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!

[Berta]

Do you have copies of your SMRs to see how this was documented in the military?

Did you get treatment (private or VA treatment) for any mental problems within one year after service?

[rosypalm]

Yeah I did actually I went to a doctor for depression and anxiety in 2002 and I got out of the service in jan 2002. I don't have copies on hand but it is in my c-file im with a Vet center or a va community support program and the support program saw the report of a threat of suicide while in the service.

[Done wit this]

Had to say thanks I am sitting here Laughing at the Name you picked .....Thanks...made My day

[Berta]

Gee- it would be great if you can get copies of those records and submit them to the VA-

"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."

A supportive VA doc is worth his/her weight in gold-

whatever might be out there- as far as any med recs go- that VA might not have known of to consider-could possibly help you a lot here.

I think you might have basis for filng a Request for Reconsideration-this does not stop the NOD clock- one year limi for filing the NOD- but could possibly get this claim

decided faster with a better result-

If schizophrenia is evident (by medical evidence) to a degree of 10% or more disabling within one year after date of discharge-than the Presumption regs for Chronic diseases kicks in.

Schizophrenia is a psychosis that- as long as it is chronic and the 10% degree is shown by medical evidence-

this becomes a service connected condition by presumption- 38 CFR 3.303.

This BVA case show what I mean.

http://www.va.gov/vetapp08/files2/0811785.txt

[rosypalm]

well the thing is Bertha I reported feelings of depression in july 2002 and that is all I have. There was no medical treatment or diagnosis until sept 2003 which is past a year after getting out of the service. If the argument is open enough it can cover this and the suicide threat which from the first claim only covered the balboa records which never surfaced. If I reported feelings of depression in july 02 and I got out in jan of 02 is that enough? Should I have had medical treatment at all for a request of reconsideration? All I did was call the Va hospital at that time and reported it and never went in for a check up. Otherwise the important thing is to fight the appeal and win the appeal. Getting it done quicker in my honest opinion would make things so much for me but I dont want to not sacrifice getting it done right! Thats where I'm kind of iffy. Records are not hard to get at since working with a Va doc all that has to be done is opening up my c file. Its just what the argument wants to say about such and such record.

[rosypalm]

If for a request of reconsideration if the evidence I got from my earlier posts was on my denial letter than that evidence was already considered? I don't quite understand but if the argument was for records from balboa only that never surfaced and I submit a new argument and a request for reconsideration for the evidence that is already shown on the denial letter would that work out ?