tinnitus Mental Evaluation

[tom91]

Another question regarding my recent claims and results -

My claims were for r/l knee, back, tinnitus/hearing loss. The listing of my various doctor's I provided to the VA also included the multiple psychiatrists that have treated me for bipolar. Today, I received an appt. notice for compensation/pension exam at the VA PACS (Psychiatry Ambulatory Care Svs) facility. At this point I had not included a claim to mental illness...?

My exams done in preparation for discharge did not include a mental evaluation. Anyone know if it was required? Could they perhaps have noted their failure to do so and recognize the error?

[william n]

Tom, the Va just wont award a claim(s) because u say u have this or that wrong....u must show some continuity of care/treatment for those claimed disabilities. Its just not that easy my friend. Thats why ur Service Med. Records are important, or at the very least treatment records, from a VA Hosp./ private doctors, showing some type of treatment for the disabilities your claiming, or will. Peace, William

Edited September 1, 2008 by william n

[john999]

I believe that any vetean with a combat award can get SC'ed for PTSD. The VA knows this as well. If you don't have the combat award then you have to prove you were subject to scud attacks or were shot at or were in other ways in fear of your life. This is a big catch 22. The VA must be thinking how can we defeat all the vets who have combat awards. Those that don't have these awards really get the devil if they cannot prove some life threatening event in service, or some ghastly duty like graves registration.

[Cheri0310]

Tom, you are absolutely correct. For gulf war vets, anxiety is a symptom of an undiagnosed illness and is presumptive service connection with no need of a nexus. This is one claim that my husband has right now. They may say that your anxiety is a symptom of your bipolar since you have been diagnosed with that disease. This would be your hurdle in getting your anxiety service connected.

[carlie]

For gulf war vets, anxiety is a symptom of an undiagnosed illness and is presumptive service connection with no need of a nexus.

I feel this statement above is way too broad - and I do not agree with it at all.

jmho,

carlie

[Berta]

I posted some detailed information as to Persian Gulf vets claims here about 3 weeks ago-also this BVA decision explains "undiagnosed illness" as well as proving ditrect service connection regarding Persian Gulf War veterans:

http://www.va.gov/vetapp08/files1/0805332.txt

The legal citations in above case should thoroughly explain "undiagnosed illness" and "qualifying chronic disability."

Under 38 USC 1117 the veteran who has a "qualifying chronic disability" must also p[rove th9is disability became manifest to a degree of at least 10% within the disabilities specific time frame-

38 CFR 3.317, 38 CFR 3.2 and also Extension of Presumptive Periods Nov 9,2001- with note that as of publ;ication of the VBM 2007 Edition (pages 169-177) the presumptive period end date was not set as the Persian Gulf War end date has not been determined.

Also NVLSP (VBM) feels that all OIF vets should have the same regulations as for Persian Gulf vets. regarding their claims too.

A PGW vet should raise claim under both direct SC-if possible- as well as cite any of the Persian Gulf War regs- so they have two ways to go for service connection.

[Cheri0310]

Here is a case that is cited often as a reference when fighting for gulf war presumptive service connection without a nexus.

http://www.warms.vba.va.gov/admin21/precop...rez_01_2105.doc

I have many more links to succesful gulf war cases if you're interested in them....