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

[EricHughes]

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.

[EricHughes]

First the VA is allowed to use there own experts. Second, personality disorder discharges are very hard to overcome. To have any hope of winning you need to prove your symptoms are not do to a personality disorder. That is hard to do. I will try and post more once I get home since typing on an iPhone is clunky at best.

[Ethan'sGrandma]

acesup,

No, I hope you do not quit. It can be discouraging, I know, but hope you never give up. I'm a little confused with your post where you say you didn't know you'd been given a personality disorder diagnosis, but later found that out? So, what does your paperwork say about the type of discharge you were given...chapter? It's not unheard of that many are given personality disorder diagnosis, but usually one would know what the wording is for the discharge. An honorable is an honorable, but documents can usually tell what went along with that. Have you obtained your C-file, or documents that the VA has for you? It seems to me, you can't fight thoroughly what you don't know, so it is important that you have that information. Your posting doesn't mention what you are requesting to be rated for, but if personality disorder is coming up, I'm surmising it's at least in part for mental? Your denial letter would have noted what evidence was used...was your conduct a part of that? It's not noted in your comment your service times, but some have been allowed to dispute the personality disorder diagnosis and discharge for that. In any case, I hope you continue to fight the decision, finding whatever evidence you need to do so that would fit with VA laws. Definitely, don't forget your timeframe for your NOD, so you give yourself the chance to continue. You can expect it won't be simple, but it doesn't mean this is the end of the line. Best wishes!

[john999]

You don't need to overcome a PD discharge to get VA compensation. I did it. You need medical facts to show that you had compensable mental health issue in the military or within one year of discharge.

[EricHughes]

First question: What did you specifically get into trouble for while on active duty?

Second question: How long ago where you discharged?

Third question: when where you diagnosed with these illnesses?

[EricHughes]

You don't need to overcome a PD discharge to get VA compensation. I did it. You need medical facts to show that you had compensable mental health issue in the military or within one year of discharge.

True. But if the ro has attributed your symptoms to PD you are better off looking for something on the smr that the no or ro missed that supports your diagnosis than challenging the nurses report. If you need to challenge the nurses report see my thread Daubert v Merrell Dow in the claims research forum.

Edited October 30, 2011 by EricHughes