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Not Sure Where To Go From Here And Need Help... Please Advise

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Cm Burns

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I got my docs back from the va (brown envelope) I was denied for everything based on a note the resident psycologist wrote saying the simms test suggested malingering. I met with the docs after this because I told them i planned to not continue in treatment. There is no need if I am not sick. My doc psychiatrist talked me out of leaving and to continue taking my meds. I did and then the resident and head psycologist met with me to basically say they know I have severe depression and some psycosis symptoms and as they told me before people with these symtoms can also test the same as I did. In other words they know I have the issues stated in my records yet they test did suggest over exxagerated symptoms. Ok so after talking to all them and my psychiatrist saying her notes never changes and my gaf is 45 now instead of 48 and that they would not kept me in the hospital for that time if nothing was wrong, I went to get my medical records to find that nothing but my psychiatrist report is listed so all that was said to me is not mentioned in my records. I want to refile for ptsd but would it help. I dont know what they hell to do. They do not write nexus letters so I am not sure where to go from here.

Can someone help me

What I am trying to accomplish is to get a rebuttal and write a statement stating that all my records for over a year is consistant. one note for a resident should not over cast a licensed psychiatrest and they should have used the benifit of the doubt rule since that is the only negitive statement. With this i want to refile... is that enough or do i need more.

what do i do I am not sure what to do or where to go from here. Thnx for any help you can offer.

Claim 1 & 2 /w pension Filed 10/23/2009 CnPs- Dec Phase 10/1/2010 Notification 10/12/2010 Closed 10/15/2010

Claim 3 Filed June 23,10 CNPs- Jan 2011 Dec Phase- Mar 2011 Notification- May 2011 Closed My 2011 (CLAIM DENIED)

Claim 4 Filed June 13,11 cnps-Na Dec Phase- Aug 2011 Notification- ...

Voc Rehab Claim Filed July 2011 Orientation-17 Aug 2011 Found Entitled- 17 Aug 2011 Classes paid- 19 Aug 2011 First Stipen Check- ...

***Under Ga VARO from 2009 - Until Present***

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  • HadIt.com Elder

Your best bet in my opinion is to get an outside opinion from a Doc that lays out a proper diagnosis, the connection to your service and that it has continued to be a problem after your separation.Don't give up the VA has done the same to many of us including myself.

Good Luck

Veterans deserve real choice for their health care.

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  • HadIt.com Elder

I got the same thing ten years ago and I got my own IMO to rebutt it as Pete says. This is the best way to fight them.

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is this a good rebut statement by me. I am also working on the imo...

Thnx in advance

I am requesting an increase of my service connected ptsd/mdd as my symptoms are now worse. I am a peacetime and gulf war vet, and have had continued treatment for the least 1.5 years showing consistant symptoms as well as several letter from my Licensed Physicians in reference to my constantly reported symptoms. A recent increase request was denied without regards to my continuity of treatment with one report that states a negative test result when conducted by a student doctor. I request that the records and evndence is equally weighted and any questions raised by setteled using the benefit-of-the-doubt-rule though the weight of evidence is already for the veteran. I have never reported info incorrectly and have a 22 day hospital stay for attempted suicide and several medications entered with this claim as well as a recent C and P exam to consider as evidentiary support. As stated to the Medical Doctor and Licensed Psychiatrist's I have seen over the past 1.5 years my symptoms are as followed; Nightmares, avoidant behavior, panic attacks in excess of 3 daily, intrusive thoughts, problems concentrating and with memory loss of things that should be evident to me, problems sleeping, and problems around others and in crowds. My symptoms also include imparied impulse control, recurring neglect of appearance and hygiene, auditory and visual hallucinations, major depression with anhedonia, suicidal ideation, low energy and social impairment with isolation. My suicidal thoughts and episodes do make me a persistant danger of hurting myself and in come cases others.

I have also entered into evidence an article written by a Medical Doctor by the name of William H. Reid, MD, MPH explaining how this test used is not to be used alone to determine malingering and how easy it is for a person to make this mistake. A test suggesting something does not make the statment a true statment and this again is why the benifit-of-the-doubt applies in this scenario.

Edited by Cm Burns

Claim 1 & 2 /w pension Filed 10/23/2009 CnPs- Dec Phase 10/1/2010 Notification 10/12/2010 Closed 10/15/2010

Claim 3 Filed June 23,10 CNPs- Jan 2011 Dec Phase- Mar 2011 Notification- May 2011 Closed My 2011 (CLAIM DENIED)

Claim 4 Filed June 13,11 cnps-Na Dec Phase- Aug 2011 Notification- ...

Voc Rehab Claim Filed July 2011 Orientation-17 Aug 2011 Found Entitled- 17 Aug 2011 Classes paid- 19 Aug 2011 First Stipen Check- ...

***Under Ga VARO from 2009 - Until Present***

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Also wanted to add would you file for recon or use the new 30 day process and resend it with this letter. any help is appreciated

Claim 1 & 2 /w pension Filed 10/23/2009 CnPs- Dec Phase 10/1/2010 Notification 10/12/2010 Closed 10/15/2010

Claim 3 Filed June 23,10 CNPs- Jan 2011 Dec Phase- Mar 2011 Notification- May 2011 Closed My 2011 (CLAIM DENIED)

Claim 4 Filed June 13,11 cnps-Na Dec Phase- Aug 2011 Notification- ...

Voc Rehab Claim Filed July 2011 Orientation-17 Aug 2011 Found Entitled- 17 Aug 2011 Classes paid- 19 Aug 2011 First Stipen Check- ...

***Under Ga VARO from 2009 - Until Present***

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  • Moderator

Well, since you also applied for pension, this is not usually denied, assuming you are eligible otherwise. That is, you have to have low income, (probably under about $12000 depending upon your dependents). You dont have to have anything service connected for pension. But you do have to serve during war time, or you wont be eligible.

You can get better answers here if you post "reasons and bases" for denials..you can redact your name and ssn/address if you like.

Probably, you will be filling a NOD, but the "r and B" will help us on how to word the NOD. (Notice of disagreement...the first step in your appeal)

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