ptsd Need Help With Claim..all Info Inside ....

[chrome_305]

My story, Its long but its detailed....

------------------------------------------------------DENIED CLAIM---------------

I am currently receiving the NSC pension I didn't even know anything about it until early 2011 it took me only six month to get the whole process done. Should I file for IU and P&T or one over the other?

At my very first C&P in Dec 2005.I told him about my time in Iraq and the whole nine yards. I was diagnosed with Dysthymic Disorder. I was discharged from the service in Sept 2005. A couple months later I found out my local VA had mental health help and I started seeing a Doc.

Since then I have been in and out of the VA mental center plenty of times. My VA psychiatrist has Baker acted me on four separate occasions since 2009. Currently I am on Depakote 500mg two at night. My VA psychiatrist has put me on many meds. I checked my records a few days ago and my VA doc has written that I had PTSD then a few months and visits later she changed it to Bi-polar disorder.

I have been trying to get a service connection rating above 0% which is what the VA has given me since I was discharged in 2005. Should I open a claim for Bi-polar disorder or try to get the VA to re-rate my Dysthymic disorder? How do I get the VA to acknowledge my mental illness? I don’t understand how I can get NSC pension and treatment/ meds for my disorder but not have them rate my mental illness above zero. I regret not seeing a mental health while I was in service, but I was diagnosed at my C&P within 3-4 months of being discharged you would think the VA could put 2 & 2 together.

Here is pretty much my last decision below(I currently have a SC appeal going for things that are not service connected.) If someone could help me out I would be grateful. I just found this website and it has given me more information than anyone at the VA.

------------------------------------------------------Last Rating Decision---------------

The records reflect that you are veteran of the gulf war era.
Decision
1.) The claim for service connection for dysthymic disorder remains denied because the evidence submitted is not new and material.
2.) Entitlement to service connection for treatment of dysthymic disorder specified under 38 U.S.C 1702 is granted.

Reasons:
1.) Evidence is not new...Rating decisions dated June 13, 2006, Feb 6, 2008, and April 24, 2008, denied service connection and continued the denial of SC as the condition neither occurred in nor was caused by service.
2.) Service connection for dysthymic disorder for the purpose of establishing eligibility to treatment.
Entitlement to service connection for treatment of dysthymic disorder specified under 38 U.S.C 1702 is granted.
A determination of service connection under 38 U.S.C 1702 is for the purpose of providing eligibility for hospital and medical treatment for veterans of gulf war service who have develop a mental disorder during or within two years from the date of separation from such service or within two years of the end of the war period, whichever is earlier.
Treatment reports from Bay Pines VA dated Dec 13 2005 to Aug 20, 2010 were reviewed. Mental disorders examination on May 31 2006 notes an Axis I diagnosis of Dysthymic disorder.
You were discharged from the military on Sept 30 2005. Entitlement to treatment is established because a mental disorder was diagnosed within the required period of time.

Subject to Compensation (1.SC)

• Residual of fracture of the left ring finger with pinning, to include post traumatic arthritis with ankylosis of the distal interphalangel joint (Dominant)

Service Connected, Gulf War, Incurred
0% from 2005

• Chest wall syndrome, claimed as chest pain, tightness and difficulty breathing

Service connected, Gulf War, Incurred

0% from 2005

• Syscosis barbae, claimed as razor bumps of the face

Service connected, Gulf War, Aggravated
0% from 2005

• Combined Evaluation for compensation

0% from 2005
Not service connected/Not subject to compensation (8.NSC Gulf War)
Intermittent Low Back pain
Hearing loss, Left Ear
Tinnitus
Rash on Chest
PTSD/other/unknown-PTSD
Dysthymic Disorder
Treatment Purposes only
Dysthymic Disorder
-Active psychosis/GW mental, SC for treatment Only

-----------------------------------------------------NSC pension---------------

Also to get the NSC pension which I am receiving it says
In addition to meeting minimum service requirements, the Veteran must be:

• Age 65 or older, OR
• Totally and permanently disabled, OR
• A patient in a nursing home receiving skilled nursing care, OR
• Receiving Social Security Disability Insurance, OR
• Receiving Supplemental Security Income

-------------------------------------------- Recent events----------

I went and got some new copies of my records and in my C&P(one & only C&P) notes I found new things. Like it has a diagnosis of Neutropenia. In 2008 I found some hematology report that says...

Tests:
Completed by my VA Physician and the VA Health care system:

• Diagnostic and Clinical Tests: C&P VA/Dec 16, 2005: Neutropenia
• Hematology Report: VA Doctor on or around 09/08, 2012: States the Hematology as persistent leukopenia, now with mild thrombocytopenia.

I was discharged from service in Sept 05 I have a diagnosis for Neutropenia and some other things added on my one and only C&P exam. The report was made based on records from 12/05. The report also says ..."In summary then, the medical evidence supports the current disability claim. The medical evidence supports the ocurrence in military service and the medical evidence supports a nexus between injury and his current disability." this report is signed on 6/06.

-------------------------------------------My Q's----------

What do some you know?

As far as my chances with the VA. I know its aways a long wait but does my case look good?

Also why didnt the VA file a claim for me for most of the conditions I found in my C&P exam like neutropenia?

Can I claim some of the conditions like Neutropenia, thicking of Mitral valve, as secoundary to the chest pain or open new claims since some of those things are on my 1st C&P report from 2005.

--------------

If you need more information please ask. I know its a long read but I hope some people here can help. Those with any experince in this situation

TY

Edited March 14, 2013 by chrome_305

[chrome_305]

Can I get a little help or guidance...

[broncovet]

This sounds very close to the decision conflicting itself: You posted:

Decision
1.) The claim for service connection for dysthymic disorder remains denied because the evidence submitted is not new and material.
2.) Entitlement to service connection for treatment of dysthymic disorder specified under 38 U.S.C 1702 is granted.

Does anyone else get this conflict? This shouts "file a Nod" pretty loud, tho Berta may suggest asking the VA to Cue itself. How can the same condition (dysthymic disorder) be both denied and granted in the same decision? I guess the tie goes to the Vet? I wonder if the person writing this decision knew how to read, or if he used "color coded" rubber stamps "denied" and "granted" and got them mixed up and used both stamps.

To answer SOME of your questions:

Given what you posted, at zero percent, you are unlikely to get IU without an increase first. The good news is that IU and your increase can occur at the same time.

Did you submit "new" (not previously submitted) and "material" evidence to reopen? If you did, then maybe the VA did not read it. You can file a NOD and dispute this finding if you have good cause.

If, however, your evidence was duplicative or redundant, then I would not do this and seek "another route" to your benefits. What was the reason your decision gave for NSC pension? You have to either be over 65, or have a disabling condition (not service connected) to get NSC pension. Do you have a nexus for this condition? If you do, appeal, if you dont, then you need an IME/IMO.

[JT24usn]

http://www.law.cornell.edu/uscode/text/38/1702

For treatment purposes only. Rated for vamc purposes not RO rating purposes. Jmho

[chrome_305]

This sounds very close to the decision conflicting itself: You posted:

Decision

1.) The claim for service connection for dysthymic disorder remains denied because the evidence submitted is not new and material.

2.) Entitlement to service connection for treatment of dysthymic disorder specified under 38 U.S.C 1702 is granted.

Does anyone else get this conflict? This shouts "file a Nod" pretty loud, tho Berta may suggest asking the VA to Cue itself. How can the same condition (dysthymic disorder) be both denied and granted in the same decision? I guess the tie goes to the Vet? I wonder if the person writing this decision knew how to read, or if he used "color coded" rubber stamps "denied" and "granted" and got them mixed up and used both stamps.

To answer SOME of your questions:

Given what you posted, at zero percent, you are unlikely to get IU without an increase first. The good news is that IU and your increase can occur at the same time.

Did you submit "new" (not previously submitted) and "material" evidence to reopen? If you did, then maybe the VA did not read it. You can file a NOD and dispute this finding if you have good cause.

If, however, your evidence was duplicative or redundant, then I would not do this and seek "another route" to your benefits. What was the reason your decision gave for NSC pension? You have to either be over 65, or have a disabling condition (not service connected) to get NSC pension. Do you have a nexus for this condition? If you do, appeal, if you dont, then you need an IME/IMO.

Im not 65 no where close and I think I got the Non compensation becuase I am under the poverty amount. I was making $0 dollars. It says in my first CP exam that the conditions where cuased why in military when I got the dysticmic diagnosis. I do go to my va rep at the VA clinic but he does nothing. The things he do I can do myself eg: He just open claims and sends them.

It looks like the VA is bumbing heads with me. I dont know what more evidence they need since all the evidence is there to grant a higher rating. They the VA are just not looking at it or something.

[chrome_305]

Chrome,

Are you represented by any organization?

My organation is a fail. It takes 3hr to see the DAV rep and then just 10min to send a form I can send myself. They dont give any guidence or anything.

[chrome_305]

Do you think so? Because the VA has the mental disorder as non-service connected when the C&P exam says other wise. I should get the benifit of the doubt though correct?