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Claims File At Bva Judge

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Josephine

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  • HadIt.com Elder

Long time but finally getting to the end. Hoping to not have to go into the courts. If denied, I will be there.

Always Appreciate and wanted to share with you the IME. I only ask of him to state the Truth nothing else.

The claims file has gone to the BVA Judge and Dr. Crowley faxed the BVA his Independent Medical Evaluation, yesterday. 


So many of you have followed me for so long in this claim, I wanted to share his evaluation with you.


I had to type it for I can only print the IME. I cannot take it off my computer or move it. Comments always welcome!!

Thanks so much and always Appreciate,

Josephine

(Betty)

Introduction: On January 11, 2008, I saw Betty xxxx in my office for independent medical (psychiatric) examination. She was accompanied by her husband of 42 years. XXXXX. He met her in U.S. Navy Corps School in 1963 at Great Lakes Illinois. He described her as then having been a very attractive, youthful female, who took part in on-base activities, but her hands perspired a lot and she was fearful of the swimming pool.

Review of Medical and Personnel Records:

I have reviewed the following service medical records and personnel records for this veteran, for the period when she was en-listed Navy Corps Wave during the period of Mar. 15, 1963- May 1964.

Psychiatric Consultation by Dr. F. D. Jxxxx 12 March 1964, Dr. G MCMxxxxx 27 March 1964, and a letter by Dr. B. C Campxxx, the veterans military treating physician clarifying his shorthand of his treatment for anxiety with Librium and Cafergfot for headaches.

The treatment records of Dr. George Smxx and Dr. Clarence Tayxxx, his partner.

Although stated in the SSOC of December 7, 2007, to be illegible. Dr. Georxxx Smxx. has written a letter of clarification of treatment of this veteran.

The treatment records of Dr. Milxxx Kxx, 1975-1976 also stated as illegible, I have read 4 letters by Dr. Michael Pxxx 4/5/04, 1/3/06/4/28/06, and 10/09/07 and reviewed the treatment records of Dr. Michael Payxx August 1979 - 2007.

Medical History:

Mrs. XX is a 63 year old female whose medical conditions are: TIA, Rheumatic heart disease, Hypertension, Diabetes, Anxiety, Depression, Headaches, Hypothyroidism, and inner ear/Vestibular disease and de-generative disc disease, Orthostatic hypotension.

Psychiatric History:

This veteran has a very long history of anxiety with depression, with treatment beginning in service by Dr. B.C Cxxxx with medication of Librium; treatment 1965-1979 with Dr. G. Smixx and Dr. Clarence Tayxxx; Radford Psychiatrist, Dr. Miltxxx Kibxxx, 1975-1976 to 2007 with Dr. Michael Payxxx and she remains in treatment with Dr. Michxxx Payxxx.

Mental Status Examination:

Mrs. xxxx presented in my office as a pleasant, cooperative white female, appearing about her stated age of 63. She was in good contact with the examiner, understood the purpose of this examination - independent evaluation, regarding veterans benefits - and gave permission for me to write this report. She was well oriented for time, place and person. There was no abnormality of thought process or content. She spoke of having had much difficulty with anxiety and depression over many years.

She reports she had no psychiatric difficulties whatsoever prior to military service. Her file contains records related to her Honorable Discharge due to unsuitability regarding emotional difficulties.

She spoke of chronic anxiety with depression over the years. She became emotionally labile and tearful as she described some of her experiences in the service and feeling like a disgrace upon leaving the military. She has panic attacks, fear of driving a vehicle, fear of the unknown, fear of heights and water, white -coat syndrome, headaches, dreams of the stairs leading to the pool. She has night terrors and is desperately trying to get her husband to wake her up. She sleeps about 6 hours a day, but states this does not harm her much;her hands stays visibly wet and becomes wetter as she talks about her service time. There were some memorable upsetting experiences in her Navy service including a near drowning, etc. She has never bee able to have any gainful employment for any substantial time since the military and had to give up and seek veterans compensation in 1978. She last worked part time in 1983.

The veteran was given tranquilizer Librium by Dr B. C. Campxxx for the treatment of anxiety as documented in her SMR'S and it is also clarified in his letter of May 10, 2005, and has continued with symptomatic treatment for anxiety for the last 44 years with the physicians listed above.

After the brief evaluations by Drs. MC Mahxxx and Jones in March 1964, the veteran was deemed unsuitable for continuing military service due to a Personality Disorder, and was discharged without medical or other benefits.

Summary of Professional Opinion:

My review of the records show no documentation which would support the diagnosis of Personality Disorder. There simply are no data which would support that diagnosis under the criteria provided in the Diagnostic and Stastical Manual of the American Psychiatric Association. No psychological or personality testing was done. There was never any showing of an " enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture... is inflexible and pervasive across a broad range of personal and social situations... is stable and of long duration... (and) is not better accounted for as a manifestation or consequence of another mental disorder." DSM IV TR, pages 287 - 288.

The " other mental disorder" which she clearly DID and DOES have, and for which she has been treated for 43 years, is Anxiety Disorder.

The veteran had no childhood psychiatric, difficulties or treatment, Her anxiety disorder began during her time in service. She has been treated for anxiety disorder for 43 years by a number of physicians.

Diagnosis: 300.00 Anxiety Disorder, NOS,Chronic, Severe, with Depressive Features.

This chronic, and in this veterans' case, disabling, mental disorder first manifested itself while in service and has required treatment ever since. There is no evidence to support the diagnosis of personality disorder made in 1964 and used as a basis for her separation from service.

Sincerely.

B. Cxxxx M.D. D.L.F.P.A.

Edited by Josephine
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Congrats!

It looks like he knew their game, and called them on it. Both the game of giving nonsubstantiated diagnosis for early discharge, and the game they have been playing with your claim.

Free

Paul,

One thing about this doctor, he has the credentials to back up

everything he stated.

He was a sly fox, you would have thought that he had not read any of

my records when I arrived as he questioned me, but out of the blue,

he wanted me to describe how my pension worked, denied due to

excessive, but still awarded . The pension of 1983 was for 100% for

anxiety with depression.

He had that paper no where in site. He knew my file by heart when I

arrived. He just didn't want me to know it.

He was a wonderful and a very caring person. I could tell it is not

just all money for him.

He was very thoughtful and I would highly recommend him to anyone.

I sure am glad your decision and check is on its' way.

Be sure and let me know when it arrives. You sure had to wait long

enough, but with your foot in the, you can move it on up.

Take Care and Always Appreciate,

Betty

Think Outside the Box!
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Free,

I sure hope this mess is over with for me now. I have been telling

the VA that Dr. L Lxxxxx was making up stories as she went alone.

How they could believe her slander over. Dr. Muller, sitting right in

the VAMC and all the doctors I have seen all of my life.

If I have to go into the courts, I know that I will.

Thanks so much Free, you have spend so much time with researching my

claim.

Yes, he ask me how many months had passed from the positive C&P to

hers. Five months.

God bless and always grateful.

Betty

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Maybe your long ordeal will finally be over Josephine-

Someone made a good point here- as to the fact that this IMO will be right on top of the stack-

it will get their attention right away-

let's all hope that you can finally get some peace from all of this.

The IMO was very well written.

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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Berta,

I appreciate your opinion.

I wanted to post this IME, as so many including yourself, have

followed my claim for so long.

I only ask Dr. Crowley to state the truth. Stick to the facts of only

what we can prove some 40 years down the road.

He did this and I hope we won't be in court, but if we do,

I will be in good hands.

The Judge can decide now, " The most Current Credible Diagnosis".

Always appreciate so much,

Josephine

(Betty)

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Betty

That is the kind of leter you need. Now I think you have a hell of a lot more to work with than what these other quacks gave you. You can build on this evidence. If this works perhaps you can seek an EED, but let's just get the service connection first. If for some reason you don't win on this letter then get the same shrink to refer you to one of his buddies to write another report. The weight of evidence will get them eventually.

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John999,

I am hoping the Judge will see through this VA doc and her lies, but

in the event he doesn't.

Dr. Crowley has opened the door for other doctors to not fear

stating the truth.

I am sure he does have associates close to me in D. C who would

back him with another IME.

Thanks a bunch, John,

Always appreciate,

Betty

Betty

That is the kind of leter you need. Now I think you have a hell of a lot more to work with than what these other quacks gave you. You can build on this evidence. If this works perhaps you can seek an EED, but let's just get the service connection first. If for some reason you don't win on this letter then get the same shrink to refer you to one of his buddies to write another report. The weight of evidence will get them eventually.

John999,

I am hoping the Judge will see through this VA doc and her lies, but

in the event he doesn't.

Dr. Crowley has opened the door for other doctors to not fear

stating the truth.

I am sure he does have associates close to me in D. C who would

back him with another IME.

Thanks a bunch, John,

Always appreciate,

Betty

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