Decision And Developemeny

[walt]

Hello everyone.

I have multiple conditions I am trying to get sc for.I have sent in more evidence since it went to decision ...if ebenefits is up to date...Depends on who you talk to at the1000 number as to info you get.I even had one to tell me to hurry up..he had people waiting.I did not have a very favorable response from the c and p Dr. So I am trying to combat him ,although the two conditions he hurt me on,will not ,if I understand things corecctly will not prevent me from getting 100 % sc.He stated that my Lbp waso/a related to age and began after discharge. ( 1983) I have diagnosis of LBPand treatment for since mid seventies until present but no reason as to cause. He stated,It seems likely his multiple health conditions limit his abiliyt to work to sendentary employment such as using a computer. He had asked me what I did and I told him nothing except work in the garden and stay on computer,so I assume that is why he said that.He also said ..I am unable to determine to what extent his chronic anxiety condition has on his ability to work.I sent an IMO from a Phy. Asisstant stating...in part,I am familiar with the MVA Mr Veteran suffered in 1977,fracturing his pelvis.Records show soon after the fact show that mr veterans pain centered mainly around the l5 region not un common in my pratice in some chronic pain pelvic fracture cases.This chronic pain is debilitating to mr veteran ,precluding him from sitting longer than one hour at a time,standing even more difficult,not to mention ambulation.

Far more pressing is the issue of Mr.veterans chronic anxiety dis order.This began in 1974 ,specifficallywhile he was stationed at Lyster Army Hospital.,the account of which is in cluding in a letter from John Doe III MD.for your reading.This is by far the most chronic and recurring issue throughout Mr. Veterans Va eacords as well as private records.Chronic anxiety disorder has resulted in multiple er visits for chest pain and dificulty beathing,and were diagnosed as stess related during his service years.Records show mr veteran being chronically treated Throughout the years since 1974 as well as curently with multiple anti depressant and anti anxiety medications.It has ultimately precluded him from consistently being gainfully employed,as well as somnstimes affecting his ADLs.After reviewing Mr.veterans medical records it is my opinion tha tMr veteran is permanetly and totally disabled by chronic anxiety disorder and agravated greatly by low back pain. He cannothold gainfully employment because of these related issues.

It is my opinion that Mr.veteran s chronic anxiety disorder is more likely than not due to his active service duty.......

It is also my opinion that his LBP is at least as likely as not related to his active service duty.

I hope Tommorrow ,Monday ,I will have another IMO saying essentially the same thing .He is a family practionioner that the PA

. listed above works for.

Then I hope to have one from an RN by end of week and a Buddy letter from a friend i was stationed with in the mid 70s. He is famialiar with my conditions and wittenessed more than one attack I had..

Now do any of you think these will stand a chance of overriding the cp Dr.s findings. Any thoughts,comments ,Advice is appreciated. Thank you Walt.

[john999]

Regarding the chronic anxiety I think you should have an IMO from a psychiatrist. Were you treated or diagnosed with Anxiety disorder while in the service or within one year of discharge?

[Hoppy]

The time line of treatment and how the private doctor linked the anxiety to the military is rather vague. Was this John Doe MD a military clinician? What were the symptoms and diagnoses for anxiety noted in your SMR and personnel file. If you walk into a doctors office years after your discharge and tell a doctor you had anxiety in the military and your military records are silent for anxiety the VA will not give weight to the report written based on your recollections of you condition while in the military. The exception would be PTSD. Are you a combat veteran? Have you been screened for PTSD?

[Hoppy]

This ia a continuation of my previous post. You did not state what the C&P examiner said about service connection of the anxiety disorder. There is a possibility the C&P was favorable for service connection for an anxiety disorder it is just a question of how to rate your symptoms. The fact he could not determine the extent of you disability could be that he did not have any treatment records to work with. If you do not seek treatment and depend solely on a C*P examiner to obtain a rating you will run in to problems such as the one you stated. If you have some treatment notes the raters can use those to rate your claim. Also, I have seen ratings changed based on what the raters called credible lay statements contained in letters from people familiar with your current symptoms. The VA actually asks for witness statement on either a decision letter or in duty to assist letters.

The buddy letter combined with some post service treatment reports might work if you need to rebut a denial for service connetion of the anxiety disorder. Especially, if your buddy describes anxiety attacks or panic attacks while in the military. The symptoms of an anxiety attack or panic attack can be obvious to a lay person. You would have really strong evidence if you had symptoms of anxiety noted by military clinicians. I have assisted veterans in obtaining service connection who had symptoms of anxiety attacks and panic attacks noted in their SMR during the seventies. Back in the seventies they called it hyperventilation disorder.

[walt]

Regarding the chronic anxiety I think you should have an IMO from a psychiatrist. Were you treated or diagnosed with Anxiety disorder while in the service or within one year of discharge?

Thank You John and good Morning,

Yes I was diagnosed and treated for anxiety while in service starting in 1977 and contining until this day both in and out of service. By the va and private Drs.I would get an imo from a phychiatrist if I was able to but unless I can get the one that I saw at the va to write one I will not be able to before they make the decision.Due to my typing ability please see my reply to Hoppy.Thank you kindly for your continued help.Walt

[walt]

This ia a continuation of my previous post. You did not state what the C&P examiner said about service connection of the anxiety disorder. There is a possibility the C&P was favorable for service connection for an anxiety disorder it is just a question of how to rate your symptoms. The fact he could not determine the extent of you disability could be that he did not have any treatment records to work with. If you do not seek treatment and depend solely on a C*P examiner to obtain a rating you will run in to problems such as the one you stated. If you have some treatment notes the raters can use those to rate your claim. Also, I have seen ratings changed based on what the raters called credible lay statements contained in letters from people familiar with your current symptoms. The VA actually asks for witness statement on either a decision letter or in duty to assist letters.

The buddy letter combined with some post service treatment reports might work if you need to rebut a denial for service connetion of the anxiety disorder. Especially, if your buddy describes anxiety attacks or panic attacks while in the military. The symptoms of an anxiety attack or panic attack can be obvious to a lay person. You would have really strong evidence if you had symptoms of anxiety noted by military clinicians. I have assisted veterans in obtaining service connection who had symptoms of anxiety attacks and panic attacks noted in their SMR during the seventies. Back in the seventies they called it hyperventilation disorder.

Thank You Sir and Good Morning,

Plese bare with me . I type with one Finger.This c and p Dr.gave this opinion......Opinion: The veteran has not worked in several years and there is no good record of work capacity.It seems likely that the combination of the veterans medical problems confines the veteran to sedentary work, such as using a computer.I am unable to determine the extent of his chronic anxiety as a contributor to his inability to work. ...Rational for opinion given: none pertinent....other comment:This opinion is based on the review of the overall va medical records. This focused on all four of the conditionsreview fo lbp and o/athumbs does not necessarily encompass an assement of all the veterans conditions.......He asked me what I did and I said nothing except work in the garden and stay on computer,so I think that is reason for comment about sedentary work such as using a computer.......Immediately preceding this opinion was the following in same section of progress notes that the opinion was written. A non standed medical opinion was requested.Providers restatement of requested medical opinion.This is not the medical opinion itself :Restatement of opinion request : Individual employability. Other pertinent information or comments from requesting office:The records of recent treatment for all of the veterans conditions shows that he has diagnosis of copd,cad,htn,hld,pats,osa,prostate cancer,and chronic anxiety.were private medical records review : no Were service medical records reviewed: no were veterans administration records reviewed : yes

Pertinent evedence: current treat records for the various conditions none are service connected at this time.Were other records review: no....Then follows the opinion

I have several buddy letters ,two of which I hope are going to be very helpfull.One they have listed twice. one as "letter from John Doe" the other as statement from" Dr. John Doe",He and I worked together as Scrub techs while in service. He went on to medical school and is now a practicing Dr, at a pain Management clinic.He wittnessed one of the first anxiety attacks I had at work one morning. He also used the word "chronic" several times ,said he had spoken with me over thears since discharged. I am wondering if they are considering his letter as an imo ,although it was not written as such?

The other is from someone I worked with as an army recruiter.He was a usar recruiter and I active army and we worked ot of same office.He told them about the attacks I had with anxiety as well as yhe high blood pressure and lbp.

I might mention that I was denied sc in 2000, I filed for four conditions :copd,chronic anxiety,preventriculer contractions,hypertension, I was denied all four .reason stated they neither occurred in or was a result of being in service.Yet in the facts of the denial the clearly state such as "veteran has submitted"" and records with date" "show" on all four of the conditions. All I can think is two things. They said St Louis said they my smrs and va said they never received them.Also I had four periods of service and they only had two of my 214 they said.

I don't know but I am prayefully and hopefull for a different outcome this time.I forgot to mention...I am getting another IMO from the dr. here at the local clinic.Also one from a RN.

My claim was in decision and now back in developement.I takled to a man at the 1000 number yesterday and said it was because of something about the anxiety.I am assuming it was the letter from the phy asst that I faxed. Maybe not.

One more thing please. If granted tdiu for chronic anxiety..will the retro be to 2000 when I was denied or the date I asked for tdiu? Or neither?

Thank you Both four help and advice and I do take it. about two hours of typing here! Walt

[walt]

forgot to mention. I have smr with multiplie diagnisis of Chronic anxiety as well as va treatment recods and currently am on two antidepressants.from va ....walt