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]

Hoppy I did get a comp and pen for something in its complexity sides with being unrelated to schizophrenia then something that could have helped with a claim to schizophrenia. It was for my legs with lesions which the VA did find to be service connected at 0 percent. You offer a good point the claim does seem undeveloped. In my earlier posts I said something about Balboa records never surfacing. I was at that time went to see a naval doc in balboa for lesions on my legs but importantly the LESIONS were diagnosed as stress related and was noted as I recall. I would have had both my lesions on my legs claim and schizophrenia claim service connected if the balboa record surfaced. As it was stress related and the original argument was about the balboa records in being about the claim schizophrenia than it was pivotal that balboa records did surface and it never did. Why then did the Va service connect only the lesions on my legs at zero percent ? Well I went to sick call prior going to Balboa and was given antibiotics and cream but never did it mention anything about STRESS if it were then I would of had the nexus that I needed with the original argument and of course the VA found that but not the Balboa record. They gave me a comp and pen to see if there is two or more scars for at least a rating of ten percent and according to the examiner there wasnt any. I dont disagree but why give any person a service connection at 0 percent? isn't a zero something worldly unappearable? Doesn't it feel like the VA gave me the benefit of the doubt for a service connection that wouldnt be able to get a ratable rating but didn't give the time to a schizophrenia service connection the same way knowing that it would have been a much higher rating? The report of a suicide threat appear as did the same way when I went to the clinic for lesions on my legs but no that would have been going above the call of duty to give the benefit of the doubt in that treatment to say it was service connected because of that :) The comp and pen was a meer attempt to see if any scars exist presently to get me service connected as though the schizophrenia claim was still out in the air because the balboa records didn't show and still hasn't.

[rosypalm]

Also if you read from my earlier posts and this is important HOPPY they gave me a non service connected PENSION. The VA does acknowledge that im permanently and totally disabled since im under 65. Now given this award they do know in VA agreement that evidence for the claim of schizophrenia never is service connected. Can anyone say blockaded?? My doc is writing a new argument for this appeal for the report of suicide because again the Balboa record never surfaced and nobody knew until the claim for schizophrenia was already in process about the report of suicide. My doc would have had changed the original argument.

Also if you read from my earlier posts and this is important HOPPY they gave me a non service connected PENSION. The VA does acknowledge that im permanently and totally disabled since im under 65. Now given this award they do know in VA agreement that evidence for the claim of schizophrenia never is service connected. Can anyone say blockaded?? My doc is writing a new argument for this appeal for the report of suicide because again the Balboa record never surfaced and nobody knew until the claim for schizophrenia was already in process about the report of suicide. My doc would have had changed the original argument.

[john999]

Rosy

You have two things to overcome: No in-service diagnosis of schizophrenia or any other mental illness and you did not file a claim within one year of discharge for a mental illness. I think if your shrink can develope the suicide issue that you can win this claim. But the VA is going to throw the issues I mentioned in your face. I have been through this process myself.

[Hoppy]

"and was noted as I recall."

You really need to know exactly what is in the records and not go by what you recall. There could be plenty that you forgot. Sometimes when veterans get their records there is more evidence than they expect. It appears that you are relying too much on the raters to connect the dots.

Doctors will need to write specific reports addressing the issue of this condition being the result of service or aggravated by service. That is what is discussed earlier in this post. You just cannot expect them to read the SMR and make an award based on scars or a notation that the lesions were due to stress.

Typically you need a post service diagnosis and a way to tie symptoms that appear in a writtren record while you were in the military to the current diagnosis. The raters do not do this, doctors do this. This is why they are supposed to schedule a C&P if you have a post service diagnosis. They do not always schedule a C&P. If you did not specifically have a C&P for a mental condition then they did not develop the claim. Did they list any mental health exams on the denial letter??

The fact that they are asking for new evidence can be difficult. I know a veteran where they denied the claim and told hin they would schedule no C&P exams to assist with the claim. This prpoblem was discused in another post I started. It is good that you can get around this with a private shrink who wants to assist. Get all records to this shrink.

It is best to submit medical evidence rather than argue proceedural errors. If you win a proceedural error they will only remand the claim for further development. The medical evidence can win the claim without time consuming remands.

Edited January 18, 2009 by Hoppy

[rosypalm]

I know this is beaureau cratic red tape so I shouldn't just say that HELL somebody that should give me the benefit of the doubt should give me the benefit of the doubt. I don't know if that makes any feasible sense but my doc who also works for the va is connected now to me and him working for me he wouldn't put himself at any risk since im already permanently and totally disabled and there is so much from the very hospital he works for for my evidence. CONSISTENCY!!!! The very fact they gave me non service connected pension due to having seen and been through a pysche ward,vet center for mentally disabled, and a housing program for low income and mentally disabled persons which in all manner was not service connected because of my original argument says that aggravation started while having been seen at BALBOA. So there was the lesions on legs that was originally for interlinked to schizophrenia due to stress from BALBOA record. The lesions on my legs were chronic as I got treatment and prescribed medication and never amounted to by VA standards anything more than 0 percent. That im in no disagreement with. The report of suicide and a call to a va hospital because of depression a little less then one year after in the service showed no chronicity. Scout was right the only way to do this is by symptomology from presently. My doc is a real standup guy I know he ll be there for this appeal for if he wasn't and knew It is a victory as I know it as a victory for sake of argument if my right to an appeal and the VA's obligation to help with the appeal only can they not help if unreasonable which if the doctor doesn't agree to help me with the appeal then symptomology could easily be brought with accounts with many evidence from the psyche ward,vet center for mentally disabled, non service connected pension for permenant and total disability,and a housing program for low income mentally disabled persons. I think he'll help :P

[rosypalm]

Rosy

You have two things to overcome: No in-service diagnosis of schizophrenia or any other mental illness and you did not file a claim within one year of discharge for a mental illness. I think if your shrink can develope the suicide issue that you can win this claim. But the VA is going to throw the issues I mentioned in your face. I have been through this process myself.

Yeah I know , but what makes me think my doc or shrink would want to work on this for me or most importantly on my behalf? :P

If its unreasonable he doesn't have to lift a pen? I have all the evidence weighing against him if he doesn't help with the appeal. I guess I want the best of both worlds I want my VA doc to have to help but to also as you said develop it as someone with his expertise and precision handling give it flying colors. "WHY SHOULD I WORK ON THIS FOR YOU?"