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

[Ron II]

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

In my opinion, your comment is the most important of this entire thread. There was collusion between the former servicemember and the recruiter for a fradulent enlistment. As a retired Sergeamt Major, I strongly believe that they both should be prosecuted, NOT compensated. Dishonesty is dishonesty, regardless of the number of years since it occurred.

I suspect this might be an unpopular comment for some, but I could not keep quiet on this one. If Tbird so wishes, I'll remove my membership.

[kent76]

In my opinion, your comment is the most important of this entire thread. There was collusion between the former servicemember and the recruiter for a fradulent enlistment. As a retired Sergeamt Major, I strongly believe that they both should be prosecuted, NOT compensated. Dishonesty is dishonesty, regardless of the number of years since it occurred.

I suspect this might be an unpopular comment for some, but I could not keep quiet on this one. If Tbird so wishes, I'll remove my membership.

I think that you are way out of line here! This veteran served 4 years honorably and there is no documented pre-existing depression in her service record thus you have no basic for such a claim of dishonesty! My roommate confided that there were problems; nonethelesss, without any documented or diagnosis of depression anywhere and the fact that she served and received an honorable discharge warrants the the disability! I wish that you would reserve your comments until you know all the facts! I will see to it that my roommate gets compensation because she deserves it. BTW, I am POed about this!

[Ron II]

...I wish that you would reserve your comments until you know all the facts! I will see to it that my roommate gets compensation because she deserves it. BTW, I am POed about this!

I admire your convictions, but you stated, "She became so depressed that she took a bottle of pills and cut her wrists. She was passed out for 3 days before she woke up. She admitted herself into the Ozark Clinic in Springdale before checking herself out after a couple of days. She then moved back to Missouri with her mother who instead of helping her, insisted that she find a job and help out financially. A couple of weeks later, she joined the Navy with the assistance of a recruiter who she confided her problems with. He basically got her into the Navy by not disclosing the suicide attempt."

Your friend had to sign the various enlistment documents certifying they were true and correct--they also state that there are penalties for untruthful statements. Evidently (and as you imply) the enlistment documents made no mention of her suicide attempt or she would not be allowed to enlist.

The fact she served honorably is immaterial since she entered under fraud. I processed a case 20 years ago where a soldier, who had served honorably for 12 years, was found to have entered the Army under an assumed identify since he had been discharged from USMC during boot camp for a transgression. The Court Martial board did not consider the 12 years of "good" service; the belief was that everything after the fraudulent enlistment was tainted.

Sorry to PO you, but your attempt to get her benefits based on a fraudulent enlistment is out of line as you say...

[chess]

It sounds like Manitou has the right idea. Since we have not seen the records, the fact YOU THINK it is fraud, is pretty incriminating. Frauds do not deserve VA benefits, they deserve jail time.

[kent76]

It sounds like Manitou has the right idea. Since we have not seen the records, the fact YOU THINK it is fraud, is pretty incriminating. Frauds do not deserve VA benefits, they deserve jail time.

Please explain to me how it can be fraud if you do not have a clinical diagnosis?

I stated that I do not believe that my roommate should have been admitted; however, that's my personal opinion! Nonetheless, she was admitted and she served 4 years and was discharged honorably! I know personally 2 young men who joined the Marine Corps and Army after being on Ritalin most of their lives. The military is recruiting and admitting thousands of servicemembers who should not be in. Again, this is my personal opinion! BTW, my roommate was admitted and hospitalized while on active duty with depression but the military ALLOWED her to stay so it can be argued that the military was aware of the illness and chose not to discharge her!

[kent76]

I admire your convictions, but you stated, "She became so depressed that she took a bottle of pills and cut her wrists. She was passed out for 3 days before she woke up. She admitted herself into the Ozark Clinic in Springdale before checking herself out after a couple of days. She then moved back to Missouri with her mother who instead of helping her, insisted that she find a job and help out financially. A couple of weeks later, she joined the Navy with the assistance of a recruiter who she confided her problems with. He basically got her into the Navy by not disclosing the suicide attempt."

Your friend had to sign the various enlistment documents certifying they were true and correct--they also state that there are penalties for untruthful statements. Evidently (and as you imply) the enlistment documents made no mention of her suicide attempt or she would not be allowed to enlist.

The fact she served honorably is immaterial since she entered under fraud. I processed a case 20 years ago where a soldier, who had served honorably for 12 years, was found to have entered the Army under an assumed identify since he had been discharged from USMC during boot camp for a transgression. The Court Martial board did not consider the 12 years of "good" service; the belief was that everything after the fraudulent enlistment was tainted.

Sorry to PO you, but your attempt to get her benefits based on a fraudulent enlistment is out of line as you say...

I have had time to cool off! I still disagree with you for the very fact that the VA denied her for NOT having a diagnosed condition on one of her claims! Please tell me how that's not contradicting in itself! Basically, the VA is saying, if you don't have a diagnosed condition, then there is nothing wrong with you. Almost every Government and private agency find reasons to deny veterans their benefits using bogus reasons such as "personality disorders" just to keep from paying claim.

Again, I defend my roommate's claim for benefits, as a 22 year veteran myself, I believe that the military should be held accountable since they failed to provide medication thus saying it was ok for her to continue serving her country!

You may think it's fraudulent but you need to address the recruiter and not the recruit because an 18 year old can easily be mislead by someone trying to meet a quota!