I was denied claim for four conditions in 2001.that was opened in 2000. They were copd,high blood pressure, premature ventricular conractions, and anxiety.The reason for denial was given that the conditions neither ocurred in or was a cause of being in service.They stated that,"we requested records from St louis.St louis notified us they were sent but we have not received them. If these records are subsequently received claim will be reconsidered with date of claim protection. " Also there were two periods of service that they did not have my dd 214's. They have all this now. In the denial they said in the facts:" the vetran has submitted evidence he was diagnosed wtih" (the four conditions).They also used the phrase,"treatment records show" These were smr's I sent.Yet they denied saying " condition neither occurred in or was caused by service" Only thing I can think of is because they did not have two of the 214's.
I have tried to be as clear as I can. The above is backgound to help with what I would like to know.They auto matically opened my claim for the "Neimer review".Why I do not know except because of ischemic heart disease and prostate cancer.Still it should have been clear I was not in Viet Nam but Korea and missed presumptive date for prostate cancer due to AO in Korea by Five Months.
My present claim is in review and decision phase for second time.This time after C and P exam.It went back to RO 15 Feb. Report by VA Dr.As to anxiety claim......Diagnosis..Panic disorder.Symptoms that apply-depressedmood,anxiety,suspiciousness,panic attacks that occur weekly or less often,panic attacks more than once a week,mild memory loss,such as forgetting names,directions,or recent events.Flattened affect,circumstantial,circumlocutory,or steerotyped speech..... Axis lV -psychosocial and environmental problems socially isolated,lives alone.very litle social contact. .axis V Gaf 60
IMO by civilian Psychiarist.....Panic disorder with agoraphobia.secondary generalized anxiety disorder.AxisIII copd,cad,ddd,history of prostate cancer,osteoarthritis.Axis IV..Moderate Axis V 50 with highest being 60. This is a four page report ending with..Specifically then in regards to the patient's illness and his military service I can clearly say that this illness began during his military service however I can not say with certainty wherther his military service caused this illness.
IMO from PHY Assistant at local clinic...Two pages ending with....Veteran has been a patient at our clinic since 2010.After reviewing Veterans medical recorde it is my opinion that Veteran is totally and permanently disabled by chronic anxiety disorder,aggravated greatly by low back pain.. He cannot hold gainful employment because of these service relaed issues.
It is my opinion that Veterans chronic Anxietydisorder is more likely than not due to his active service duty.It is also my opinion that his low back pain is at least as likely as not related to his active service duty.
I have a letter from a former soldier I served with in Korea. He was the company clerk and tell about me being sent to the DMZ twice TDY.Just this in case by some chance they service connect the prostate cancer.As In said before I missed he Presumptive date by five months, I left there in Nov. 67
I have another letter from a fellow soldier I worked with on a dayly basis telling about the anxiety and low back pain.
I have several more ,about six or seven" Buddy" letters.telling about the anxiety and low back pain.
The c and p for arthritis and low back pain was done by a fee basis VA dr.and did me no good. He is same one that they asked an opinion for other conditions and I do not expect him to help any more there. Maybe wrong. I will know tommorrow when I go to release of info.
Long post I know.But wanted to give back ground.I reopened this claim 2 Feb.2010 and in June I filed for TDIU. I am hopeful to get at least a high enough rating for the TDIU at least,depending on what the opions are from this fee basis Dr. is on the other conditions and if I am able to get another IMO.IF I GET A HIGH ENOUGH RATING for TDIU,will the retro be to June when I asked for TDIU or will it go back to original denied claim of 2000?
Thank you all for your help,......also forgot to add I am receiving 100% PENSION since 2004.
Question
walt
Good Morning Everyone,
I was denied claim for four conditions in 2001.that was opened in 2000. They were copd,high blood pressure, premature ventricular conractions, and anxiety.The reason for denial was given that the conditions neither ocurred in or was a cause of being in service.They stated that,"we requested records from St louis.St louis notified us they were sent but we have not received them. If these records are subsequently received claim will be reconsidered with date of claim protection. " Also there were two periods of service that they did not have my dd 214's. They have all this now. In the denial they said in the facts:" the vetran has submitted evidence he was diagnosed wtih" (the four conditions).They also used the phrase,"treatment records show" These were smr's I sent.Yet they denied saying " condition neither occurred in or was caused by service" Only thing I can think of is because they did not have two of the 214's.
I have tried to be as clear as I can. The above is backgound to help with what I would like to know.They auto matically opened my claim for the "Neimer review".Why I do not know except because of ischemic heart disease and prostate cancer.Still it should have been clear I was not in Viet Nam but Korea and missed presumptive date for prostate cancer due to AO in Korea by Five Months.
My present claim is in review and decision phase for second time.This time after C and P exam.It went back to RO 15 Feb. Report by VA Dr.As to anxiety claim......Diagnosis..Panic disorder.Symptoms that apply-depressedmood,anxiety,suspiciousness,panic attacks that occur weekly or less often,panic attacks more than once a week,mild memory loss,such as forgetting names,directions,or recent events.Flattened affect,circumstantial,circumlocutory,or steerotyped speech..... Axis lV -psychosocial and environmental problems socially isolated,lives alone.very litle social contact. .axis V Gaf 60
IMO by civilian Psychiarist.....Panic disorder with agoraphobia.secondary generalized anxiety disorder.AxisIII copd,cad,ddd,history of prostate cancer,osteoarthritis.Axis IV..Moderate Axis V 50 with highest being 60. This is a four page report ending with..Specifically then in regards to the patient's illness and his military service I can clearly say that this illness began during his military service however I can not say with certainty wherther his military service caused this illness.
IMO from PHY Assistant at local clinic...Two pages ending with....Veteran has been a patient at our clinic since 2010.After reviewing Veterans medical recorde it is my opinion that Veteran is totally and permanently disabled by chronic anxiety disorder,aggravated greatly by low back pain.. He cannot hold gainful employment because of these service relaed issues.
It is my opinion that Veterans chronic Anxietydisorder is more likely than not due to his active service duty.It is also my opinion that his low back pain is at least as likely as not related to his active service duty.
I have a letter from a former soldier I served with in Korea. He was the company clerk and tell about me being sent to the DMZ twice TDY.Just this in case by some chance they service connect the prostate cancer.As In said before I missed he Presumptive date by five months, I left there in Nov. 67
I have another letter from a fellow soldier I worked with on a dayly basis telling about the anxiety and low back pain.
I have several more ,about six or seven" Buddy" letters.telling about the anxiety and low back pain.
The c and p for arthritis and low back pain was done by a fee basis VA dr.and did me no good. He is same one that they asked an opinion for other conditions and I do not expect him to help any more there. Maybe wrong. I will know tommorrow when I go to release of info.
Long post I know.But wanted to give back ground.I reopened this claim 2 Feb.2010 and in June I filed for TDIU. I am hopeful to get at least a high enough rating for the TDIU at least,depending on what the opions are from this fee basis Dr. is on the other conditions and if I am able to get another IMO.IF I GET A HIGH ENOUGH RATING for TDIU,will the retro be to June when I asked for TDIU or will it go back to original denied claim of 2000?
Thank you all for your help,......also forgot to add I am receiving 100% PENSION since 2004.
Anymore advice and help I will appreciate.
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