Statement Of The Case

[Josephine]

Hi,

I am sorry to be like a worn out 78 record, but I still do not understand this Statement of the Case. I will type it and see if I am just dense.

October 7, 2004

You have filed a Notice of Disagreement with out action. This is the first step in appealing to the Board of Veterans' Appeals (BVA). This letter and enclosures contain very important information concerning your appeal.

STATEMENT OF THE CASE:

We have enclosed a Statement of the Case, a summary of the law and evidence concerning your claim. This summary will help you to make the best argument to the BVA on why you think our decision should be changed.

WHAT YOU NEED TO DO:

To complete your appeal, you must file a formal appeal. We have enclosed a VA Form 9, Appeal to the Board of Veterans' Appeals, which you may use to complete your appeal. We will gladly explain the form if you have any questions. You apeal should address:

the benefit you want

the facts in the Statement of the Case with which you disagree and

the errors that you believe we made in applying the law

ISSUE

Service connection for chronic anxiety with depression

EVIDENCE

Service medical records from March 5, 1963 throgh May 11, 1964

You were sent letter on June 11, 2003 and July 24, 2003 about the duty to assist provisions of the VCAA of 2000

Treatment records from Internal Medicaine August 1979 thugh February 2004

Report dated April 5, 2004 from Dr. M. P

Additional service records submitted by you in April 2004

Review of claims file, including all treatment records received

ADJUDICATIVE ACTIONS:

Military Service 03-15-1963 to 05-20-1964 Honorable

12-31-2002 - Claim Received

02-27-2004 - Claim considered on all evidence of record

03-23-2004 - You were notified of decision

( This decision was no service connection, but a non - service pension 100% for anxiety with depression, unemployable since 1983 denied due to excessive income.)

10-07-2004

The Decision Review Officer ( DRO) has completed a preliminary review of your file and has determined that, based on the evidence of record, your claim cannot be granted.

THIS IS NOT THE DRO'S FINAL DECISION. We are sending you this Statement of the Case so that you can better understand your appeal.

An Examination is being scheduled at the VA Medical Center. The VA Medical Center will notify you about the date and the time to report for the examination.

DECISION:

Service connection for chronic anxiety with depression is denied

REASONS AND BASES

The additional medical records submitted from The National Personnel Records Center and the report from Dr. M. P. dated April 2004 are considered to be "New and Material" and your claim for service connection for an" Acquired Psychiatric Disorder is reopened.

You were seen for a psychiatric consultation in March, 1964. You complained about being unhappy with the Navy since boot camp. Assessment was emotional immaturity, dependency, and instability which precluded further military service. Your post service treatment records show that you were diagnosed with anxiety in 1979. Dr. P reported that he reviewed your March 1964 consultation and expressed an opinion that your current anxiety and depression began during your military service.

( I did fill out the form 9 and turned it in and had it date stamped. My NOD is to the affect.)

I did not have a C&P for Anxiety with Depression

My post service treatment records 1965 through 1979 were not listed as evidence or considered

I want 100% service connection and not just the pension for anxiety with depression.

What do I think they did correctly? Not one thing

I am at the AMC remanded by the BVA.

What happened to the Anxiety and depression for which I was denied?

Everything is " an acquired psychiatric disorder"

My service officer stated this morning that the AMC may give me a C&P for anxiety and depression, for which I am filing. I filed in 1978 for nervousness. I did not file in 1992 as listed in the remand. I filed in 2002 and was denied, but given the pension.

My remand states that I have had two C&P examinations but neither was for " Anxiety with Depression. They were both for " an acquired psychiatric disorder".

If you have not followed my post. I did have my first C&P October 2004 - Anxiety not otherwise specified with depression. " More likely than not this veterans anxiety with depression began in service."

Five months later - April 2005. Board of two Psychiatrist - Axis l - Anxiety not other wise specified- Axis ll - Borderline personality disorder

GAF 40.

You were discharged by reasons of " Unsuitability and things that you considered indicative of abuse"

Appears this veterans primary symptoms are those of a personality disorder.

This veterans anxiety did not begin or worsen during service.

Thanks,

Josephine

Edited May 29, 2007 by Josephine (see edit history)

[Jay Johnson]

They're doing what they always do in the case of psychiatric disorders......playing down the facts that support your case and playing up the ones that don't. It sounds to me that your case is fairly strong and you have a good chance of winning it, but, on the other hand, your RO seems bent on denying you at that level regardless of what any new evidence shows.

This is their way of weeding people out of the system...stick with it.

[free_spirit_etc]

Josephine,

I am not sure how much help I can be as this is as confusing as heck to me also..but I can tell you the things that stood out to me in reading your post.

1. I am not sure why they are switching the terms around. It could be that aquired psychiatric disorder would include ANY and ALL psychiatric disorders that may have been aquired. Chronic anxiety and depression would be ONE TYPE of an aquired psychiatric disorder. So it would not be something different -- as much as the depression and anxiety would be limiting the field of what type of aquired psychiatric disorder you have.

So it could be that they are saying:

1. We looked at aquired psychiatric disorders you may have

2. We decided the aquired psychiatric disorder you have is anxiety / depression

3. We decided that this did not begin in the service.

It is really odd that they have a C&P that says you have anxiety - and that it more likely than not began in the service -- yet they sent it for a second opinion to someone who never saw you.

If your treating physician has never diagnosed you with a pesonality disorder - I would question the validity of such a diagnosis from someone who has never seen you or treated you. Personality disorders are not that easy to diagnose.

It seems that the Board psychiatrists are saying that - Yes, you do have anxiety - but that is didn't begin in the service -- and that your PRIMARY symptoms are from the personality disorder.

So that is something that you will want to watch - because even if you DO get the SC for anxiety --they can come back and rate it at a small percentage --and make you 10% SC -- and say that the majority of your symptoms are actualy not service connected.

So you will probably have to address the Personality Disorder as much as you address the anxiety.

Depending on what you want to do - two directions to go are:

1. Fight the fact that you were given a diagnosis of personality disorder by a reviewer - though your treating physician never diagnosed you with one.

or

2. If you choose to, or are forced to, accept the diagnosis of personality disorder -- which is NOT considered an AQUIRED disorder - then promote the in-service aggravation to the hilt.

You are supposed to be presumed sound when you enter the service. They are supposed to have to actually PROVE that your personality disorder pre-existed the service. (And it would be hard for them to say that your persoanlity disorder came AFTER the service because of the in-service documentation of emotional immaturity, instability, etc.

Also - you might want to read up on the Presumption of Aggravation - which would afford you the right that it would be PRESUMED that the in-service events AGGAVATED your so called pre-existing personality disorder unless the VA can PROVE that your personality disorder was aggravated by other facotrs - or only worsened in the service due to natural progression of the disease that would have occured anyway.

The burden of proof for both presumption of soundness and presumption of aggravation is higher than "more likely than not" and is up to the VA to Prove.

(Sorry - I don't have time to look up all the laws on it right now -- so you might want to check them out to make sure I am right on this...)

So I don't think the VA can get away with just saying it that your problem is not anxiety - it is a personality disorder -- without acknowledging the first symptoms seemed to appear in service - and that the occurances in service aggravated it.

So if they want to keep pushing the personality disorder issue -- it might actually be easier to turn that around into a favorable decision than it will be to fight it.

But for the VA to merely say that a personality disorder is causing most of your symptoms - without addressing the presumption of aggravation -- when you SMRs clearly indicate that you had symptoms in service --is something to appeal.

Also _ I remember you posting a while back about lies in one of your reports --where they were saying you had thrown things, etc.. Where did they get that info?

One thing you have to be careful of is the rights that are NOT afforded to people diagnosed with psychiatric disorders. Sometimes their psychiatrist will not even share the diagnosis with them -- to "protect" them from being upset.

Also - you are not always given ALL your psych records -- or even informed that you aren't given them -- because they might "upset" you --and worsen your condition.

And I even remember reading that the VA can actually give people claiming psych disabilities EDITED SOC's that don't SHOW all the information --Once again, in the name of protecting the claimant from receving information that might "upset" them.

So people claiming psych disorders are at a real disadvantage. They can drive you crazy by not being straight with you while pretending to protect you from your own disorder.

Also - their acknowlegement that some of the service records submitted by you were new and material should help an argument for an earlier effective date. Because they made the initial decision without a complete record. Some of the SMRs were missing.

Much luck,

Free

Hi,

I am sorry to be like a worn out 78 record, but I still do not understand this Statement of the Case. I will type it and see if I am just dense.

October 7, 2004

You have filed a Notice of Disagreement with out action. This is the first step in appealing to the Board of Veterans' Appeals (BVA). This letter and enclosures contain very important information concerning your appeal.

STATEMENT OF THE CASE:

We have enclosed a Statement of the Case, a summary of the law and evidence concerning your claim. This summary will help you to make the best argument to the BVA on why you think our decision should be changed.

WHAT YOU NEED TO DO:

To complete your appeal, you must file a formal appeal. We have enclosed a VA Form 9, Appeal to the Board of Veterans' Appeals, which you may use to complete your appeal. We will gladly explain the form if you have any questions. You apeal should address:

the benefit you want

the facts in the Statement of the Case with which you disagree and

the errors that you believe we made in applying the law

ISSUE

Service connection for chronic anxiety with depression

EVIDENCE

Service medical records from March 5, 1963 throgh May 11, 1964

You were sent letter on June 11, 2003 and July 24, 2003 about the duty to assist provisions of the VCAA of 2000

Treatment records from Internal Medicaine August 1979 thugh February 2004

Report dated April 5, 2004 from Dr. M. P

Additional service records submitted by you in April 2004

Review of claims file, including all treatment records received

ADJUDICATIVE ACTIONS:

Military Service 03-15-1963 to 05-20-1964 Honorable

12-31-2002 - Claim Received

02-27-2004 - Claim considered on all evidence of record

03-23-2004 - You were notified of decision

( This decision was no service connection, but a non - service pension 100% for anxiety with depression, unemployable since 1983 denied due to excessive income.)

10-07-2004

The Decision Review Officer ( DRO) has completed a preliminary review of your file and has determined that, based on the evidence of record, your claim cannot be granted.

THIS IS NOT THE DRO'S FINAL DECISION. We are sending you this Statement of the Case so that you can better understand your appeal.

An Examination is being scheduled at the VA Medical Center. The VA Medical Center will notify you about the date and the time to report for the examination.

DECISION:

Service connection for chronic anxiety with depression is denied

REASONS AND BASES

The additional medical records submitted from The National Personnel Records Center and the report from Dr. M. P. dated April 2004 are considered to be "New and Material" and your claim for service connection for an" Acquired Psychiatric Disorder is reopened.

You were seen for a psychiatric consultation in March, 1964. You complained about being unhappy with the Navy since boot camp. Assessment was emotional immaturity, dependency, and instability which precluded further military service. Your post service treatment records show that you were diagnosed with anxiety in 1979. Dr. P reported that he reviewed your March 1964 consultation and expressed an opinion that your current anxiety and depression began during your military service.

( I did fill out the form 9 and turned it in and had it date stamped. My NOD is to the affect.)

I did not have a C&P for Anxiety with Depression

My post service treatment records 1965 through 1979 were not listed as evidence or considered

I want 100% service connection and not just the pension for anxiety with depression.

What do I think they did correctly? Not one thing

I am at the AMC remanded by the BVA.

What happened to the Anxiety and depression for which I was denied?

Everything is " an acquired psychiatric disorder"

My service officer stated this morning that the AMC may give me a C&P for anxiety and depression, for which I am filing. I filed in 1978 for nervousness. I did not file in 1992 as listed in the remand. I filed in 2002 and was denied, but given the pension.

My remand states that I have had two C&P examinations but neither was for " Anxiety with Depression. They were both for " an acquired psychiatric disorder".

If you have not followed my post. I did have my first C&P October 2004 - Anxiety not otherwise specified with depression. " More likely than not this veterans anxiety with depression began in service."

Five months later - April 2005. Board of two Psychiatrist - Axis l - Anxiety not other wise specified- Axis ll - Borderline personality disorder

GAF 40.

You were discharged by reasons of " Unsuitability and things that you considered indicative of abuse"

Appears this veterans primary symptoms are those of a personality disorder.

This veterans anxiety did not begin or worsen during service.

Thanks,

Josephine

[free_spirit_etc]

Josephine,

I am not sure how much help I can be as this is as confusing as heck to me also..but I can tell you the things that stood out to me in reading your post.

1. I am not sure why they are switching the terms around. It could be that aquired psychiatric disorder would include ANY and ALL psychiatric disorders that may have been aquired. Chronic anxiety and depression would be ONE TYPE of an aquired psychiatric disorder. So it would not be something different -- as much as the depression and anxiety would be limiting the field of what type of aquired psychiatric disorder you have.

So it could be that they are saying:

1. We looked at aquired psychiatric disorders you may have

2. We decided the aquired psychiatric disorder you have is anxiety / depression

3. We decided that this did not begin in the service.

It is really odd that they have a C&P that says you have anxiety - and that it more likely than not began in the service -- yet they sent it for a second opinion to someone who never saw you.

If your treating physician has never diagnosed you with a pesonality disorder - I would question the validity of such a diagnosis from someone who has never seen you or treated you. Personality disorders are not that easy to diagnose.

It seems that the Board psychiatrists are saying that - Yes, you do have anxiety - but that is didn't begin in the service -- and that your PRIMARY symptoms are from the personality disorder.

So that is something that you will want to watch - because even if you DO get the SC for anxiety --they can come back and rate it at a small percentage --and make you 10% SC -- and say that the majority of your symptoms are actualy not service connected.

So you will probably have to address the Personality Disorder as much as you address the anxiety.

Depending on what you want to do - two directions to go are:

1. Fight the fact that you were given a diagnosis of personality disorder by a reviewer - though your treating physician never diagnosed you with one.

or

2. If you choose to, or are forced to, accept the diagnosis of personality disorder -- which is NOT considered an AQUIRED disorder - then promote the in-service aggravation to the hilt.

You are supposed to be presumed sound when you enter the service. They are supposed to have to actually PROVE that your personality disorder pre-existed the service. (And it would be hard for them to say that your persoanlity disorder came AFTER the service because of the in-service documentation of emotional immaturity, instability, etc.

Also - you might want to read up on the Presumption of Aggravation - which would afford you the right that it would be PRESUMED that the in-service events AGGAVATED your so called pre-existing personality disorder unless the VA can PROVE that your personality disorder was aggravated by other facotrs - or only worsened in the service due to natural progression of the disease that would have occured anyway.

The burden of proof for both presumption of soundness and presumption of aggravation is higher than "more likely than not" and is up to the VA to Prove.

(Sorry - I don't have time to look up all the laws on it right now -- so you might want to check them out to make sure I am right on this...)

So I don't think the VA can get away with just saying it that your problem is not anxiety - it is a personality disorder -- without acknowledging the first symptoms seemed to appear in service - and that the occurances in service aggravated it.

So if they want to keep pushing the personality disorder issue -- it might actually be easier to turn that around into a favorable decision than it will be to fight it.

But for the VA to merely say that a personality disorder is causing most of your symptoms - without addressing the presumption of aggravation -- when you SMRs clearly indicate that you had symptoms in service --is something to appeal.

Also _ I remember you posting a while back about lies in one of your reports --where they were saying you had thrown things, etc.. Where did they get that info?

One thing you have to be careful of is the rights that are NOT afforded to people diagnosed with psychiatric disorders. Sometimes their psychiatrist will not even share the diagnosis with them -- to "protect" them from being upset.

Also - you are not always given ALL your psych records -- or even informed that you aren't given them -- because they might "upset" you --and worsen your condition.

And I even remember reading that the VA can actually give people claiming psych disabilities EDITED SOC's that don't SHOW all the information --Once again, in the name of protecting the claimant from receving information that might "upset" them.

So people claiming psych disorders are at a real disadvantage. They can drive you crazy by not being straight with you while pretending to protect you from your own disorder.

Also - their acknowlegement that some of the service records submitted by you were new and material should help an argument for an earlier effective date. Because they made the initial decision without a complete record. Some of the SMRs were missing.

Much luck,

Free

Hi,

I am sorry to be like a worn out 78 record, but I still do not understand this Statement of the Case. I will type it and see if I am just dense.

October 7, 2004

You have filed a Notice of Disagreement with out action. This is the first step in appealing to the Board of Veterans' Appeals (BVA). This letter and enclosures contain very important information concerning your appeal.

STATEMENT OF THE CASE:

We have enclosed a Statement of the Case, a summary of the law and evidence concerning your claim. This summary will help you to make the best argument to the BVA on why you think our decision should be changed.

WHAT YOU NEED TO DO:

To complete your appeal, you must file a formal appeal. We have enclosed a VA Form 9, Appeal to the Board of Veterans' Appeals, which you may use to complete your appeal. We will gladly explain the form if you have any questions. You apeal should address:

the benefit you want

the facts in the Statement of the Case with which you disagree and

the errors that you believe we made in applying the law

ISSUE

Service connection for chronic anxiety with depression

EVIDENCE

Service medical records from March 5, 1963 throgh May 11, 1964

You were sent letter on June 11, 2003 and July 24, 2003 about the duty to assist provisions of the VCAA of 2000

Treatment records from Internal Medicaine August 1979 thugh February 2004

Report dated April 5, 2004 from Dr. M. P

Additional service records submitted by you in April 2004

Review of claims file, including all treatment records received

ADJUDICATIVE ACTIONS:

Military Service 03-15-1963 to 05-20-1964 Honorable

12-31-2002 - Claim Received

02-27-2004 - Claim considered on all evidence of record

03-23-2004 - You were notified of decision

( This decision was no service connection, but a non - service pension 100% for anxiety with depression, unemployable since 1983 denied due to excessive income.)

10-07-2004

The Decision Review Officer ( DRO) has completed a preliminary review of your file and has determined that, based on the evidence of record, your claim cannot be granted.

THIS IS NOT THE DRO'S FINAL DECISION. We are sending you this Statement of the Case so that you can better understand your appeal.

An Examination is being scheduled at the VA Medical Center. The VA Medical Center will notify you about the date and the time to report for the examination.

DECISION:

Service connection for chronic anxiety with depression is denied

REASONS AND BASES

The additional medical records submitted from The National Personnel Records Center and the report from Dr. M. P. dated April 2004 are considered to be "New and Material" and your claim for service connection for an" Acquired Psychiatric Disorder is reopened.

You were seen for a psychiatric consultation in March, 1964. You complained about being unhappy with the Navy since boot camp. Assessment was emotional immaturity, dependency, and instability which precluded further military service. Your post service treatment records show that you were diagnosed with anxiety in 1979. Dr. P reported that he reviewed your March 1964 consultation and expressed an opinion that your current anxiety and depression began during your military service.

( I did fill out the form 9 and turned it in and had it date stamped. My NOD is to the affect.)

I did not have a C&P for Anxiety with Depression

My post service treatment records 1965 through 1979 were not listed as evidence or considered

I want 100% service connection and not just the pension for anxiety with depression.

What do I think they did correctly? Not one thing

I am at the AMC remanded by the BVA.

What happened to the Anxiety and depression for which I was denied?

Everything is " an acquired psychiatric disorder"

My service officer stated this morning that the AMC may give me a C&P for anxiety and depression, for which I am filing. I filed in 1978 for nervousness. I did not file in 1992 as listed in the remand. I filed in 2002 and was denied, but given the pension.

My remand states that I have had two C&P examinations but neither was for " Anxiety with Depression. They were both for " an acquired psychiatric disorder".

If you have not followed my post. I did have my first C&P October 2004 - Anxiety not otherwise specified with depression. " More likely than not this veterans anxiety with depression began in service."

Five months later - April 2005. Board of two Psychiatrist - Axis l - Anxiety not other wise specified- Axis ll - Borderline personality disorder

GAF 40.

You were discharged by reasons of " Unsuitability and things that you considered indicative of abuse"

Appears this veterans primary symptoms are those of a personality disorder.

This veterans anxiety did not begin or worsen during service.

Thanks,

Josephine

[mobie16r]

Hello,Josephine

This is what i thank that happen according to what you typed .The va Denied your claim in March 2004 on what evidence they already had but, they received new evidence in April 2004 from the National Personnel Records and that evidence was enough for your claim to be reopened.Now that i said that i don,t thank the va had any evidence before that you had been treated for an anxiety during your Military service now, that they have, they will consider all of your private psy record.You cannot get a service connection pension because you are already making more than va allows.Compensation is better than getting pension,more money and no tax taken out.Va probably will give you a C&P because of new evidence.Hang in there and good things will happen.

mobie

[Josephine]

Thanks to all of you.

I have read that Statement of the Case until I feel blinded.

I don't know if I am so dumb that I cannot understand .

How did the DRO re-open a claim for " an acquired psychiatric disorder", when there was never one opened or closed.

I would have thought that if he denied me for a claim of " anxiety with depression" and then used the " New and Material" evidence that he would have had to re-open the claim of anxiety with depression.

And when I get to my form 9 which was sent to the BVA for denial of anxiety with depression. I am stating to them that I didn't receive a C&P examination.

In my mind, I didn't.

I filed the first time in 1978 and never received anymore than a letter no service connection.

Why did the VA grant me a non-service pension 100% disability for anxiety with depression and unemployable since 1983. They know everything. There is not one chance in this world that I would ever benefit from it. Denied due to excessive and it always will be.

If they have already stated that I am 100% Total Disabled and Unemployable since 1983, due to anxiety with depression and the pieces of the puzzle fit together.

If I won this thing how could the VA determine me to be less disabled?

Free,

When you mention that last C&P, God only knows where that information came from. I only pray that those slurs will have to be backed up with medical facts.

I know that now my doctor may be a Board Certified Internist and not a Psychiarist, but goodness, he has been my doctor now for almost 30 years. We were practically kids when he became my doctor. He would know if I had scars somewhere from self inflicted injuries.

I will never forgive her about the baby. I took hormone shots every week for 4 months to save my baby boy. He woud be 39 years old now and for her to state that I claimed to have only two children, according to her is just plain cruel.

I need to get off that subject.

I am so sensitive to that C&P.

Thanks to all,

Josephine

[free_spirit_etc]

Yes. And this might actually stand in your favor. Because it they now actually do consider all the evidence and grant the claim -- then you should have a strong case for an earlier effective date -back to 1978 because the initial decision was made on an incomplete record. The fact that they didn't consider all of your SMRS as they didn't have them) would be the strength of the case --- they an't blow those off like they can private records --and they have basically ADMITTED that they did NOT have all your SMR's.

I think ALL claims after your initial claim are considered "re-opened" claims by the VA --even for a new condition.

As they keep switching up the terms and language - you might want to see if you can avoid falling down the rabbit hole by just broadening it out.

1. I HAVE a psychiatric disorder --no matter which diagnosis you put on it --that is currently disabling (and they have already said that it is 100% on the pension they "awarded" you that you are not eligible for.

2. Whatever that psychiatric disorder is FIRST appeared while I was in the service. (No matter WHAT you call it -- it FIRST appeared in the service)

3. Therefore WHATEVER the doctors decide to call it --it is service connected - as it either BEGAN in SERVICE or was AGGRAVATED by my service.

(it would be nice if you could add -- so STOP screwing around and calling it this, that and the other -and just admit that WHATEVER you want to call it - I HAVE it - and the evidence shows it STARTED in the service).

P.S. I wouldn't add that unless I reworded it nicer.

But yeah...they can spin your claim around for YEARS just changing what they call what you have - instead of noticing that whatever they call it - There it is in the SMR's plain as day causing you psychological problems.

Free

Hello,Josephine

This is what i thank that happen according to what you typed .The va Denied your claim in March 2004 on what evidence they already had but, they received new evidence in April 2004 from the National Personnel Records and that evidence was enough for your claim to be reopened.Now that i said that i don,t thank the va had any evidence before that you had been treated for an anxiety during your Military service now, that they have, they will consider all of your private psy record.You cannot get a service connection pension because you are already making more than va allows.Compensation is better than getting pension,more money and no tax taken out.Va probably will give you a C&P because of new evidence.Hang in there and good things will happen.

mobie