Va Shrink Screwing Up My Claim

[labonte1000]

hi, I think the va shrink is trying to screw up my claim. I'm 10% for anxiety and, I recently got a copy of my medical recored, and she says that I always had this since childhood and that I was a fussy and fitful child. which is all totally wrong, I wrote her an email telling to change this because I never said that, I said when I was young, I was sometime a little on the she side, but never had anxeity when I was young, Do the VA shrink try to do this to screw up claims or what. This is BS! What can I do, My VA primary care told me to file for an increase, which I already did, but when they find this i'm going to lose the 10% i already had because of some dumb shrink. please help what can I do to get rid of this or change this.

[rentalguy1]

First off...don't freak out. They most likely cannot reduce you over one statement. That's especially true if the rating has been in place for over 5 years. Second... make an appointment with this dr and question where that remark came from. Let them know that that is not what you said, and it's a complete mischaracterization. I would not mention that it's going to screw up my claim, though. If the dr woll not change it, or make an addendum to the record, change doctors. You could even get an IMO if you're too worried about it. I would keep any appointments I had, but I wouldn't be going out of my way to make unneccassary appointments at this point. Good Luck!

[Josephine]

hi, I think the va shrink is trying to screw up my claim. I'm 10% for anxiety and, I recently got a copy of my medical recored, and she says that I always had this since childhood and that I was a fussy and fitful child. which is all totally wrong, I wrote her an email telling to change this because I never said that, I said when I was young, I was sometime a little on the she side, but never had anxeity when I was young, Do the VA shrink try to do this to screw up claims or what. This is BS! What can I do, My VA primary care told me to file for an increase, which I already did, but when they find this i'm going to lose the 10% i already had because of some dumb shrink. please help what can I do to get rid of this or change this.

Do you have any copies of medical treatment for anxiety with any doctor before service.

In this regard, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. 38 U.S.C.A. § 1111; 38 C.F.R. § 3.304(<_<.

To rebut the presumption of sound condition under 38 U.S.C.A. § 1111, VA must show by clear and unmistakable evidence both that the disease or injury existed prior to service and that the disease or injury was not aggravated by service. 38 C.F.R. § 3.304(B); VAOPGCPREC 3-03, 69 Fed. Reg. 25178 (2004); Wagner v. Principi, 370 F.3d 1089, 1093 (Fed. Cir. 2004).

The veteran is not required to show that the disease or injury increased in severity during service before VA's duty under the second prong of this rebuttal standard attaches. See Cotant v. Principi, 17 Vet. App. 116, 132 (2003).

If not, you should be fine.

Betty

Edited January 19, 2008 by Josephine

[labonte1000]

thanks, i already sent the va my medical records when i first opende the claim 1/1/2 years ago, I was never seen for any mental problems before the service and they should have that in my c-file

[Josephine]

thanks, i already sent the va my medical records when i first opende the claim 1/1/2 years ago, I was never seen for any mental problems before the service and they should have that in my c-file

You are certainly welcome! Just the old anxiety coming into play.

Relax, you will be fine.

Always,

Betty

[Pete53]

I would ask for another Doc as this one cannot be trusted. From following your claim and symptoms you are already low balled and deserve better.

[Jazona]

I hope this isn't some sort of new push from the VA. My Vet center guy tried to pull this crap on me just recently and I let him know, in no uncertain terms, that my childhood was not the cause of my PTSD. He reiterated it and I loudly and firmly denied it. I'll know later this month when I see my shrink if this is some sort of ploy by the VA.

They're not above the most lowly dirty tricks.

jaz