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" Appears "in For C&p For Berta

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Josephine

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  • HadIt.com Elder

Berta, I have read the guidelines for IMO , what about C&P in your many books. I don't think that my question is asking about nexus. Don't think, just a regulation.

Where does the word " APPEARS" come in to play with the conclusion of a C&P?

From the BVA remand:

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.

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 January 2006, Dr. P.

disputed the April 2005 opinion as to the veteran's having a

personality disorder.

As you know the BVA remanded the file back to the two psychiatrist. Here is the list of their 3 findings. The word " Appears".

1. 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

2. October 2006 - Does not alter our initial conclusion

3. October 2007 - The c-file, including personnel records, Dr. Pxxxxx's letters of 4/5/04, 1/23/06, 4/28/06, and 10/9/07, and Dr. B. Cxxxxx letter of 5/10/2005, was made available to the examiners and was reviewed.

The current request involves consideration of letters by Dr. B. Cxxxxxx and Dr. Pxxxx and " to reconcile their opinion as to etiology".

In our professional opinion, the propenderance of the evidence, including the letters by Dr. Cxxxxx and Pxxxx, supports the initial findings and diagnosis of the examiners and suggest that the etiology of her anxiety appears to have preceded her time in service.

I would appreciate the rule for the word " appears" and there is absolutely no evidence to precede service. Absolutely none!

Thanks bunches!

Josephine

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These are the blank C & Ps Josephine- I think you need to click on the one for Mental Disorders other than PTSD:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Wow!! that's exactly what I have been looking for too. Thanks Berta.

I have compared my favorable C&P exam to this outline and it was done according to this guideline. Therefore, the AMC requested negative second opinion that was done by the C&P director, was prolly a violation of Mariano V Principi Vet. App 305, 312 because they had a C&P that already followed VA guidelines.

Paul

When I count my blessings I count my family and friends twice.

If you don't know where you are going, any road will get you there.

Well done is better than well said.

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  • HadIt.com Elder

One of the big things is to have your IMO say he has reviewed your SMR's and all your medical records. You should have a copy of your SMR's so your IMO can at least have the oppotunity to review them.

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  • HadIt.com Elder
Wow!! that's exactly what I have been looking for too. Thanks Berta.

I have compared my favorable C&P exam to this outline and it was done according to this guideline. Therefore, the AMC requested negative second opinion that was done by the C&P director, was prolly a violation of Mariano V Principi Vet. App 305, 312 because they had a C&P that already followed VA guidelines.

Paul

Paul,

Strange how the same thing happened to both of us. Positive for a Negative.

Have a good one!

Betty

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