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!

[rosypalm]

Hey scout thanks again for the advice. I think it boils down to my doc writing a new argument that supports the evidence on the denial letter. Whether or not the evidence was already considered with the old argument wouldn't hold up the old argument because it was too narrow about only when the aggravation started was from the balboa records that never surfaced.

[rosypalm]

I think now I can go on a deep peace with this one. :)

[carlie]

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.

rosy,

This is what you will need a doctor, probably psychiatrist, to do.

jmho,

carlie

[Berta]

Scout is right-

without treatment records and the same diagnosis within one year after service-it can be very difficult to prove a service nexus (link) but as Scout said- lay statements can often help.

Did you have any employment problems during that year or any legal problems or relationship difficulties? that you could prove?

Could these be medically attributed to bonafide symptoms of schizophrenia in some way?

A Navy vet I knew long ago had difficulty after service as street signs would 'talk' to him.And particularily any street sign with numbers.

He would hear numbers constantly during the day whenever he drove.

He refused to buy his mom some lottery tickets one day-he just could not handle anything else with lots of numbers and she had a list of numbers she wanted to play.She was very angry with him and then he revealed what he was dealing with to her.This was the first concrete manifestation of his -at that point-undiagnosed schizophrenia.I dont kow if he ever filed a claim- still-BVA decisions reveal that continuous symptomatology (which could possibly be found even in personnel records from employers)and even legal problems could also be symptomatic of a psychosis.

Maybe your VA doc does see something in your SMRs that supports his opinion.

Anxiety and depression are vastly different from schizophrenia.Is your claim specifcally for SC as to the schizophrenia?

[rosypalm]

I have a lot of lay people. My sister my sister in law people who brought me to the pysch ward and my vet center. Believe me they all know my condition. So really thats all you have to do is make a statement and that is evidence? hmmm so the VA is taking statements especially my own as evidence? If that is so then that is huge. What does anybody say will it go to the RO before the BVA and get approved ? Or do appeals have t o be 2 years long and wait for the bva to see the claim? What I know of I think this will be a decisive win and enough to shorten the appeal time by a year at least.

[carlie]

I have a lot of lay people. My sister my sister in law people who brought me to the pysch ward and my vet center. Believe me they all know my condition. So really thats all you have to do is make a statement and that is evidence? hmmm so the VA is taking statements especially my own as evidence? If that is so then that is huge.

The lay evidence should state the changes they saw that took place in you while in the service and when you got out.

Lay evidence should not contain any statements like, he was not scitzophrenic (sp)before he went in the service.

Lay statements would speak more of your symptoms not your diagnosis

Lay evidence is given some consideration

but not weighed nearly as credible and probative as medical evidence

What does anybody say will it go to the RO before the BVA and get approved ? Or do appeals have t o be 2 years long and wait for the bva to see the claim? What I know of I think this will be a decisive win and enough to shorten the appeal time by a year at least.

Hope this helps a veteran.

carlie