How To Handle This?

[lbrady]

The VA denied claim for depression/anxiety again, saying that I had submitted medical evidence in support of my claim, but that it was not material evidence. I noticed that they are still not giving me credit for much of my military service. I had sent in a chronological dates of service/medical history chart as well as the form showing cumulative duty and retirement points. This was not listed as used when considering my claim on letter by VA. I'd be interested in your suggestions on next moves. Is it in my best interest to send in all my dd 214s as new evidence? Or file nod? Also, the medical evidence was letter from phychologist determining that My 'personality disorder' was mst as based on her experience. Do I need to file for mst since it was submitted as new evidence for anxiety? TIA

[Ron II]

I can only address the DD 214 aspect of your claim. Didn't you submit ALL your DD 214s with your original claim? I have five DD 214s due to prior service and reenlistments. The DAV ensured that all were submitted with my original claim. If you haven't submitted them, you should.

Good luck!

[Wings]

The VA denied Claim for depression/anxiety (again), saying that I did not show material evidence. The medical evidence was a new letter from a psychologist determining that my 'personality disorder' was MST, based on her professional opinion. Do I need to file for MST since it was submitted as new evidence for anxiety?

*Under §3.156 New and material evidence [provides] ... A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108)

*In my opinion, you did provide evidence that is New but not Material to your original claim. HOWEVER, the new evidence you provided shows an IMPLIED claim for MST. This would be your date of claim. Do you feel confident about proving an MST claim or do you feel more confident about proving your original claim?

I noticed that they are still not giving me credit for much of my military service. I had sent in chronological dates of service/medical history chart as well as the form showing cumulative duty and retirement points. This was not listed or used when considering my claim.

TIA

*If I were you, I would think about filing a new claim for MST. Your original claim has already been denied twice and if you appeal now, it's going to go to the BVA. If you can prove an MST Claim, you can use all the same evidence you've already sent - to your advantage, to prove symptoms of MST. Othewise, you've got to get the psychologist to opine that YES you do have Anxiety and Depression related to military service . . . You have options. Just thinking out loud, others will follow. Keep fighting. ~Wings

Edited November 18, 2007 by Wings

[Hoppy]

lbrady,

I was diagnosed with a personality disorder and discharged. The diagnosis was based on superficial investigations and bogus. I was almost killed during an aggravated assault that occured while I was sleeping in a barracks. A psychological history was shown in my SMR of one and a half years of somatization, anxiety and problems sleeping in the barracks which caused me to move off base. No other sources of stress were claimed even though the doctors tried to get me to say that other things were causing the stress. I had no problem getting the diagnosis changed to PTSD 25 years after discharge (PTSD was not a diagnosis in 1970). The VA did not accept the diagnosis as being due to military service because there was no police report or record of any witnesses to the assault. In other words I could not prove the stressor.

Although the histories taken by military shrinks were superficial there was enough information for me to convince several VA shrinks that the record supported a diagnosis of chronic anxiety disorder at the time of discharge. The VA changed the diagnosis and service connected me. It really depends on the reports you have from the military and how the doctors write the current reports in suport of your claim.

If it were my claim I would seek a very specific opinion based on the DSM IV. Having a shrink say that the record supports a diagnosis of MST based on their experience may not be sufficient. I got a copy of my SMR and listed all the symptoms noted and cross referenced them to specific requirements of a diagnosis of anxiety disorder shown in the DSM IV. Then I got the VA shrink to write a report showing the exact relationship between the DSM IV and my SMR. In other words I did their work for them and had them agree or diagree with me.

I was 20 years old at the time of my discharge. I sought a rediagnosis 25 years later. Adjudication offered no support and their denials were written in such a way as not to tip me off as to how to fight them. They were just blowing smoke with vague comments that I did not prove my claim. Their denials could have been much more specific. One thing I knew for sure is that I had a reaction to almost being killed by some idiots in the barracks and that the personailty disoder was a bogus diagnosis. Fortunately, there was a significant amount of reports written by my CO, dispensory doctors and three psychiatrist in my SMR for me to use to win my claim. I was denied three times before I figured out what type of statements I need to get from the doctors. Most of my SO's were useless. I went through 3 SO's.

I was able to get all the reports I needed from VA shrinks and it did not cost me a penny. It can be done.

Edited November 26, 2007 by Hoppy

[Hoppy]

Do I need to file for mst since it was submitted as new evidence for anxiety?

lbrady,

You really need to get a good service officer to help you with this claim. Whether or not you have the diagnosis of mst may not be the issue. It could be more important to show that the mst is connected to PTSD or an anxiety disorder. You will have to get the personality disorder diagnosis changed to a service connectable diagnosis. Sometimes they will service connect if the symptoms noted in service are shown to be early symptoms of more severe symptoms that developed later. There are many psych conditions that develop differently over time. I have found some links between mst and PTSD. A shrink would need to develop such links and write a good report based on the DSM IV. I am not sure that mst is in and of itself a diagnosis listed in the DSM. It could just be a name used to describe events that occur in the military. If you need to research this, ley me know.

To establish PTSD due to events in the military a stressor needs to be developed. If you do not have police reports and or other types of evidence of traumatic events in the military then there are guidelines in the M-21 manual to show secondary evidence of a stressor. I think it is in chapter 3. Like I said in the beginning, a good service officer should know this stuff.

If the PTSD does not go through because of the lack of evidence of a stressor then the diagnosis of an anxiety disorder could work. I got the shrinks to give me a dual diagnosis of PTSD and anxiety disorder and the let the DRO try to figure it out.

[Speaking Out]

Do you have a copy of your C-file? If not, get one. Do you have documentation of the MST? If so, I'd say refile for PTSD due to MST. I don't know if you would be able to ask for an earlier effective date or not. Someone might address that on this post if they can. Hang in there and know that hadit is here for you and will help in any way. I am 50% PTSD due to MST. I started at 10% and went to 30% and now I am at 50%. If there is documentation of the MST you should have no trouble, but if not, the VA will fight you on it. I hope this helps, just remember we are here.