with my ssdi. How can I fight this!
Dro Appeal ?
in VA Disability Claims Research
Posted
thanks sixthsense
All of this makes sense except the retroactive thing could u clarify ? I didn't file within one year of discharge so thats a no go. I got out in 02 and filed in may of 08 the initial claim and was denied in jan 09 and appealed feb or march 09. What date would likely say that is the initial date the retroactive takes place?