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

[john999]

Hoppy

I am sure the military and the VA screwed many thousands of veterans out of benefits for PTSD with the personality disorder thing. If you look at someone with PTSD without understanding their medical and social history you could jump to a conclusion that they were emotionally unstable. That is if your intention is to manufacture a diagnosis so you don't have to pay compensation.

[Hoppy]

John,

Another thing to consider is that PTSD spawns personality disorders. There are many veterans who took MMPI's that showed the personality disorders and the MMPI's had not been developed to identify PTSD. I am not sure what year the MMPI's made the changes.

Any veteran who has a was denied for a personality disorder and has the current diagnosis of PTSD can get the personality disorder rated as secondary to the PTSD. The tests are not designed to tell when the condition started. They are cross sectional studies and only tell what is going on at the time of the test. It is a piece of cake getting the previous personality disorder diagnosis trashed or determined as secondary to the PTSD. You just need to find doctors or SO's who know the game. There are doctors who know the VA's games and help veterans.

The problem is that many of them never appealed. I hear from veterans who have recently went to the VA for the first time in decades because they are getting older and have medical conditions. They ask on the form before they see the primary docotor how much alcohol they drink. The primary doctor freaks out becuse the veteran is drowning himself with alcohol and asks if he is a combat veteran. Then send him right to the PTSD program.

[Josephine]

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.

Hoppy.

I am going to continue to fight them. I am sure that they are waiting for me to give up, but what have I got to lose by hanging in. They are not affecting me at all. With my age, I am sure that they thought that I would, but I feel that we are playing a game of Chess and one of is going to holler "Check Mate"!

Josephine