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Non - Service Connected Pension


Josephine

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  • HadIt.com Elder

Good Morning to all you wonderful folks,

I am down to the wire on this thing. I have to reel it in. The Rating

Supervisor wishes more medical records from my Board Certified Internist.

As you all know claim is re-opened to 1978 due to " Psychiatric Records and letter by Commanding Officer and Personnel Records never acquired by VA.

The BVA is calling these Service Department Records never acquired.

Two C&P within 5 months of each other.

C&P # 1 - Anxiety not otherwise specified with depression - More likely than not that this veterans anxiety began in service.

Unemployable since 1983 due to high levels of anxiety. Pension for 100% for anxiety with depression

C&P # 2 - This veteran has a pension for 100 % for anxiety with

depression, but denied due to excessive and umemployable since 1983 due to high levels of anxiety.

AXIS - 1 Anxiety not otherwise Specified

AXIS 11 - Personality Disorder not otherwise Specified with borderline,

dependent and historian traits.

GAF - 40

Appears this veterans primary symptoms are those of a Personality

disorder. Anxiety did not begin or worsen in service.

Regional Office - Denied. One may be treated for an illness in service,but this does not always qualify them for service connected benefits.

***A personality Disorder is congenial and not paid for by the VA.***

ENTITLEMENT TO NON SERVICE CONNECTED PENSION

You are unable to secure and follow a substantially gainful occupation due to disability.

You are 59 years old, have a level of education reported as high school and last worked in 1983.

The evidence shows you to be disabled due to the disabilities of chronic anxiety/depression, headaches, diabetes, hypothyroidism, vestibular conditon inner ear condition, degenerative disc disease of L-4 L-5-S1,chronic obstructive pulmonary disease, total hysterectomy and chronic sinusitis.

WE HAVE GRANTED ENTITLEMENT TO NONSERVCE CONNECTED PENSION BENEFITS BASED

ON THE ILLNESSES LISTED ABOVE ,WHICH IS EFFECTIVE JUNE 26, 2003 , THE DATE OF YOUR CLAIM.

Do I need Dr P to connect these illnesses as being service connected to chronic anxiety/depression and headaches for which I have filed?

Thanks,

Josephine

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Josephine- as long as you have established and proven the nexis or service etiology (cause) for your anxiety -these could possibly be service connected as secondary by medical evidence.

"Do I need Dr P to connect these illnesses as being service connected to chronic anxiety/depression and headaches for which I have filed??

He could follow the "Getting an Independent Medical Opinion" criteria here under the search.

Many secondary disabilities can stem from an initial service connected one.

As long as the initial claimed disability is proven as due to or beginning in service-the other disabilities it causes or aggravates can be service connected.

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  • HadIt.com Elder

Please and I know that everyone has explained this several times and I have to been to ever search on the site the word Nexus?

Dr. C. Treating military doctor placed into my records.

Vascular v Tension headaches. Has had headaches every since the German Measles in Corp School. Caferfot ineffective Librium t.i.d.

When Dr. Jones, in March 1964 placed into my Psychiatric Records.

Staff Employee in consultation today for symptoms of nervousnes, fatigue, irratability.

Dis-satisfied with working conditons and living in the barracks. Has not liked the military since boot camp. Feels the recruiters lied to her.

When Dr. MCMahon placed into my psychiatric records - staff employee was sent by Dr. Jones in March 1964 and is present again with same complaints. Symptoms of nervousness, headaches and the same. Recommends early discharge due to unsuitability.

Commanding Officer - staff employee unable to perform the most menial task. She feels that the recruiters lied to her. She feels that the psychiatrist would not listen to her or help her and vented her feeling off to anyone that would listen. She feels that foul mouth people have viated her values. Recommends discharge by Unsuitability.

Letter from Dr. C. to explain his shorthand. Dated May 12, 2005. Added tranquilisher for anxiety to the veterans headache medication.

Supportive of discharge.

Buddy Letter of witness of swimmimg pool and abuse by physicians.

C&P - listed below.

Treatment and meds for nervousness, anxiety, depression and headaches from 1965 to date.

Please what is Nexus?

Josephine

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  • HadIt.com Elder

Hope this helps a bit...cg

'Please what is Nexus?'

Nexus - connection or link associating two or more people or things

Steps to a well grounded VA disability benefit claim

1. Medical evidence of a current health problem.

2. Proof injury or disease occurred or aggravated during active military service.

3. Proof of nexus or L-I-N-K between #1 (Evidence) and #2 (Proof)

4. Essentially, the opinion of a doctor or other medical expert is needed to establish a medical link.(Nexus)

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  • HadIt.com Elder

When I filed my claim and got my records it was noted that I enetered without flat feet and left with flat feet. At my C&P the Doc asked if I had problems with my feet after I left the Military and I told him yes. He asked me specifically and I told him I had seen Docs a couple of times about pain and I also bought special shoes. He looked at my shoes and wrote up his C&P and I was rated 30%.

Part of your Nexus can include a short narrative of the problems that your conditrion had caused and how you had treated them.

Before I get jumped on I know that you need proof and the best way is a Doc's opinion that links it but it does not hurt to put it into something tangible that the Rater can see.

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Nexus -in your case- as I comprehend the remand-

The proof that the servicewoman-who you wrote to Preident Bush about-drowned.

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  • HadIt.com Elder

Pete, do you mind if I ask what type of special shoes? I too have flat feet and wear out shoes regularly, just havent been SC as of yet. Advice is welcome; thanks for all you do here at Hadit, you rock.cg

When I filed my claim and got my records it was noted that I enetered without flat feet and left with flat feet. At my C&P the Doc asked if I had problems with my feet after I left the Military and I told him yes. He asked me specifically and I told him I had seen Docs a couple of times about pain and I also bought special shoes. He looked at my shoes and wrote up his C&P and I was rated 30%.

Part of your Nexus can include a short narrative of the problems that your conditrion had caused and how you had treated them.

Before I get jumped on I know that you need proof and the best way is a Doc's opinion that links it but it does not hurt to put it into something tangible that the Rater can see.

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  • HadIt.com Elder

Josephine

Unless you have a doctor say that you are TDIU solely from a service connected condition or conditions the VA is going to play games with you. They may agree that you are SC for anxiety but that this is not the sole cause of you being TDIU. The VA has said you are 100% due to a list of disabilities. A doctor must say that you SC condition is enough to disable you by itself. You need a stong IMO to get this thing fixed or you may be going around and around until you are 90 years old.

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  • HadIt.com Elder

Nexus -in your case- as I comprehend the remand-


The proof that the servicewoman-who you wrote to Preident Bush about-drowned.

Berta,

Are we talking about " Doris" or me? I only wrote down what the psychiatrist wrote in my psychiatric records.

I do have a copy of the letter that I wrote to President Bush, and I did not only state that I almost drown in the Navy and about "Doris".

The last time that I saw " Doris", she was lying on the right side of the pool not breathing. I was ordered to leave and I never saw her again.

I do not know her last name and never did.

I really don't give a dern what that remand says.

I wrote to him about being jerked by the neck by a doctor in service until I wet my pants.

I also wrote to him about being cussed at all the time.

Why my buddy letter is not mentioned in that remand. That is anyone's guess.

Did Dr. Jones or Dr. McMahon write this down, heck no. It just sounded a heck of a lot better to write down that I was dissatisfied with working conditons and living in the barracks and that I had not like the Navy since Boot Camp.

Is it mentioned in the remand about being taken daily into this little room and being told what a disgrace that I would be if I left the service and that I would be giving up all of my G. I benefits.

This is enough said.

Josephine

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  • HadIt.com Elder

Unless you have a doctor say that you are TDIU solely from a service connected condition or conditions the VA is going to play games with you. They may agree that you are SC for anxiety but that this is not the sole cause of you being TDIU. The VA has said you are 100% due to a list of disabilities. A doctor must say that you SC condition is enough to disable you by itself. You need a stong IMO to get this thing fixed or you may be going around and around until you are 90 years old.

John 999,

If I am understanding you correctly, this is one issue that all 4 doctors agreed upon.

Total disabled 100% since 1983 due to chronic anxiety with depression and unable to work.

They did not mention any of the other conditions, only chronic anxiety with depression.

Thanks,

Josephine

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  • HadIt.com Elder

Pete, do you mind if I ask what type of special shoes? I too have flat feet and wear out shoes regularly, just havent been SC as of yet. Advice is welcome; thanks for all you do here at Hadit, you rock.cg

CG:

I have been buying shoes for diabetics since I was in my late 20's. Because I have no arch I cannot abide shoes that have arch supports but the shoes are light weight with thick soles and must be able to lace up tight. I also have a couple of pair of Florshein Loafers with very light weight for dress up occasions. I also like the croc loafers and recommend them.

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I am sorry Josephine -I see the Remand as everything-the prime and ultimate controlling statements from the VA-

that states what they want-and need to award your claim.

I feel you are not comprehending my points as to the nexus-

and I regret I cannot make myself any clearer.

If others read the remand again perhaps they see it all the way you do- I sure dont know everything-and I have a different take on the remand.

I am sorry I cant seem to make my point clear.

Jesophine as long as you have a proven nexus -meaning something inservice is proven as having caused you anxiety in service and continously after service, then the claim should be granted.

I just dont find the proven nexus and I think you stated here Vike didnt see it either.

We could both be wrong.

Others will offer opinions too.

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  • HadIt.com Elder

In my opinion this is where the

Josephine as long as you have a proven nexus -meaning something inservice is proven as having caused you anxiety in service and continuously after service, then the claim should be granted.

Berta,

I waited a few days to reply to your post. I believe that one can have more than one event in service to cause a disability as anxiety with depression.

I understand what you are saying about the remand. I understand this thing about " Doris", and perhaps this is the only stressor the VA wishes to recognize, just don't know.

I am only trying to state that there were a number of stressors that I experienced and perhaps the BVA did not need any clarification on those and did not ask for more information.

My first C&P was October 18, 2004 and the doctor was chosen by the VA as to time, place and date.

SUMMARY AND CONCLUSION

This veteran clearly has a very long history of anxiety with depression, and currently during this examination, warrants such a diagnosis due to the above mentioned symptoms. It appears the her diagnosis is not what is in question, according to the examination request.

The main question appears to be " does the veteran have a chronic acquired psychiatric disorder which began in service?" Based on the evidence to be discussed next, this examiners opinion is that it is at least as likely as not that the veterans anxiety and depression was caused by or a result of her military service.

The evidence reviewed was the veterans entire Claims File, though, in particular, there are records indicating that she was diagnosed with anxiety and prescribed Librium in 1967, whereas the examination request initially stated that her psychiatric treatment dated from 1979, according to the form.

In addition the veteran reports no medication treatment prior to that in 1965 when evaluated due to her pregnancy, which is plausible. Given the closeness of her treatment to her military service ( compared to 1979,) this makes it more likely than not that she had been having problems in 1964 as well.The veterans friend from the Navy who was with her also provided a letter describing how the veteran was anxious and was on medication for "nerves" while in the service. The veteran who wrote the letter, J P , also describes some of the abusive and stressful conditions they endured, which could certainly contribute to such anxiety states, In addition the veterans current fear of heights and water could also certainly be tied to such experience. In addition the veteran had two psychiatric referrals within a short time in March, 1964. given this fact it makes it more likely than not she had some kind of psychiatric difficulty while in the service, and she was judged to be unsuitable for service. The veteran also indicated no childhood psychiatric difficulties, again making the beginning of her troubles dating to service time more likely.

In my opinion this is where the " Mariano v Principi" come into play.

The VA accepted this first C&P and never once found fault with it nor dis-qualified it or sent it back for clarification.

5 Months later a New C&P was order with the

Axis 1 - Anxiety not otherwise Specified

AXis 11 - Personality disorder not other wise specified with dependent , borderline and historian traits.

As you know I wrote to Dr. Gunderson chairperson for the DSM and this is only a Personality Diagnosis with no Category. It is not recognized by the DSM IV.

The Regional Office - ruled Personality Disorder and one that does not exist according to the DSM - IV.

The VA at the time the second C&P was ordered had in their possession:

Medical Records of Anxiety with Depression and Headaches with treatment from 1965 to date

1. 15 years treatment and medication, doctor graduate of Harvard Medical School, diagnosed the Anxiety.

2. Treatment by Board Certified Psychiatrist

3. 28 years of treatment records from Dr. P.

4. Letter from Dr P, doctor of 28 years at that time

5. C&P by VAMC doctor of C&P acceptable and full rationale for this decision.

6. " New and Material Evidence of the Psychiatric Records, called Service Department Records.

7. No one ever mentioned a Personality Disorder except the last C&P. I do not have a P.D. on my DD- 214.

I just wanted to clairfy the first C&P.

Thanks,

Josephine

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Maybe I am reading the wrong remand.

It states:

"The private medical records on file do not reflect

that any formal psychiatric evaluation was conducted, or that

she was referred for evaluation and treatment by a

psychiatric specialist, other than possibly a Dr. Kibbe, whom

the veteran identifies as a psychiatrist. None of Dr.

Kibbe's records link the onset of psychiatric symptoms

present in the mid 1970s to military service, and in fact,

state that the veteran had no problems with her nerves in

service."

and

"In correspondence dated in April 2004 the veteran's private

internist, M.P. M.D., stated his opinion that the veteran's

anxiety/depression had their origin during her military

service. However, none of Dr. P.'s treatment records,

compiled over many years, reflect any references whatsoever

to military service, or events which the veteran asserts

occurred therein, which she claims led to the development of

her psychiatric disability. It would be helpful if Dr. P.

would provide the basis for his opinion linking the onset of

the veteran's psychiatric disability to service, and whether

he has any specialized training or expertise in the field of

psychiatric illness.

In contrast to Dr. P.'s opinion, and that of a VA

psychologist in an October 2004 report, a board of two VA

staff psychiatrists found that the veteran's symptoms were

primarily consistent with a personality disorder and that it

did not appear she developed a chronic psychiatric disability

while on active duty. It was noted there was no record of

ongoing anxiety or nervousness documented during active

service.

"The veteran subsequently submitted additional evidence in

support of her claim including correspondence dated in May

2005 from B.C.C., M.D., in essence, recalling his having

treated her in February 1964 and prescribing medication for

anxiety. In correspondence dated in Jan" and so forth.

This is from what you identified as your remand here quite some time ago.

The BVA did not seem to care about any incident except the incident at the pool.They wanted that incident "confirmed" as to the drowning.That incident-once confirmed by proof-is a valid reason to have service connected anxiety.

I saw that as the only nexus the VA would accept as proof of your anxiety claim if it could be confirmed.

I certainly want every vet to succeed on their claims. I raised this point long ago as to the nexus to you and the need for an Indepnednt Medical Opinion.

I could be wrong and I must be reading the wrong remand.

It is Citation Nr: 0610341

Decision Date: 04/10/06 Archive Date: 04/26/06

DOCKET NO. 04-43 974 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in Huntington,

West Virginia

THE ISSUE

Entitlement to service connection for an acquired psychiatric

disorder, to include anxiety and depression.

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And also this remand states:

"In contrast to Dr. P.'s opinion, and that of a VA

psychologist in an October 2004 report, a board of two VA

staff psychiatrists found that the veteran's symptoms were

primarily consistent with a personality disorder and that it

did not appear she developed a chronic psychiatric disability

while on active duty. It was noted there was no record of

ongoing anxiety or nervousness documented during active

service. "

The VA did not accept the VA C & P doctor's opinion. They weighed a Dr. P's opinion (an internist?) and the VA psychologist's favorable statements with two VA psychiatrist's statements that denied the claim.

If the opinions had all come from physicians with equal psychiatric expertise-the VA would have awarded under Benefit of Doubt-

2 equally for and two equally against = SC.

But Dr. P's expertise and medical rationale was lacking as well as the VA C & P doctor's as 2 psychiatrists out weighed their opinions.

This is why many of us here certainly advised that you get an IMO from an independent Psychiatrist that could knock down what the VA had accepted from their psychiatrists.

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  • HadIt.com Elder

The VA did not accept the VA C & P doctor's opinion. They weighed a Dr. P's opinion (an internist?) and the VA psychologist's favorable statements with two VA psychiatrist's statements that denied the claim.


If the opinions had all come from physicians with equal psychiatric expertise-the VA would have awarded under Benefit of Doubt-


2 equally for and two equally against = SC.

But Dr. P's expertise and medical rationale was lacking as well as the VA C & P doctor's as 2 psychiatrists out weighed their opinions.


This is why many of us here certainly advised that you get an IMO from an independent Psychiatrist that could knock down what the VA had accepted from their psychiatrists.

Berta,

If the BVA had accepted the word of the two Psychiatrist, they would not have sent it back to them to reconcile their difference.

I do not know why one doctor will not sign that C&P.

I may not have your expertise, but I do have enough sense to send the medical information and to show the BVA and the AMC how that last C&P was conducted, with slanderous lies and the changing of my medical records.

If one can read English and read Medical records in English, it isn't too difficult to decipher through the lies.

Just because those two quacks state into the record that I do not have treatment in service, does not make this a fact.

It is goes to show more lies added to more lies.

There is no such thing as a Personality Disorder not otherwise Specified.

It is not recognized by the DSM-IV. Just because they placed this into my records doesn't make it conform to the codes.

I can only guess that this may be the reason that they state APPEARS!

Yes, Dr. Kibbe was a Board Certified Psychaitrist, and my insurance did not require a referral.

You mention benefit of the doubt, I would much prefer for the two quack psychiatrist to account for the reasons that they chose to lie on my C&P.

The VA can keep their benefits, but the two doctors that placed their slanderous lies about me, are not going un-noticed.

They are getting pleny of attention.

I shall trust that Pete is reading and will kindly remove my remand from this site.

We don't have an edit button anymore.

Josephine

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Josephine-you have posted your remand here yourself over the past,quoted from it many times, and also quoted from other copies of other VA documents-

All BVA case information is public and we use BVA cases here all the time as part of viable claims help.

Pete can edit what I posted but how does he edit what the BVA posts as public info?

I think-if that was in fact your remand- that you are misinterpreting what the BVA specifically stated.

As you said here recently you dont give a "dern" about it-

but I do- it is what is controlling your claim.

Whether Pete removes my post or not -anyone here can easily find your remand at the BVA and you have already confirmed in past posts that this was -in fact- your remand.

It is the prime statement from BVA that has to be addressed by evidence and the nexus in order to award your claim.

If you feel you received abuse from 2 VA psychiatrists that is what the OIG should hear about. You said you were going to file a complaint with the Inspector General quite some time ago about them.

That type of complaint has nothing to do with your claim. The Inspector General will handle that.

It would be highly inappropriate for me to come here every day to give the best advise I can on what I read in someone's posts but to fail to point out what weaknesses I see in their claim and what they have to overcome.

I know the service is difficult. I am a civilian but my two husbands and my daughter served a total of 15 years and covered all 4 branches of the service. They all had difficult times.

They experienced the Rigorous nature of service like everyone else here did.

The BVA did not care about your statements of abuse in service as they found no evidence of that.

They did care about the drowning. A possible cause for anxiety.

I gave you considerable suggestions long ago on that.

If a service person drowns in training it is big scuttlebutt. Surely someone in your squadron or unit would have remembered it and given you a buddy statement.

You say there were no witnesses but there were two witnesses- the women who pulled her from the pool.

The military always has a record of an inservice death. They have to have one.

Every service person-as I understand it- gets some sort of a Boot Camp book with the pictures and names of who they served with in Basic. It is highly likely that the drowned woman's name and picture was in that book as well as others who could have been reached for buddy statements.

I find I am typing suggestions I gave you long ago-and cant take any more time to repeat it all-

as others have said too- a strong IMO can certainly help your claim.

Pete can delete my posts but nothing changes the fact of what the BVA needs.

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  • HadIt.com Elder

Berta,

I will tell Pete to leave as is. You are absolutely correct. My remand is public knowledge and I am assuming that this is why it is a remand and not a denial from the BVA.

Maybe and if I am lucky, perhaps someone can tell me how I made it to the BVA on a Statement of the Case that specifically states. THIS IS NOT THE DRO'S FINAL DECISION.

With enclosed form-9 to complete and turn in within 60 days and this is long before any C&P or anything that is in the remand.

October 7, 2004.

Josephine

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  • HadIt.com Elder

Good Luck Josephine

Although your claim is complicated I have always felt that it's a winner. The strength is the medical opinions of your Doctors and the Officer you served under who trusted you enough to let you baby sit. I would never have alowed someone with a personality disorder near my kids.

Edited by Pete53
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  • HadIt.com Elder

Pete,

Thanks so much for your confidence in what I am doing. I can proudly say that I am the only person that Dr. C has ever written a letter for.

I received my letter today from the AMC Rating Supervisor. They just stated that they were working on my claim and needed medical information from Dr. P.

I called and spoke to Ms. Dunlap at the AMC and she said they wanted his present diagnosis of me and I would imagine the treatment records from 2005 to date.

I called his office and was told that he had received his letter and had already mailed the information back. I see him tomorrow for my usual appointment. Actually, he has been my doctor since I was 34 years of age and now I am 63 and you know, he knows me better than any of them.

It won't be long.

As Always,

Josephine

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