Medical Opinion Of Two Psychiatrist To Amc

[Josephine]

My husband has the letter in his hand and the guy at records did not read it correctly.

I am not sure, if I am on better standing ground, but it sounds better to me.

This is the way it reads:

Reviewed the C-file and Personnel Records, letter of Dr. B.Cxxxx and the 4 letters by Dr. Pxxx with the dates.

It is the honest opionion of these two professional examiners that the etiology is the preponderance of the evidence is suggestive and appears the veterans anxiety may have preceded service.

At least they have admitted that I had ANXIETY IN SERVICE. They have dropped the Personality Disorder also.

They are still using the word " Appears"

What do you think??

Betty

(Josephine)

Edited November 29, 2007 by Josephine

[cloudcroft]

Josephine,

If this opinion sticks as accepted fact from the VA's viewpoint, as it seems it will, then the only option you have is to claim said pre-existing "anxiety" was aggravated by military sevice. IIRC, getting IMOs to refute this hasn't worked out for you so you may just have to accept this "pre-existing" view.

At least the term "personality disorder" wasn't used, but you need to be sure they aren't still diagnosing you as having that.

Another poster here (Cherie33) has said that she got rated 10% for a personality disorder (PD) when she was discharged -- but I don't know HOW that came about as a PD is supposed to be non-compensable -- so maybe you should talk to her if you haven't already.

-- John D.

Edited November 27, 2007 by cloudcroft

[john999]

I agree with Cloud. Get your decision and then try and show aggravation in service of a pre-existing anxiety disorder. Don't do anything to slow down this decision because I think you are going to have to appeal this. It sounds like a denial based on pre-existing condition coming down the road. I believe you must get an IMO to say your condition was aggravated due to service.

[Pete53]

Betty:

I think that you are entering the home stretch. I am sure by now that the VA knows that you are not going to fold your tent and walk away.

Don't give up!

Pete

[cloudcroft]

So, to accept the "pre-existing" finding or to fight it, that's the first decision for her.

-- John D.

[Josephine]

So, to accept the "pre-existing" finding or to fight it, that's the first decision for her.

-- John D.

John D,

The day that one party shows me any medical record or even a hint that I ever had anxiety or nervouness before service, I will agree, yes I had it, and didn't recognize it, but until then, I shall fight them, for in 1964, I didn't know what in the world a darn nerve pill was.

I was just that darn naive. I didn't know what nervouness or anxiety was either.

John, I knew for sure I was going to die in that darn swimming pool and no one will ever get that fear out of my head or body.

I strangled on so much water and I went up and down and couldn't breathe. I thought to God that it would never stop, for they made me do it over and over and took Doris and I out of class to go to that pool.

I see that darn pool and those steps in my sleep. That is what the male psychaitrist knows.

I remember so well, one neurologist ask me if I drank much water and this was in 1997.

You will never guess what I said to him, and I wasn't even thinking how it sounded, " I haven't drank any water since being in the swimming pool in the navy.

If I went before a DRO or any other official and we speak of the pool, they would have to commit me.

I can't handle it.

Always,

Josephine

[rdawg]

It is the honest opionion of these two professional examiners that the etiology is the preponderance of the evidence is suggestive and appears the veterans anxiety may have preceded service.

Josephine,

I think this is very good news for your claim. These were the two quacks that gave you a negative opinion before.

This opinion is speculative. If the VA uses it you have grounds for CUE based on speculation. If they used the term "at least as likely as not" vs "suggestive and appears" and "may have" then I would worry about it. I think this new opinion makes these two professionals examiners opinions (current and past opinions) of very little probative value. Benefits cannot be granted on pure speculation (VA speak) therefore they also cannot be denied based on speculation (rdawg speak).

Hopefully the rater will see it that way and grant benefits based on the positive opinions and evidence of record.

I'm not going to ask you to not give up, only you can decide what is best for you. But at the very least just don't tell the VA that you've given up. Just take a break and don't give them the satisfaction of the win.

Rdawg