Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Missing Records

Rate this question


alan

Question

Hello everyone. I am new to this board. I was in the Army and worked as a Neuro-Psychiatric-Specialist from 1966 to Aug of 1968. I suffered from Mental Depression and Panic attacks. I worked on a combative psychiatric unit and we evaluated the men from Viet Nam, that is, whether they could return to Viet Nam or back to the States. I sarted to get very depressed and anxious. Not sleeping and even having suicidal thoughts.

I was very paranoid of the Psychiatrists and grew to fear them as they had the power to send you to Nam. As medics on the unit, you were rated for job performance, and if you were found to be performing poorly you most likely sent to Nam. This happened several times. I was called into the office 2 or 3 times regarding my behavior. I did what I could to not be taken off of the unti.

I was never told about service connection disability when I was discharged. Not until the year 2000 did I find out about it.

I am filing for Depression and Panic Disorder. The VA has refused to have one of their Pcychiatrists examin me. On May 23 of this year I met with the BVA for my hearing. The attorney from the BVA seemed sympathetic to my case. My VFW rep told her that I was to be evaluated by an independent Psychologist who would present to the VA an evaluation report. As of a week ago the report was sent to my representative and to the VA.

The purpose of the report was to offer a professional opinion which hopefully would help my case. The report was sympathetic for my case. He agreed with the condition of Depression, Panic attacks and Bi- Polar.

I understand that a variety of things could happen.

My question. Can an independent report help my case ? This has been a long long process and I know I am not done with it. Thank you for reading this.

Alan

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

mssoup- that was EXCELLENT advise-

and I like the part -staying ahead of them-

If a veteran can anticipate anything weak in their claim and combat that early on,

or anticipate what the denial could potentially be based on, they can be way ahead of the game in gathering evidence .

I think one problem with my claim is that- there is so MUCh medical evidence to support it-

so they just choose not to read any of it-

but still I do not regret what I did-

I focused solely on the initial denial and satisfied exactly what they needed under reasons and bases--2 years ago.

But so much medical evidence revealed itself since then-

you would think they would read the IMOs and then they could ignore the rest of it- but they haven't yet- well maybe they did-I got a Senate inquiry last week-on my claim.

Your great advise here is certainly going to help others out there in hyperspace!

PS- and yes C & P s and "expert" VA doc opinions can certainly often be knocked down if they go against the claim.

A vet can find holes in these opinions and even substantial medical information that makes them invalid.

I recently found out about the so called VA math. I was shocked to see that they have gotten away with this.

Can you help me make sense of this. As I said I am new to all of this. Alan

Link to comment
Share on other sites

Alan-

"The VA refused to have a VA psychiatrist examine me" this struck me as odd-

I think you are saying they never gave you a C & P regarding your claim?

An good IMO certainly can help with a diagnosis and even give a service connection opinion.

However service connection needs two things - current diagnosed and ratable disability and nexus of the disability to service.

Regardless of good IMOs, unless a doctor served with you and witnessed a stressor you had

(unless you have combat awards etc on your DD 214)

an opinion on this would have to be referenced by the doctor with your SMRs.

Usually the nexus (link) to ones service has to be proven by medical or some other type of documented evidence- whether mental or physical issue.

Do you have all of your service medical records?

An IMO doc usually needs the whole nine yards in order to render a good opinion.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use