Hearing At Varo ?

[Rockhound]

The VA continues to denie my claim for a psychiatric disorder. Saying that the psychiatric disorder was alternatively diagnosed as a personality disorder. I have read and re-read my claims file and the original C&P exam report, that the VA says the C&P examiner changed the diagnosis.

I don't see it or read anything that would lead me to believe, that a change in diagnosis was stated in this report or anything other than the unsubstantiated statement to the change by the claims officer at the time.

How can I, If it is even possible, get a hearing with a claims officer, to get them to show me where the change in diagnosis occured and how it was supported by what the C&P eaminer stated in his report and/or findings?

Thanks, Rockhound

[Berta]

T"he events precipitating his hospitalization in June of 1973 are very puzzling. The patient did appear to be catatonic at the time of admission. However it is difficult on that basis to explain the firing of shots and the uproar which preceded his admission on the basis of catatonic schizophrenia."

Is this in your SMRs?and listed as diagnosis on your discharge physical?

"Besides the fact they don't even recognize the Acute Schizophrenic Episode as such, they changed the diagnosis and called it a personality disorder-" this has happened to other vets- see their claims at the BVA web site-

This vet won a CUE on his EED for schizohrenia:

http://www.va.gov/vetapp07/files1/0706480.txt

I bet he had quite a time getting the first good decision-

http://www.va.gov/vetapp07/files1/0706480.txt and

http://www.va.gov/vetapp07/files3/0721911.txt

might give you an idea of how these vets persevered until they succeeded.

I am beginning ti think- since schizophrenia is on your Discharges and in SMRS-if that becomes the actual proper diagnosis now-

then there might well be the CUE potential-

Did SSA in any way address the schizophrenia part of your disabilities?

Did you get any medical treatment at all for any schizophrenic problems after service?

This makes me rethink what I posted about TBI-

in any event you need a proper diagnosis.

I have friend who exhibited very bizarre behavior aboard ship (USN)and they threw him into the brig-they said he must have been drunk.

It took him 12 years -but he won mega bucks at the BVA-100% P & T and the retro-the BVA actually read his claim.

The brig thing was the first manifestation he had of a bonafide mental illness.

Edited January 4, 2008 by Berta

[Rockhound]

Berta: I was three months in a Navy hospital for an Acute Schizophrenic episode. For what ever reason, I had a psychotic break and when I didn't show up for duty, I lived of base, they sent one of my co-workers to see if I was alright, it was out of character for me not to show up for duty. when he arrived I started shoting a gun at him and others. I then lapsed into a catatonic state and remained that way for about 2 or 3 days, I came out of the catatonia when I passed out in the shower and busted my nose and got the concussion. I went through all that and they tell me I have a personality disorder.

No, as far as I know I have not gone that far off the deep end since then, but it has left its mark on me with ongoing boughts with depression, anxiety attacks lousy college grades, to many jobs to count, three failed marriages, no kids thank goodness. An now my depression is chronic and major, If I try to go off my meds, I can't keep enough crying towel dry for me to use. I just loose it and withdraw from everything and everyone.

I've only gotten help in the past a couple of times, and those records are also in the C-File but they say their is nothing new or material about them and denied my claim. It only been within the past five to ten years that I have been seeing the VA on a regular basis, but they only treat my symtoms and don't care what the cause is. I think the Drs here are afraid of loosing their jobs if the write an opinion that would help a vet get disability.

I'm getting all worked up, so maybe I should back away from the keyboard for awhile.

Rockhound

[Berta]

I dont get it-

the PD diagnosis-

then again-they have done this to other vets too-

Do you get SSA or SSI benefits?

If so what are they for?

Can you tell us the exact wording they used to deny servcice connection for schizophrenia?

and did you check to see exactly what evidence they used to come up with that denial?

You asked about Equitable relief- as I undersand it only the Secretary of the VA himself can grant equitable relief with his own discretion.

A veteran can raise this issue and the BVA can consider the merits of equitable relief but the court then has to review it.

This involves real legal beagle stuff-

For example Scott V Brown -in which the Secretary attempted to extend a NOD period for good cause but I dont know the outcome on that-

Nehmer however (NVLSP) raised this issue for a class action case involving retro payments to survivors of deceased veterans and succeeded in attaining equitable relief.

Nehmer survivors are not restricted to two years accrued retro- they receive ALL accrued due the deceased AO veteran.

Your focus needs to be on why the VA denied, and what evidence can you get to combat the denial.

I cannot comprehend how anyone hospitalized in service this long could get a current PD diagnosis for an acute schizophrenic episode in service?

[Rockhound]

Berta: let me see if I can make this clear, a bit slow or down today, bad storm just blew thru and dumpt a lot of snow.

Yes I get SSDI, that is Social Security Disability Insurance. I have a multitude of physical problems as well as a sever adjustment disorder with chronic major depression and anxiety. If I remember correctly, they approved my SSDI on the physical problems alone. I will have to check my award letter to see what it is, if i can remember what I did with it.

According to what I have read, all you have to do is right out a letter requesting the Equitable Relief, spelling out a statement regarding the applicable provision and a concise justification of the request, including a brief history of events, citation of the VA/Government error, Description of the loss, damage, or some other disadvantage was due to the reliance on an erroneous determination of eligibility or entitlement and a discussion of the recommended relief.

When the VA C&P Dr. wrote that his prefered diagnosis at the time was that of a personality disorder the VA claims officer took it to mean that he was offering a change in the diagnosis from the Acute schizophrenic episode to that of a PD, inadequate type, get this, associated with inadequate educational experience. "Even though I showed a high average intellectual quotient" from test I had at the Navy Hospital.

As far as the denial goes, they just say that the psychotic episode was alternatively diagnosed as a personality disorder and not a disability under the law.

The Dr doesn't even come close to saying his diagnosis is change in the original diagnosis only that on the basis of the history, it would be difficult to substantiate in his opinion a solid diagnosis of schizophrenia. How could he, The acute schizophrenic episode was in remission, only the other stuff remained, adjustment disorder, depression and anxiety that he didn't even bother to write about.

Sorry for not getting back on this sooner, it's been a day for sure.

Rockhound

[Berta]

" A hearing is a formal procedure that VA must provide at the request of the claimant or his/her representative. Its purpose is to allow the claimant to present testimony. A claimant or his/her representative can request a hearing at any time and on any issue.

A hearing can be conducted

by video conference, or

in person.

Reference: For more information on the purpose of a hearing, see 38 CFR 3.103©."

from:M21-1 May 2005:

http://64.233.169.104/custom?q=cache:pm60w...326217334650925

What stage is your claim at- and have you requested a DRO Review?

You raised good points- the VA doc must substantiate their findings with medical rationale and direct references to the clinical record.

[Rockhound]

Berta: Good morning I hope, not as much snow as I thought I would have by today, but until I dig out, my electric chair stays where it is at. Ever try to shovel snow from a dinning room chair. LoL You shovel at bit, then move the chair, shovel a bit, then move the chair.

My most recent claim, It is sitting in my computer as I try to recreate my files, since they went bye, bye when my computer went south on me. Would have bought a new one with a double processor and more ram memory, but I need the money for heating costs.

Thanks for the address, I'll look it over.

I'm looking for information now that deals with the use of corticosteroids at their highest recommended dose. I have to use it to keep my nasal passage clear, it is due in part that my broken nasal bone has caused a deviated septum and that I have to use oxygen at night for a nocturnal hypoxia problem. I get the oxygen by way of a nasal canola

Plan to start another thread on this subject, because of a service connected condition exacerbating a non service condition or something like that.

Cat is hungry, won't stop meowing, be back later

Rockhound