Need Advice On Disability Appeal!

[rosypalm]

Hi Vets,

Not too long ago I recieved my decision on a claim and was denied service connection for schizophrenia anxiety depression and I'm going to appeal. My pychiatrist who happens to also work for the Va is also writing a letter along with my NOD to say that I do have schizophrenia that was aggravated from the service because I made a suicide threat and it was in my medical record and also in my denial letter from the c-file. Also I have recently been awarded ssdi for schizophrenia will any of these things help the appeal? My pychiatrist is bringing up a new argument for the appeal and saying that due to the suicide threat which aggravated while in service. In the denial letter the va said "there was no evidence to suspect that I was mentally disabled and that i did state my humour was different" but now there is evidence and plenty that clearly shows I am mentally disabled along with my ssdi. How can I fight this!

[broncovet]

...Welcome to hadit! It sounds like you got your stuff together. Make sure you file a Notice of Disagreement, within one year of the decision. Probably a good idea for you to get the help of a Veterans service officer. In your NOD make sure you have:

1) an expression of disagreement or dissatisfaction (I recommend you note the date of the decision you are disputing) and

2) A desire to contest the result, its a good idea to state either: I want a DRO review or, I am electing to forego DRO Review and go straight to BVA.

Make a copy of your NOD and/or make sure your VSO has a copy, since the VARO tends to loose these.

Do a good job with your NOD..have your decision in hand, and specifically state which parts of the decision you dispute.. and why..get help if you need it. Use supporting evidence..

such as, "Dr. Johnson stated on a medical exam 11-13-08 the Veterans was diagnosed with schizophrenia and said the most likely cause was military service..."

Next, be prepared to wait 2 plus years for an appeal..get you a hobby or something else to keep from going nuts while you are waiting.

[Ricky]

are you claiming straight service connection or service connection due to aggravation?

[rosypalm]

Isn't it just service connection. Aggravation is something that gives you reason to file a claim for service connection I thought?

Thanks for the much needed advice. Somehow I have to link the report of a suicide threat to my mental condition presently. Oh brother and thats the hardest step and the VA KNOWS THIS !!!!! In my earlier post I asked how can I fight this now I'm asking how can I win this if at all?? So far its on record that I denied all feelings associated with symptoms of having a mental illness by a navy doc and I stated my humour was different and that the navy doc saw no evidence of a mental disability. Other than that I don't know what much else to write there was no diagnosis of any mental condition while I was in the service only that event with a report of a suicide threat.

[rosypalm]

How can I link the evidence outside of my service to the event that took place inside of the service? Can I say that the event that took place is aggravation due to the experience of having substandard care? There is record that I did ask for a rope . I just asked for a rope and someone reported me for a suicide threat on grounds that I was behaving abnormally. Why I'm saying there was substandard care is obviously presently I got awarded ssdi for a mental condition. The mental condition went off of the evidence outside of the service,but the experience that I got from this event that took place while in service tells me that it was aggravated due to substandard care which is they weren't thorough enough in their evaluation because if they were thorough enough in their evaluation they would have begun treatment of a mental condition. If there isn't any evidence to lead them in treatment of a mental condition as the record states then why follow up on a suicide watch which more than likely has to be done while in the barracks at lights out hours and logged in the duty book? Why not have the suicide watch at all? Isn't it saying I had the potential to harm oneself? Although Its preventative it still is evidence that I couldn't sleep alone that night because of harming oneself. If its not on record that I was on suicide watch which I was would that fall under incompetancy on their part the VA's for trying to say it never happened while the report of suicide happened the night before the navy docs evaluation of me for the report of the suicide threat? Does anyone know where I'm going at on this?

[Pete53]

How old were you when you showed symptoms of a mental condition in service. The fact that your VA Doc is backing you is powerful and to me suggests that your shrink sees your initial symptoms as when your mental problem began.

The problem you have is that your symptom shown by asking for a rope and having you placed on record as suicidal is going to have to take a Doc opinion that you have it and it started in service. Don't forget that any problems you had in service and after you got out will help.

Without a strong medical opinion I doubt that you have a chance.

However, you do have something you can use its just a little weak without your Doc's help.

[rosypalm]

Yes Pete isnt that great hehe. I think I was like 20 probably. My Va doc can write a statement for me also the Va has given me a non service connected pension and im under 65 so they do know im permenently and totally disabled to have recieved a non service connected pension. I just think its dumb to offset dollar for dollar from the ssdi I don't want it at all. I get what your saying pete it may just be so " on the money" with the incident of suicide with a strong medical opinion to say that is where the initial symptoms began. How would you write up the strong medical opinion what would you say? Well I think the argument before was trying to narrow down medical records from Balboa that never surfaced,but my Va doc has said hes writing a new argument for this report of suicide threat.