Got The Envelope

[mrsvet28]

[

attachment=2341:BVA_DOCKET_2_PG_2.jpg][att

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t=2347:BVA_DOCKET_2_PG_8.jpg]American_War_Statistics.pdf

My last post got messed up I was busy with my granddaughter- shes so cute its all about her!

This is the whole BVA and 1999 paper /need all your views as always , B) Thanks and Bless you all for your opinions

Edited January 11, 2009 by mrsvet28

[Berta]

I havent been able to read this all yet- but I see this is a remand to the AMC-

I advise to anyone getting an AMC remand -(and usually the BVA states you can send more evidence and make more argument) is not to wait for any letter or time frame on this-

As soon as BVA remanded me to the AMC I took the time to make a statement to the AMC and to again send in all of the evidence.

The AMC got this days before a VA examiner got the claim and said it had become part of the record.I dont know the outcome yet of the VA examiners opinion but I was sure that he had all of my medical evidence. If I had waited for more direction on this from the AMC- there might not have been time to even prepare this-they did the medical exam faster than I expected and I cannot tell what really is still in the C file.

The BVA in the remand mentioned my IMos but never mentioned considerable other evidence.The RO has never acknowledged my IMos or anything else at all.

I feel -just in case the mysterious force misplaces or removes stuff from the files they send to the BVA-it is good idea to send the AMC a statement and copies of everything they might not have.

Remands state what the VA still needs and if a vet can supply some of this without waiting for VA-it is good idea for the vet to get it-

If this remand involves a PTSD stressor- has your husband been able to prove the stressor himself rather than waiting fo VA to do that via JSRRC ?

[mrsvet28]

Berta ,

its alot to read for sure, but I appreciate you r time

In the attachments I downloaded with this reply , the SOC 05' the RO states at the end of paragraph 6 -- the evidence shows the PTSD diagnosis/ in absence of the verifiable stressor SC for PTSD still denied.

In the May 07 attachment- they say Please note your stressors have verified and scheduling a CP Exam./

in this attachment of 08' after our DRO hearing this says no diagnosis of PTSD, but they said in the )05' SOC he had it/ after the CP exam no,

then another IMO in 08' says yes,- but the BVA is scheduling another CP exam?? due to a conflict

between the IMO and the VA CP exam--

The attys I am meeting with tomorrow, have sent a letter to schedule the CP exam .

If you read in the BVA attachment it sounds like the RO was ready to put it through.

Meeting tomorrow I will suggest to them after I hear there plan ,

Do the IMO 's become void with each SSOC?? Is it not considered new- do they care us poor folk have to pay out of pocket for these ?

Waiting to hear from you

I havent been able to read this all yet- but I see this is a remand to the AMC-

I advise to anyone getting an AMC remand -(and usually the BVA states you can send more evidence and make more argument) is not to wait for any letter or time frame on this-

As soon as BVA remanded me to the AMC I took the time to make a statement to the AMC and to again send in all of the evidence.

The AMC got this days before a VA examiner got the claim and said it had become part of the record.I dont know the outcome yet of the VA examiners opinion but I was sure that he had all of my medical evidence. If I had waited for more direction on this from the AMC- there might not have been time to even prepare this-they did the medical exam faster than I expected and I cannot tell what really is still in the C file.

The BVA in the remand mentioned my IMos but never mentioned considerable other evidence.The RO has never acknowledged my IMos or anything else at all.

I feel -just in case the mysterious force misplaces or removes stuff from the files they send to the BVA-it is good idea to send the AMC a statement and copies of everything they might not have.

Remands state what the VA still needs and if a vet can supply some of this without waiting for VA-it is good idea for the vet to get it-

If this remand involves a PTSD stressor- has your husband been able to prove the stressor himself rather than waiting fo VA to do that via JSRRC ?

[mrsvet28]

I predict success stories will be reduced 50-75 the next fews years. Some may disagree and I hope I am wrong. Time will tell if I am right or not. This might be something worthwhile to keep up with on hadit.

Can you make sense out of the new attachments I posted for Berta ?

Do you think this is a reduced success story? I think I will write a screenplay!

[Ricky]

Although I have not seen all of your medical evidence let me take a stab.

I think that the vet hurt his case by not seeking out treatment for PTSD which resulted in the denial. He may have had a diagnosis in 05 but with little to no treatment the C&P doc was able to provide a different opinion. It appears that there was no continuity of syptoms (due to the lack of treatment) followed by different diagnosis. The board has denied for this reason - and we all know that these two things must be present in any VA claim 1-continuity of sysptoms and a current diagnosis.

If the medical opinons from the 05 or earlier date were not updated after the 07 diagnosis of mood disorder by the C&P doc then that coupled with the lack of treatment more than likely caused the denial.

I know, I know - we all talk about follow on treatment from time to time and there is no requirement for continued treatment only continued symptoms. A vet with a SC condition such as HTN can simply never go to the doc or take his meds. When it comes time for an updated C&P exam he sits on the table and the doc takes his BP - yep you guessed it its gonna be high. And even though he failed to make his doc appointments or take his meds he will be allowed to keep his SC for the HTN. Why - cause it is something the doc can physically see.

However, with purely subjective disabilities such as headaches, pain or mental issues the only way to indicate they exist and their continuance or worsening is through continued and constant treatment.

Although it should not be this way that is the way it is. So if you are attempting to SC or keep a mental issue SC'ed - doc visits, complaints of symptoms and strict adherence to your med regime is the only way to go.

Now with all of that said - like I said at the start - I have not seen your medical evidence and you may have done all that I said above. If you did then the VA did not see it that way.

[Pete53]

Mrs. Vet:

You asked me to look and I did. It appears that the VARO has accepted proof of stressor and that your husband needs a diagnosis of PTSD so unless I am missing something than you are close to a decision that should grant Service Connection for PTSD.

Is your husband working and does he get Social Security? I am sorry if you have already posted the answers I just read a lot of stuff on Hadit and want to make sure I am not confusing you and someone else.

So the only thing lacking is a diagnosis of PTSD which should not be that hard to get if he has it.

So take Clown Mans advice and get your hsuband some help which is a twofer 1 deal. You don't have to go to VA to get a diagnosis for PTSD either.

Good Luck

[Berta]

I see the same problems here that others here pointed out-

Consistent PTSD treatment records,(which would include Vet center info), and any current anxiety medication records

would help support the reason VA said the DSM criteria was not met for PTSD.

However there is a Mood disorder diagnosis-

mood disorders can be service connectd-such as:

http://www.va.gov/vetapp08/files1/0808859.txt

Is it possible that he did not claim mood disorder but has been treated for this instead of PTSD?

I would imagine many Vietnam vets have mood disorders as well as (or in addition to) PTSD.

I am not sure if this is the most recent PTSD criteria of the DSM-

http://www.cirp.org/library/psych/ptsd2/

However it does reflect what the VA looks for in this diagnosis.

This SSOC does say that the other medical opinions were reviewed.

But not why they were rejected.

It appears -as someone else said-they might not have been qualified to give a psychiatric opinion-

or their opinions did not cause VA to diagnose PTSD.

Hard to say-those opinions -unless you can somehow prove they supported this claim but VA failed to consider them properly-they would not help if they were submitted again.

At least the BVA ordered a new C & P- is it possible your husband has held back other stressors?

There is a topic here about stressors and what the VA defines a stressor as.

Still the C & P exam would have to reflect that he has PTSD that is symptomatic as found within the DSM guidelines and that it is at a ratable level.