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Finally A Decision, "denied"


vetswifeIndy

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Reasons for Decision

1. Service connection for anxiety disorder, NOS )claimed as post traumatic stress disorder.

In order to establish service connection for posttraumatic stress disorder )PTSD), VA must have medical evidence supporting a clear diagnosis of the condition, credible evidence that the claimed in-service stressor actually occured and medical evidence a link between the current symptomatology and the calimed in-service stressor.

If the claimed stressor is related to combat, service department evidence that the beteran engaged in combat or that the veteran was awarded the Purple Heart, Combat Infantryman Badge, or similiar combat citation will be accepted, in the absence of evidence to the contrary, as conclusive evidence of the claimed in-service stressor. Additionally, if the claimed stressor is related to the claimant having been a prisoner-of-war, prisoner-of -war experience satisfies the requirements in the absence of evidence to the contrary, as conclusive evidence of the claimed in-service stressor.

Pursuant to the amended rules of new 38 CFR3.304 (f)(3), service connection for PTSD may be granted if the evidence demonstrates a current diagnosis of PTSD (rendered by an examiner specified by the regulation ); as in -srvice stressor consistent with the places, types, and circumstances of service (satisfactorily established by lay testimony) has been medically related to the fear of hostile military or terrorist aactivity by a VA psychiatrist or psychologist, or one contracted with by VA; and the PTSD symptoms have been medically related to the in-service stressor by a VA psychologist, or one contracted with by VA.

Review of your service records does not show you engaged in combat with the enemy, or were treated for PTSD or other mental health disability while in service. You are claiming PTSD as a result of your service in Vietnam. This information meets the criteria as allowed under the amended rules related to the fear of hostile military or terrorist activity, therefore a VA examination was requested.

The examiner determined you do not have a diagnosis of PTSD. A diagnosis of PTSD must meet all diagnostic criteria as stated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. The evidence does not show a confimed diagnosis of PTSD related to military service which would permit a finding of service connection.

The examiner found you have a diagnosis of Anxiety Disorder, NOS. The availiable evidence is insufficient to confirm a link between current diagnosis of Anxiety Disorder, NOS and an in- service stressr. We have determined the information required to corroborate the stressful events you have described is insufficient to send to Joint Services Records Research Center and insufficient to allow for meaningful research, We are not able to verify in-service stressors related to military service and your current diagonsis, therefore service connectioon for Anxiety Disorder. NOS (claimed as post traumatic stress disorder) is denied.

What is ironic about this ruling is. my husband has been on MH meds for years. Has seen VA psychiatrist and psychologist for a couple of yrs, now.

VetswifeIndy

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  • HadIt.com Elder

Appeal! My good friend in Vietnam got 30% for PTSD just on his word and his appearance. He was one nervous guy and depressed guy in Vietnam I know that. He ETS'ed right out of Vietnam so he had no mental health record in service that I know of unless in basic or AIT.

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what is the diagnosis of his VA dr? PTSD or anxiety? If he says PTSD then this c&p is not valid. The c&p doc should have determined if your husbands PTSD was related to service or not. He should not have changed the diagnosis.

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You need to go to the ROI and get his a copy of his medical records and a see what DX he has and then see what meds he was taking.

If there is no DX of PTSD by any of his doctors then it will not fly.

Good luck to you! Stillhere

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Thanks everyone for your input and advice. We will be getting records from VA MH Dr. to see exactly what the diagnosis is/was. My husband can't remember exactly, he knows they said PTSD & anxiety but, doesn't know what the doc put in records.

He was on Celexa for years until heart problems got worse. Cardio doc thinks that is what caused his afib so they stopped it and put him on mirtazapine.

We will continue on.

VetswifeIndy

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