Va Denied Roommate's Claim

[kent76]

I thought that the claim was pretty much iron-clad; however, the rater seemed to use the opinion of the c&p examiners who seemed bias in my opinion to pretty much deny the claim. One note to this matter is, my roommate is transgendered which seems to make all the difference in the world as to how this claim was decided.

My roommate had 3 medical conditions for which compensation was filed, first, acne vulgaris which was rated at 0% and is probably acceptable given the reasons state. Second, my roommate has an extensive treatment record for depression and was granted SSDI for having depression along with a personality disorder. And finally, stomach problems which has been occuring since 2001. We have a psychotherapist who gave my roommate a gaf score of 45 along with a diagnosis of major depressive disorder. My roommate has been treated at the VA hospital in Hampton, Va. for depression and stomach problems as well. Can someone please explain to me why the VA denied this claim as I will type what the letter states.

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

Your service medical records show you were diagnosed with or treated for signs and symptoms of depression and personality disorder while on active duty. A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Social Security Adminstration records show that you have personality disorder with depression. At the Department of Veteran Affairs examination on June 4, 2007 (Just a 10 min examination) you revealed you continue to have depressive moods. The examiner noted that you are in transition from male to female. After extensive interview the examiner determined that your depression is related to your gender confusion that pre-existed your active duty service. Service connection for depression is denied since this condition neither occurred in nor was caused by the service.

My roommate was hospitalized while on active duty for depression because of problems with a girlfriend and had suicidal ideation noted in the medical notes from his visit. I think that the VA is overlooking the depression and wants to pin it all on something that S(he) decided to pursue after the military. I have know my roommate for 6 years now and the gender issue is clouding the depressive issue which should warrant in my opinion a rating of 70% according to my research. We are filing a NOD of course.

Also, for the stomach problems they wrote.

Service connection may be granted to a disability which began in the military service or was caused by some event or experience in service. Service connectiion for stomach problems is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed. (We have a diagnosis from the VA as IBS in March, 2007, also GERD from roommates military treatment records.) Your service medical records show you were diagnosed with and treated for stomach problems that did not result in chronic residuals ( what! almost 6 years) A disability which began in service or was caused by some event in service (minocycline related) must be considered "chronic" before service connection can be granted. At the Department of Veterans examination of June 4, 2007 you revealed you continue to have epigastric pain.

The examiner did not find any evidence of stomach problems and did not render a diagnosis. (This was a joke, i watched the examiner just rub my roommates stomach and asked how it felt) Medical evidence of record fails to show that you have a current diagnosis of stomach problems that has been clinically related to your active duty. Service connection for stomach problems is denied.

I am about to file my own claim for my back but this is really disturbing to me! I am the payee representative for my roommate because SSA determined that she can't make financial decisions based on her disability.

It is a shame that they treat veterans this way and even the treatment at the VA hospital has been quite rude for my roommate. I met my roommate in 2001 while in the reserves. At the time, he had a girlfriend and only after he got out of the Navy did he reveal his desire to become a female; nonetheless, the depression issues were already there and he attempted suicide while on active duty(which is documented also). My roommate recently changed her name to a female name so I will not disrespect her anymore by using his/him/he, but my point is, depression is not being treated seriously enough by the VA!

Can someone please tell me what they think and the best way to approach this denial letter. Thank you! ken

[Pete53]

I just can't wrap myself on fraud if the person severed 4 years and was honorably discharged. I knew several men who went to boot camp who joined to stay out of jail. WHen I was drafted in 1968 I knew men who claimed they were communists, ad prison records, suicide attempts and the only ones not accepted were two guys wearing womans panties. They took one guy who was an ordained minister with a club foot.

I suspect that there are a fair amount of people who join the Military who swear to stuff that is not true. Where do you draw the line? Cause when she served four and was honorably discharged I feel that if she has an injury she deserves VA compensations as much as I do.

[tssnave]

I'm going to stay out of the fray in this one, but I do have a question for Kent76 or anyone else who can enlighten me on the matter of enlistment with prior Ritalin treatment that is suggested in this thread.

Kent76, you stated "I know personally 2 young men who joined the Marine Corps and Army after being on Ritalin most of their lives."

Is there some regulation that says you can't be or have been on Ritalin and join the service? I find that interesting since the last stats I read on Ritalin (and other ADHD drugs for kids) was that 10% of our boys today are on Riatalin or like drugs. I did some research on ADHD drugs when they wanted to put one of our grandchildren on it and thankfully the parents decided against it when the docs said a 6 year old had to get a "base line EKG" before going on Ritalin because it can affect a child's heart.

Just curious how the military is handling the Rialin issue when so many kids and teenagers are on one drug or another.

Thanks,

TS

[kent76]

I'm going to stay out of the fray in this one, but I do have a question for Kent76 or anyone else who can enlighten me on the matter of enlistment with prior Ritalin treatment that is suggested in this thread.

Kent76, you stated "I know personally 2 young men who joined the Marine Corps and Army after being on Ritalin most of their lives."

Is there some regulation that says you can't be or have been on Ritalin and join the service? I find that interesting since the last stats I read on Ritalin (and other ADHD drugs for kids) was that 10% of our boys today are on Riatalin or like drugs. I did some research on ADHD drugs when they wanted to put one of our grandchildren on it and thankfully the parents decided against it when the docs said a 6 year old had to get a "base line EKG" before going on Ritalin because it can affect a child's heart.

Just curious how the military is handling the Rialin issue when so many kids and teenagers are on one drug or another.

Thanks,

TS

I only know that both of these young men were special ed students, the marine as teen threatened to kill one of his teachers and had to be hospitalized for several weeks. He was on medications until 18 when he decided to join the corps. He always talked about wanting to kill Iraqs and when home on leave, he talked about joining Blackwater so he could go back to Iraq! The death of his friend was traumatic to him and he started drinking and had to eventually be hospitalized!

The other kid, let's just say this, he is going to Iraq next month and most of us agree that he will either kill someone or come back in a body bag! The recruiters for both of these guys were relentless in persuading them to enlist!

Sorry about the rant and I honestly am not sure what the military's policy for ritalin right now!

[kent76]

This case might help you :

http://www.va.gov/vetapp04/files2/0417844.txt

If a veteran can prove a pre-existing condition was "aggravated" by service they can succeed in a claim like this.

There is a lot to doing that though-and there is the fact that the vet did not have the past problems documented at induction or with the recruiter.Maybe this is not the best way to go-

Ken- these are complex issues-I know you are doing your best to help this veteran but I would-if I were you-try to seek a good vet rep to help your friend with these claims.

And by all means stay aboard here too-

the NOD has to be prepared and this is where you can raise argument on their decision.

Also -did the veteran get a legal VCAA letter telling her exactly what she needed to succeed in each claim?

Did the SSA also consider the GERD and IBS as part of her inability to work?

That might be the BEST avenue of approach here-

one more question- if this is a Gulf War veterans please look up the Persian Gulf War regs as to the IBS- etc.

Whether GW vet or not this case shows how VA rates IBS:

http://www.va.gov/vetapp07/files2/0717227.txt

Many vets have had GERD associated to SC ISB for additional SC ratings.

With some documentation in her SMRS- as to this condition and proof that it is current and at a ratable level-these are points you can make in the NOD.(I would send them highlighted copies of the SMRs too as to which ones show inservice stomach problems)and also send copies of anything whatsoever in the SSA findings that would help this claim as to the IBS and GERD.

Thanks again Berta and everyone for offering advise! I have now have someone helping us with our NOD! I know that some people will disagree with me for my stance; nonetheless, there are thousands of vets serving and dying for this country in Iraq and throughout the world who could have the same said about them as to the conditions and terms of enlistment! The government also made a pledge to take care of us after serving our country but we need look no further than these message boards to see that the system is not fair to many veterans. I will continue to support my roommate and any other veteran who honorable serve their country regardless of the terms and conditions that got them to the finish line. You can't wear out a pair of shoes and then refuse to pay for them!

[carlie]

In regards to the question I posted in this thread,

"Not to PO anyone regarding this thread, but my question is:

If this vet shows pre-existing conditions -- will that then open the door for VA

to fire back with fradulent enlistment ? ?

jmho,

carlie "

I posted this question --- to get an answer. Still haven't gotten any answer to the question.

carlie

[kent76]

Not to PO anyone regarding this thread, but my question is:

If this vet shows pre-existing conditions -- will that then open the door for VA

to fire back with fradulent enlistment ? ?

jmho,

carlie

My roommate was hospitalized for a week at Portsmouth Naval Hospital for depression because of issues at her command; however, the navy captain who treated her was instrumental in having her division officer reprimanded and her getting a transfer because of the officer's collaboration with the mother of her then girlfriend to keep them apart but giving her unauthorized punishments and restrictions. The doctor also gave her the chose of remaining in the service or accepting a discharge for depression. My roommate chose to stay in the military. Also, the mother of her girlfriend happened to be someone that I personally knew and once worked with so I knew how vindictive she was. She even bad mouthed me to this officer and he relayed those sentiments to my roommate and I then got involved! I personally called the officer and had a discussion with him which resulted in hanging up on me! This was flat-out harrassment of a junior subordinate thus leading to a reprimand once the facts were reported during her hospitalization. These were stressors I believe for depression in the military. My roommate was allowed to remain on active duty but was never the same afterward! There can be no fraudulent claims made since the military allowed her to continue with her military obligation with an obvious depressive state of mind!

There is no pre-existing conditions in her entrance records also remember that one must go through a physical before entering the service. Again, there are perhaps thousands of young men and women serving in the military with undiagnosed conditions before entering the service. You can't deny someone entry unless they are documented! My roommate checked herself into a clinic for help; however, because of the cost, she checked herself out without receiving a proper diagnosis. You can not prosecute someone if no crime is committed! Many kids join the military out not because they want to but because they don't know what else to do! Military recruiters often convince them that they made the right choice and pressure them to follow through with their initial reaction to enlist! With no diagnosis for depression from a medical doctor, the recruiter was within his right to do so although it may not have been very wise again in my opinion! The fact is, now that she has was found totally disabled by SSA and has serious stomach and depression problems, she can't support herself and her mental capacity is more like a child now! Her gaf score was recorded by our therapist and the VA as 45. I live with her so I know what she is going through! She is no criminal just someone who wants to live and feel good about herself doing it!