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

[Hoppy]

Berta,

One thing I just noticed and I forgot to mention, and only Josephine would know the answer to this has to do with the swimming isssue. It is my recollection that you had to pass the swimming test or they would discharge you. Now if she was discharged because she did not pass the swimming test then the SMR could be silent for the anxiety problems. Hopefully they will accept the doctors statement that he gave her tranquilizers in the military. I have never heard of a doctor writting a letter twenty years later. They might want his original notes and records showing that tranquilizers were prescribed. Just my thoughts

[Hoppy]

Whoops,

On second thought the swimming test would have been something that was an issue during the first several months of service.

[Berta]

You bet-Hoppy- in the Corps ( up to at least 1970- the Corps has changed)

what Marines told me is that in Boot Camp you were ordered to swim so you swam-

no matter whether you knew how to or not-

I heard that DI got off in the 1970s-without Court Martial etc- (ordered some Marines into the swamps there on Parris Island and some died) I heard he got no charges filed against him because he did not give them orders to die.

Josephine- if you have more SMRs -because the BVA said they had some but not all-

have you sent them to the VARO or is the VARO actively getting them for you?

[Josephine]

Whoops,

On second thought the swimming test would have been something that was an issue during the first several months of service.

Finally in boot Camp I was classified as a class C swimmer. After being jerked out of class for weeks, Doris and I had to go to that darn olympic pool. I have no ideal of which one of us was the most terrified. They made us jump from the high dive into the pool and believe me there was no one around to save us. I drank more water and enough to do me for months. The last time that I saw Doris she was lying on the right side of the pool not breathing and they ordered me to leave. I never saw her again. They gave up on me and showed me how to float down the pool and screaming at me all the time.

Missing SMR'S.

I was discharged by a compentency review board with the assistance of Dr. B. and with a letter from my commanding officer, and a chaplain. this would have been in 1964.

I filed for benefits in 1978 and the Va did not ask for any mental of psychiatric records and did not secure any.

They state that I filed again in 1992, not true. This never happened. I filed again in 2002 and was turned down again, but was given a pension of 100% disability in 2003.

I then wrote to the St. Louis Archives and ask about the Compentency Review Board Hearing and any mental records on me. They sent them to me and they said that the R.O had never requested these records.

The BVA is wanting a search to see if there are any more records and there are not.

Dr. B wrote the letter 40 years after discharge, as I called him and send to him all of his military sick bay records and the letters by the physchiatrist on that board.

My sick bay records state that he gave me caffergot for a headache. librium for nerves and assisted me with my early discharge.

He is not telling the Va anything that they didn't have a record of themselves.

I left servive taking librium, and started it again in 1967 - 3 years after dishcharge. I could not take these meds as I was pregnaant. Dr. L the lady Psychiatrist lied and falsfied my medical records on the military and civilian side.

The remand states.

7. After the above development has been

completed, the veteran's claims file

should returned to the board of VA

psychiatrists who participated in the

April 2005 examination for clarification

of the provided opinion. They should be

requested to review the record and

reconcile their opinion as to etiology in

light of the evidence added since their

examination of the veteran, including the

May 2005 statement of Dr. B C.

and the January 2006 statement of

Dr. M. P.

I have not and will say again, never been diagnosed for a personality disorder of any kind, with 42 years of medical records at the BVA. just Dr. L. the lady Psychiatrist. She took a textbook and placed me in it with eating disorder, instead of severe diabetic. self inflicted injuries. not true. It goes on and on with her lies. She can answer to the BVA or the Board of Medicine why she falsified my records.

Thanks,

Josephine

[Josephine]

You bet-Hoppy- in the Corps ( up to at least 1970- the Corps has changed)

what Marines told me is that in Boot Camp you were ordered to swim so you swam-

no matter whether you knew how to or not-

I heard that DI got off in the 1970s-without Court Martial etc- (ordered some Marines into the swamps there on Parris Island and some died) I heard he got no charges filed against him because he did not give them orders to die.

Josephine- if you have more SMRs -because the BVA said they had some but not all-

have you sent them to the VARO or is the VARO actively getting them for you?

Berta,

I wrote to the St. Louis Archives and secured for the BVa all of the Personel Records that they had on me. They said that they had no more medical records, for the BVa had all in my claims file. The BVa cannot understand how my mental and psychiatric records and the letter from the commanding Officer were never secured or even asked for by the R.O on all of my filing dates. When I ask the R.O where they were , they thought that I was crazy. They said the records were complete. That would have been in 2003 and I immediately wrote to the archives and they sent me the compentency review board records of two psychiatist and the commanding officer. I immediately turned them into the R.O and my claims file was re-opened back to my first filing date. I was immediately sent a Statement of the Case which stated," this is not the DRO's final decision with a form 9, which I had to fill out within 60 days which I did, but was notified of the C&P with the Phychologoist in 2004. He connected me to service with Generalized Anxiety.Josephine

Edited August 11, 2006 by Josephine

[Hoppy]

Josephine,

It is my guess that the code 640 is the old DOD code or BUPERS code for a personality disorder. It really does not matter what they call it. It is not what you had and its is not what you have today. This post is more to explain how the VA has delt with the personality disorder problems in the 70's and 80's. Hopefully it might clarify how the VA has treated you and give you some understanding of what might have happened to the paper trail for your claim over the years.

The military causes many different types of stress for different people. They need to recognize their responsibility to care for all veterans. You keep saying that you were not diagnosed with a personality disorder. However, emotionally unstable personality is what I recall was stated at the time of discharge. This is often refered to as a personality disorder. I have seen other veterans with the same diagnosis and the same unsuitability discharge. The VA refused to service connect them saying that it was a personality disorder. If you can find some of the early denial letters they might show how the VA intrepeted that diagnosis. Usually there is a statement to the effect that the VA does not service connect personality disorders thus the claim is denied. Many times they make this denial within one year of your discharge even though you do not request service connection for the condition. Many veterans forget that the the VA made the denial right after their discharge because they did not even ask for it to be service connected.

Later when the veteran asks for service connection of an acquired psychiatric condition the VA considers it a re-opened claim and deny it becuse the veteran did not submit new and material evidence with the claim. Before the days of the VCAA they purposefully wrote denials in such a manner as to not tip you off as to how to advance the claim. You have to read between the lines and or have very specific knowledge of the VA system to understand how and why it was denied.

I have discussed this entire process of discharge with several VA employees who were involved in the claims process. They all knew it was a scam by the military doctors and VA to limit the governments liability. They worked real hard on these types of claims and did win them.

It sounds like you have the evidence in the SMR's you need. Every thing I say sounds like it is coming from a crazy person to some people. I got a GAF of 41 from Social Security just by telling a psychiatrist the lifestyle I developed to manage my angioedema. What the psychiatrist did not know was that the plan to manage the angioedma was medically prescribed by a doctor who treated me for the angioedema. The psychiatrist never asked me why I lived the way I did and they did not tell me to bring any medical records with me to the psychiatrist appointment. Later I told the VA I had a medical condition that mimicked a psychiatric condition. I do not really lose any sleep over what other people think. I lose sleep over the fact that I have a disease that ambushes me and requires life saving emergency medical treatment to control the symptoms.

I did Live with a PTSD veteran and put a roof over his head for several years while the VA tried to say he was schizophrenic and could not be service connected. What a crock that was. Eventually, he was service connected. He had such lapses of judgement that I would not get in a car he was driving. He owned a boat with dual gas and transmission controls and he could not drive it becuase it was to complex for him. He would be walking down the street with his keys in his hand a drop them and not even know he dropped them. I grew up with the guy and knew how he functioned before and after he went to Viet Nam. I have had close associations with veterans since 1970. I try to help when ever I can. It does not matter to me what the disability is or how it developed. I am of the opinion that there were people in the VA who were openly hostile and advisarial to your type of claim. Keep fighting them. You have strong evidence.