How Can C&p N.p. Give Non-Medical Report/opinion

[acesup]

Hi, long time since I've posted here. I got shot down in March, denied on all counts, and I've not been handling it so well. But, it is better, and I refuse to quit.

I got in some trouble when I was in the Air Force. I believe it is because of the onset back then of possibly depression/chronic pain disorder and Obstructive Sleep Apnea. (OSA was unknown to the medical community back then, so was Chronic Pain Disorder, but my SMR's cite many of the symptoms that would lead to those diagnoses.)

The C&P N.P. shrew, in her report, began it with a long review of my disciplinary problems while on active duty. She wrote it in a way that would make me look awful, right off the bat, to anyone reading the report.

Personally, this seems unethical to me. I never saw where the VARO requested a recap of my personal conduct record, I thought they simply requested a medical examination/review.

I know we're talking about a VA N.P., but even for one of those, this just seems wrong.

For the record, I received an Honorable Discharge, and was told at the time it was for hardship, but much later I learned that some quack Psychiatrist (whom I never saw) and my C.O. had actually discharged me as "unable to adapt", claiming I exhibited symptoms of several disorders, hence a diagnosis of "Personality Disorder N.O.S.". He claimed that I said if I didn't get out I would "just keep getting into fights". Only fight I ever got into was with a punk who poured hot coffee on me.

Edited October 30, 2011 by acesup

[Testvet]

Eric, I contacted a NOVA attorney and will meet with her soon. I find it interesting that a) their services are FREE and b) they deal with a DRO. They do not handle appeals at the BVA. Thanks for the info.

NOVA lawyers handle claims from the first denial and the initial NOD all the way thru to the CAVC if necessary and they are allowed to get 20% of the backpay unless they tell you upfront that they are taking your case "pro bono" I like NOVA lawyers for the fact is they specialize in VA law, they have a bunch of conferences thru out the year to learn from each other and to stay current on the CFR changes and when they find thenselves stumped they call on each other for help to figure out how best to handle the problem their only goal is to get the veterans the benefits they deserve

I don't know where the idea came from that they are free and do not handle BVA appeals but my NOVA lawyer dealt with the DRO and the BVA hearing and in April when it looked like I was not going to leave the hospital alive she came to the ICU and did a will for me free of charge that lady has ethics they earn every penny of the 20%

[acesup]

Thanks for the info, yall, even as I get older I am constantly reminded that I learn something new every day. And also that what I think I already know is not always the complete story.

I met with the NOVA attorneys today. My statement earlier about this issue sounds like I meant ALL NOVA attorneys are free and ALL only handle NOD to the DRO level. I actually only knew what the receptionist had told me regarding this specific firm.

The firm that I am dealing with is not actually free (Pro Bono), they work on contingency, 20% of award. And while apparently many NOVA firms do handle appeals beyond the DRO level, this firm does not.

On the bright side: they seem to be quite confident (regarding my case) that the NP's opinions on my C&P report, as well as much of the Reasons and Bases for denial, do not hold water and will be reversed. While I know not to count my chickens before they hatch, I also know that attorneys rarely waste their time or resources on a gamble. So, I'm feeling better than I did yesterday LOL.

[carlie]

I was diagnosed with depression while active duty.

My SMR's show complaints of headaches, nervousness, depression, fatigue, sleeplessness, etc.

I filed in 2007 for some issues including OSA and depression and/or other associated mental disorder.

I had some strong nexus opinions, but the NON-SPECIALIST, NON-BOARD CERTIFIED IN ANYTHING Nurse Practitioner shot down the OSA and other stuff.

The C&P psych confirmed my diagnosis of long-term depression, and added a dx of Chronic Pain Disorder,

but then said that while it was possibly related to service, it also was possibly not, therefore it was not due to SC.

Funny, her words seem to say "at least as likely as not", but then she says not likely. Kind of contradictory, but it was good enough for the VARO to say no.

I will likely be hiring a NOVA lawyer for my appeal soon.

I have just re-read thru this thread a couple of times and finally notices that

the denial of SC for a mental health disability was related to "The C&P psych" opinion

and not related to the NP.

I would do battle with this issue by getting an IMO that reviews my SMR's and provides

an opinion. If it is favorable in supporting a diagnosis and nexus to AD - then the evidence would be

in relative equipoise - hopefully the BOD would get applied, and then I would argue for

an earlier effective date if needed.

JMHO

[acesup]

Thanks, carlie, great info/advice as always!

[john999]

A good IMO/IME is the way you fight these off-the-wall C&P opinions.

[broncovet]

While I agree with the advice you have been given, if you have a NOVA attorney that you are comfortable with, by all means give this a chance to work and do what the attorney says. None of us have law degrees, so take the advice of the lawyer you have hired. If he says you need to rebut the C and P with an IMO, then that is the advice I would go with.