How Do I Get Out Of This Maze?

[Josephine]

At times I feel like quitting and maybe I should, but I can't. My case is a very long one. I filed for service connected benefits in 1978 and was immediately denied. I did not get a rating statement of the case or anything. To make this short. I decided to re-file in 2002 for service connection for anxiety. I received a penion and a denial. I immediately wrote to the St. Louis Archives and secured all of my Psychiatric Records, and a letter from The Commanding Officer, which the Va did not bother to get. I turned them in and received a C&P with a more likely than not. Being that my niece is a DRO in that Regional Office, my file was immediately transferred to another Regional Office. I waited for a decision and was sent a notice of my clinic appointment date. When I arrived at the Hospital, I was given a C&P Examination by two psychiatrist, male and female. The write up was no more than slander to me and my medical records had been changed. The male did not sign, but the lady doctor did. She stated that nothing in service bothered me. After being called a liar and a few things, I wrote to the doctor that treated me in service and sent him his medical records. He wrote back that he treated me with tranquilizers for anxiety. I ask repeatedly for a new examination, but did not get one. I am now at the management center. The remand states for my claims file to go back to the two psychiatrist for them to reconcile their difference. How much more do they need? I was treated in service with librium for anxiety and saw two navy psychiatrist and was discharged with emotional instability code 460. The BVA wants to know why I received an early discharge? I began Librium again in 1967 and have been treated for anxiety ever since. They have my doctors letter, stating in his opinion my anxiety began its origin in service, they have the letter by my treating physician in service, the opinion of their Va Psychologist and a letter from a buddy of abuse that I endured in service. The remand asked for so little, another letter from my physician, and a search of my personnel records and medical records in the event that there are other records out there not turned in. I have been at this for several years now. Shouldn't they soon have to give me a yes or no?

Thanks Josephine

Edited August 6, 2006 by Josephine

[Josephine]

One more thought here- I do not see the diagnosis problem as the main issue of this claim-

Even if that is resolved-and it could be

It still remains that there is the lack of a proven stressor.

Berta,

Thanks I am not filing for PTSD. I am filing for acquired psychiatric disorder. I did not have anxiety before service and this is the main reason for the letter from my Pastor. I have a buddy letter for the abuse in service and the last C&P examination, it was stated, I received an early discharge by reasons of unsuitability and things indicative of abuse. I never took a nerve pill before service and began the librium in service until discharge and have been taking them ever since. I will never say that "Doris" is my stressor. I am stating my stressor is my own fight to pass the swimming classes and the physical abuse or assault as one would call it that took place in service. The letter from Dr. C was to state that he had read his medical records and that he did indeed gave me a tranqulisher in service and started my early discharge. Administration did not want to give me a disability discharge at 19. Had I not babysit for Dr. C. and his wife, I am sure that he would have never remembered me after 40 years.

Josephine

[Hoppy]

Berta,

I agree with Josephine. If you have the inservice diagnoses of of any anxiety or you are seen by psychiatrists in the service the dooor is wide open for service connection. I know of several veterans who had one referral inservice to a psychiatrist and were discharged for a personaloity disorder. Many years later (15-25) the diagnosis was changed based on a post service review of the SMR and post service treatment notes. Then they were service connected. It is not uncommon for psychiatric condition to develop over decades. Mis diagnoses and rediagnoses are common in the field of psychiatry. Some psychiatric conditions actually can not be diagonosed until mid life. I do not recall the BVA making any issue out of a stressor. It seems like you have seen a lot more of the documentation from the BVA than I have.

One veteran had a dual diagnosis of both PTSD and anxiety disorder caused by events in the military. The stressor could not be proved. Since the anxiety disorder and the PTSD were both related to service they service connected the anxiety disorder. The PTSD did not confuse the diagnostic picture since it was also the result of events in the service.

[Berta]

"It seems like you have seen a lot more of the documentation from the BVA than I have."

No same decision you read-

and it is good to disagree-

What I see is that the BVA had some SMRs but not all- they would all be needed-

I also see that the VCAA notice is lacking-

I also see here that a POA did not notice the missing VCAA notification nor did this POA know that all SMrs had not been obtained-

he/she could have determined that early on if the denials did not list the SMRs as evidence-

because only those SMRs can reveal that this BVA statement is wrong:

"It was noted there was no record of

ongoing anxiety or nervousness documented during active

service."

Just my opinion

[Hoppy]

Josephine,

The process of giving administrative discharges for unsuitability rather than medical discharges was a DOD policy that was well established in the 60’s. The Navy had a BUPERS instruction that mirrored the DOD policy. I used to have copies and the form numbers on all these things but they went away about two computers ago.

They claimed that the reason for this is that it was in the best interest of the veteran. Part of the process included the assessment that your prognosis was that the condition was going to resolve spontaneously without treatment. If you read your SMR it will probably say this. Of course they were just shooting from the hips about the recovery prognosis. I have heard that this policy has been changed and they now do more to treat veterans who are discharged with early outs. As you can tell by now this personality disorder thing is one of my pet peves with the VA. It was also a problem that my SO on the angioedema claim liked to work on. He was a rating specialist for the VA for 20 years before becoming an SO. My SO had a masters degree in psych. We went to the same schools.

[Hoppy]

Berta,

I missed the BVA post. In any event you are way ahead of me on the technicalities of a lot of this stuff. We key on different things. The Idea that this SO missed so much is the reason why hadit is so good sometimes.

I think it is always best to work in groups and committee. On this board we can do this. This is the way we worked when I studied psychology at UCLA. The interaction of opinions is what leads to progress. The DSM is written by committees. I often tell people the best way to learn is to go to a school where they make you work in groups. That is how you learn.

[Hoppy]

Berta,

I have been working on a post for about a week now that I should post soon. It talks about the situation where only one event is noted and the VA claims that the one event is not sufficient for service connection. Josephine had to have some symptoms. The Navy just did not give out these discharges. I was there and knew several people who were given early out due to unsuitability. Alex made a comment many years ago that the VA hated to service connect people who were given discharges for immaturity and personality disorders. I think that it has gotten better from the days Alex made this comment. The BVA remanded Josephine’s claim. I think they would have denied it 10 years ago. That is my opinion.

A single notation is sufficient for service connection if a medical opinion exists that says that the symptoms were part of an ongoing condition that continued. Whether or not the subsequent post service treatment that is linked to the in-service symptoms began 1 year or 20 years after service is a medical determination that can only be made by a doctor. Especially in a psych claim for resons I explained in an earlier post. Basically psych conditions can take decades to diagnose. Adjudicators tend to think they can make this assessment and do not even seek medical opinions to determine continuity of post service treatment and symptoms. They routinely deny claims without seeking a medical report to address the continuity of post service symptoms issue. This could also fall into the category of a resolution of diagnosis and is what the BVA might have been getting at with the remand.