ptsd Denial For Mdd

[fogcloud]

Am I out-of-luck? I got my denial for MDD today. Reason for denial is because it is not secondary to my PTSD. Well, I jumped into my files of each and every letter I have ever sent to the VARO related to my claim. Sure enough, I DID CLAIM IT AS SECONDARY TO MY PTSD!!! This is totally my fault and I have no idea why I put MDD under my secondary infirmities. Is there any thing I can do now? Can I just tell them I messed up in my claim? Or do I need to file an NOD? Or do I ask for a sit-down with the DRO? The VA doctor at the C&P said he agreed with my MDD. Hope someone has a good answer.

Fog

[fogcloud]

Here are my attached pertinent claims records. I feel very naked and exposed to you all at this moment, but I know that all of you have my best interest in mind.

First and foremost, if one or more of you find anything that actually reveals my name, location, SSN or other stuff like that, please post to me and tell me what it is and then ask Admin to delete this post and I will make corrections. A couple of things:

1. If I never get another % Point from the VA I am still going to live the rest of my life knowing that the VA Examiner has vindicated me.

2. Has the Doctrine of Benefit of the Doubt Case Law been overturned?

3. Why am I lucid and have the energy and clarity for this? My highest GAF this year has been 41 and last week it was 30. I had to be committed to the Psych Hospital Ward for 5 days last week and this Doctor added the drug Abilify to my other drugs and I swear that my mood is at least a 4.

I will answer all questions to the best of my recollection and ability.

Fog

ClaimDecisionFirstPageHadit.pdf

EnlistPhysicalHadit.pdf

MDDDenialHadit.pdf

PTSDDenialHadit.pdf

[Josephine]

fogcloud

First, I do not see any name, SS# or any means of identification.

You are fine with your records, this is a start to being free.

There is nothing in your life to be ashamed of. We have all been there in one way or another.

You mentioned you had medical records never seen by the VA.

Is this correct?

Were you treated for any psychiatric condition in service? Is there a listing of any sedative, tranquilisher in those SMR's or any SMR's.

I may not be your best for giving advice, but I will do my best.

I don't even know what the Doctrine of Benefit of the Doubt Case Law is.

I am pleased to be able to state, I won service connection for Chronic Anxiety, March 8, 2008, 44 years after my discharge.

I made heads turn. The others can tell you if I over turned this law.

I don't know what you call what we, (me and the members of this board did), but I know the VA will never forget my name.

Always,

Betty

[fogcloud]

You mentioned you had medical records never seen by the VA.

Is this correct?

That is correct. My medical records from discharge to 1991 were not available - they have been destroyed. Also, my records from 3/07 thru today have not been seen - that includes in-patient hospitalization. I was discharged in 1973 and couldn't afford a doctor until 1975, where my depression was first diagnosed officially. Those are part of the records that have been destroyed.

Were you treated for any psychiatric condition in service? Is there a listing of any sedative, tranquilisher in those SMR's or any SMR's.

No, but I have not reviewed my C-file yet. I talked to the doctors about it during visits for other conditions at least 3 times. During my enlistment physical I checked yes for depression. The doctor asked me what doctor diagnosed me with depression. I said no one had diagnosed me with depression, but please believe me, I have it. He said "No you don't. Circle excessive worry." I did, but I am still curious about the big hand wriiten letters at the bottom of the 2nd page of my enlistment exam that say PSYCH. At least three other times I spoke with doctors while on active duty about depression, but is was always when I was seeing them for other reasons. I asked if there were any drugs for depression; I also asked on another ocassion if I could have shock therapy. Always the same company line: "You do not have depression. Suck it up. Your brothers are fighting a war and getting killed. You need to count your blessings." That is why I am so anxious to see my C-file. I will really be disappointed if doctor's notes do not include my conversations. That why it so meaningful to me that the VA Examiner (VA Dr PhD in Psychology, board certified and works for the VA at the VA MHC locally) determined that yes I did have MDD and PTSD upon enlistment. The VA examiner also stated that he was very curious as to why there was no followup.

I don't even know what the Doctrine of Benefit of the Doubt Case Law is.

Oops! I should have said Doctrine of Reasonable Doubt. Sorry.

[donews]

Ok, first, nothing at all to be worried or embarressed about.

I have had MDD for many many years.

There are days that I can be sitting their and just start crying, 62 years old and I just cry, no reason per se just happens. When people look at me funny I just tell them my 24 year old mistress is having an affair with someone older than me.

Ok back to your claim.

You said your records from 1991 and some other years were destroyed.

How do you come about that knowledge? Is it just that they can not locate them or has someone actually told you your records were destroyed?

If so how an why were they destroyed?

Sometimes, records are there to be found, but it takes major searching. According to my SMR's I server eight years including Two tours in Nam and never received any injuries, heck they do not even show me going to a doctor for anything at all at anytime in the whole eight years. Now how unlikely is that one? I know its not likely, because I did get treatment and I did have injuries. I am currently searching every possible place I can to find them. Someone posted a link or two for me sometime back with places to look for records, one of them was quite a lengthy list.

Yes, your C-File may actually obtain some records that you can use.

I know all of my civilian doctors typically records any additional things I ask about during visits. Going thru hand written records today from 1989 (doctors scribble is hard to read) and I found records of anxiety and vietnam flashbacks in teh records from 1989 and the medications they gave me for it. I was floored. I must have forgot about it, because I sure as hell was surprised when I saw that.

So lets hope those records include notes about your discussions with them.

I wish you luck with the records.

As soon as I find that link, I will get it to you so you might be able to locate more records.

[fogcloud]

Ok back to your claim.

You said your records from 1991 and some other years were destroyed.

How do you come about that knowledge? Is it just that they can not locate them or has someone actually told you your records were destroyed?

If so how an why were they destroyed?

I only had 3 doctors between 1974 to 1991. In my state, medrecs can be destroyed after 7 years (I think) - especially if you have not returned to the doctor's office in so many years. In all 3 cases, I called the place where I saw them last. One has died and they told me they always destroy medrecs and his have been destroyed if they met the state requirement. One quite his practice and moved to Hawaii in 1977. His old office confirmed to me that all of his previous patient records have been destroyed and that he had passed away. The last doctor is in his 80's and retired. I called his office and they said the same thing about destroying as state law allows them to. They also told me he was alive and well and still living here. I went over to his house because I thought he might have stored records at home. He remembered my dad, but barely remembered me. He verified that all of his medrecs have been destroyed.

Hey Donews! I cry to. I am almost 61. Thanks for your kind words and encouragement. I hope someone can help with the fact that the VA Examiner's diagnosis was accurate.

Fog

[fogcloud]

Anyone know what the phrase "Psych Rx" with a symbol of "o" with a line over the "o" preceding the word "Psych"? It is down on the bottom of the last page of my Enlistment Exam attached in a previous post.

I am going to the VARO tomorrow in hopes of reviewing my cfile (3 volumes, each 5 inches thick. I still don't know if I should request a DRO meeting or go straiht to BVA. Any thoughts?

Once again, thanks to all.

Fog+