C P Exams Saying Caused By Or Result Of Service

[walt]

Good Morning everyone and Thank you.

My claim has been in decision twice and has been sent back to gathering of evidence.the regional office has asked St.Louis DOD For this."request herbicide exposure documents" I understand they are checking the archives for documents from korean service. I have some questions please.First I have three cp exams with what I think is positive.One is for panic disorder from a va Phychiatrist saying ,"The condition/dissability panic disorder is most likely caused by or a result of military service.

The other two are for copd and high blood pressure,both saying, the condition/dissability" is as likely as not (greater than 50/50 probability} caused by or a result of military service.Am I correct in thinking it is still up to the rater whether I get anything or not?The copd and high blood pressure were written as an addendum at the time I went for the cp exam for the panic disorder.I had a cp exam by the same Dr. that gave these two opinions and he was no help at all on the conditions he examined me for then.

Also these three conditions are three of four I was denied for in 2000.The denial letter stated in the analysis...service connection is denied since the condition neither occurred in nor was caused by service. Yet directly above in the facts paragraph it says...The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time)Treatment records from va medical center in Murfreesboro Tennessee show he was treated for copd in Feb. 2000. It says basically the same thing for anxiety and high blood pressure.

In the evidence it says...Notice from nprc that they forwarded the veterans service medical records to Montgomery Regional office on August 4 2000 These records have not been received....medical evidence from the veteran....treatment records from va medical center in Murfreesboro TN. for the period of May 26 1992 to May 23,2000. They now have all this plus va records from Two other va medical centers.At the time they did not have two of my four dd 214's.They do now.

Thet stated in denial that if records were subsquently received claim will be reconsidered with date of claim protection. I pointed this out to them in my present claim.I guess they only got these records when I opened this claim.

As to the request from DOD for herbiside exposure...The presumptive date for korea agent orange and herbicide exposure begins1 April 68 and I left there in November 67.However I have a declassified document showing it was tested at nine different locations on 80 acres during Sept.,Oct.,Nov.and I think Dec.1977 I was TDY twice to the DMZ and was stationed six miles south.I have not found out the locations it was tested except The south border tape to civilian control line.Thre have been some granted Service connection for this.I am trying to get all info I can come up with.

I know some of this is repetative of my previous post but I tried to give all I could so you would be able to advise and/or comment. Thank you all very,very much.Too I noticed for first time im my va records..prognosses advanced emphysema.

[Hoppy]

The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time)

It appears they gave no weight to the evidence you submitted.

If a doctor wrote an opinion based on your statements of symptoms in 1979 and the 1979 medical records contain no symptoms or if the doctor failed to state that his opinion was based only on a review of the medical records in 1979, they will claim that your statements to the doctor about symptoms you claimed to have in 1979 are not supported by the facts.

Do your 1979 records actually state a diagnosis of COPD or symptoms of COPD? If yes what exactally do the 1979 reports say?

Edited April 22, 2012 by Hoppy

[walt]

Walt, what base were you stationed at & unit. Coot

Thank you sir. I was stationed at 2nd Medical Bn. 2nd. Infantry Division Village of pob-won-ni. (Mickey Mouse Corner) About six miles south of DMZ I think. Near RC#1 and Yong ju gol.(not sure of spelling) I wasTDY to DMZ twice. Once as ambulance support for Eng. that were building the fence across DMZ and once to a school for three weeks at Camp Sitman.acta..advanced combat training academy. Injin Scout. I do not know the dates. I arrived in Nov.66 and left in Nov. 67.Thank you Kindly. Walt

[walt]

The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time) It appears they gave no weight to the evidence you submitted. If a doctor wrote an opinion based on your statements of symptoms in 1979 and the 1979 medical records contain no symptoms or if the doctor failed to state that his opinion was based only on a review of the medical records in 1979, they will claim that your statements to the doctor about symptoms you claimed to have in 1979 are not supported by the facts. Do your 1979 records actually state a diagnosis of COPD or symptoms of COPD? If yes what exactally do the 1979 reports say?

Thank you Hoppy. Unless the Dr. on Ro request has looked at my SMR's all he used was VA treatment records because he would not look at the smr's I took to the exam.When the RO sent me for second CP exam for Panic disorder they asked him for an addendum on the copd and High Blood Pressure.Best I can find out he is a Dr.in pactice for himself and does Contract exams for VA.Specialty is Something about the Larnyx?or Pharnyx?. Here are three SMR's I have and have more when I can find them.(Not good I know) One is dated 26 Jan. 79 chest x ray report...(compare to 9-12-77) no change slight Basilar emphysemator (change Hyperlucent) otherwise WNL - Other is 31 May 79 Radiographic report..Chest:Multiple Ca??Granulomas normal size heart ,lungs clear...Third one is dated 30 Aug.83 and says ..There is a calcified nodule in the right lower lung field.

These all ,along with others are during service and were submitted with my claim.Thank you Hoppy .I will find all the others from during service and let you know.God Bless you and everyone else for helping others. Walt