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

[JT24usn]

"Service connection for a psychiatric disorder, including

bipolar disorder and schizoaffective disorder, is granted"

Which would fall under psychosis 3.309(a). Otherwise an IMO will be needed for depression that doesn't fall under 3.309(a). Jmho

Dot09. I'm confused? Are we on the same page?

I was just answering that the rating of 1702 is for medical assistance only and can't be argued for grant for treatment and sc for it. Again jmho.

Dysthymic disorder is a depressive mood disorder characterized by a chronic course and an insidious onset. Many people with dysthymia describe lifelong depression. I would send in a NOD through the DRO process requesting a hearing. I am doing something very similar to yours. I was just sent a letter for a hearing this month. I sent in a Nod back in Jan 2012. See if your VA psych dr. will fill out the dbq and a short letter in support of claim. I scanned only the copies that pertained to mh in service and the first time I was diagnosed out of service. If he does not provide a nexus or dirrect service then you have a presumptive claim.

I dr. blank have reviewed the veterans smr's and Va progress notes. It is my clinical opinion that this veteran suffers from Menatl description and (it is more than likely not or at least as likely not) the veterans symptoms onsetted in his military service. ect ect with Dr. rational of your conditon......

BVA claim for presumptive.. Get a connection first and then go from there.

Citation Nr: 0721255

Decision Date: 07/16/07 Archive Date: 08/02/07

DOCKET NO. 05-07 788 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in Atlanta,

Georgia

THE ISSUE

Entitlement to service connection for a psychiatric disorder,

diagnosed as bipolar disorder and schizoaffective disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

A. Lindio, Associate Counsel

INTRODUCTION

The veteran had active service from August 1992 until

November 1992 in the Navy, May 1996 until October 1996 in the

Army National Guard, and from June 2002 until October 2003 in

the Army.

This matter comes before the Board of Veterans' Appeals (BVA

or Board) on appeal from a May 2004 rating decision from the

Department of Veterans Affairs (VA) Regional Office (RO) in

Cleveland, Ohio.

FINDINGS OF FACT

1. The veteran is presumed to have been of sound condition

when she entered service.

2. A psychiatric disorder was diagnosed within the year

following the veteran's service and is presumed to be

causally or etiologically related to service.

CONCLUSIONS OF LAW

1. The presumption of sound condition is not rebutted in

this case; therefore, a psychiatric disorder cannot be said

to have existed prior to the veteran's entry into active

duty. 38 U.S.C.A. §§ 1111, 1153 (West 2002); 38 C.F.R. §§

3.304, 3.306 (2006); VAOPGCPREC 3-03 (July 16, 2003); Wagner

v. Principi, 370 F. 3d 1089 (Fed. Cir. 2004).

2. The criteria for a grant of service connection for a

psychiatric disorder, including bipolar disorder, have been

approximated. 38 U.S.C.A. §§ 1101, 1110, 1137, 5103A, 5107

(West 2002); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304 (2006).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Duty to Notify and Assist

Before addressing the merits of the veteran's claim on

appeal, the Board is required to ensure that VA's "duty to

notify" and "duty to assist" obligations have been

satisfied. See 38 U.S.C.A. §§ 5103, 5103A (West 2002);

38 C.F.R. § 3.159 (2006). The notification obligation in

this case was accomplished by way of letters from the RO to

the veteran dated in December 2003 and August 2004.

The RO also provided assistance to the veteran as required

under 38 U.S.C.A. § 5103A and 38 C.F.R. § 3.159©, as

indicated under the facts and circumstances in this case.

The veteran and her representative have not made the RO or

the Board aware of any supporting information not in the

record of evidence that needs to be obtained in order to

fairly decide this appeal. Mayfield v. Nicholson, 19 Vet.

App. 103 (2005), rev'd on other grounds, 444 F.3d 1328 (Fed.

Cir. 2006). Under Dingess v. Nicholson, 19 Vet. App. 473

(2006), VA must also provide notice that an effective date

for the award of benefits will be assigned if a higher

evaluation is awarded. Although the RO did not advise the

veteran of such information, because the claim is being

granted, the RO will, upon issuance of this decision, assign

a disability rating and an effective date for service

connection. Given the results favorable to the veteran,

further development of the claim or other law would not

result in a more favorable result for the veteran or be of

assistance to this inquiry.

Merits of the Claim

The veteran seeks service connection for a psychiatric

disorder, which she argues developed during service. Having

carefully considered the claim in light of the record and the

applicable law, the Board is of the opinion that the evidence

supports the claim and that the appeal will be granted.

Under applicable law, service connection is granted if the

evidence establishes that coincident with her service, the

veteran incurred a disease or injury, or had a preexisting

injury aggravated, in the line of duty of her active service.

38 U.S.C.A. § 1110; 38 C.F.R. § 3.303(a). Service connection

may also be granted for certain chronic diseases, when such

disease is manifested to a compensable degree within one year

of separation from service. 38 U.S.C.A. §§ 1101, 1112, 1113,

1137; 38 C.F.R. §§ 3.307, 3.309. That an injury or event

occurred in service alone is not enough. There must be

chronic disability resulting from that injury or event. If

there is no showing of a resulting chronic condition during

service, then a showing of continuity of symptomatology after

service is required to support a finding of chronicity.

38 C.F.R. § 3.303(b). Service connection can also be found

for any disease diagnosed after discharge, if all the

evidence establishes it was incurred in service. 38 C.F.R.

§ 3.303(d). Where a veteran served for at least 90 days

during a period of war or after December 31, 1946, and

manifests certain chronic diseases, including psychoses, to a

degree of 10 percent within one year from the date of

termination of such service, such disease shall be presumed

to have been incurred or aggravated in service, even though

there is no evidence of such disease during the period of

service. 38 C.F.R. §§ 3.307, 3.309.

Service connection requires that the evidence establish: (1)

medical evidence of a current disability, (2) medical

evidence, or lay testimony in some cases, that the injury or

disease was incurred or aggravated during service, and (3)

medical evidence of a nexus between the current disability

and the in-service injury or disease. Pond v. West, 12 Vet.

App. 341 (1999); Caluza v. Brown, 7 Vet. App. 498 (1995).

A veteran is presumed to be of sound condition except for the

defects noted when examined and accepted for service.

38 U.S.C.A. § 1132. In VAOGCPREC 3-2003, the VA's General

Counsel determined that the presumption of soundness is

rebutted only where clear and unmistakable evidence shows

that the condition existed prior to service and that it was

not aggravated by service. The General Counsel concluded that

38 U.S.C.A. § 1111 requires VA to bear the burden of showing

the absence of aggravation in order to rebut the presumption

of sound condition. See also Cotant v. Principi, 17 Vet. App.

116, 123-30 (2003); Wagner v. Principi, 370 F.3d 1089 (Fed.

Cir. 2004).

The evidence indicates that the veteran is diagnosed with a

psychiatric disability, including bipolar disorder and

schizoaffective disorder. Therefore, the question is whether

the evidence supports a finding that the veteran's disability

was incurred coincident with her time in service or within

the one year presumptive period following service.

Although the claim has been denied on the basis that the

veteran's disorder preexisted military service, the Board

finds that the veteran was in sound mental condition when she

entered active military duty in August 1992, May 1996 and

June 2002. It is noteworthy that no documents generated

prior to the three distinct periods of military service (in

particular the May 2002 examination report) indicate that the

veteran had a diagnosed, pre-existing disorder. Nor can it be

found that the veteran's release from active duty, either in

November 1992 from the U.S. Navy or in October 1996 from an

initial period of training for service in the Army National

Guard was in any way connected with psychiatric symptoms. The

record indicates that the veteran was released from active

duty in the Navy because she failed to learn how to swim; she

was released from her initial period of training in the Army

because she completed basic training and schooling in her

military occupational specialty.

The veteran's May 2002 report of medical examination

indicates that the veteran was deemed fit for service. No

notations were made in that report and no other evidence of

record pre-dating that report indicate that the veteran had a

mental disorder or was not of sound mental condition. Thus,

she is presumed to have been of sound condition. 38 U.S.C.A.

§§ 1111, 1132; Crowe v. Brown, 7 Vet. App. 238, 245 (1994).

The veteran's service medical records do not mention any

psychiatric symptoms or diagnoses until December 2002, when

it was noted that the veteran had anxiety or depression under

temporary (minor) problems. The service medical records

generally indicate that the veteran was prescribed

psychiatric medications, to which she had adverse reactions,

and received psychiatric therapy throughout the remainder of

her service. The veteran was eventually assessed as having a

personality disorder.

The veteran's DD Form 214 indicates that she was discharged

due to her personality disorder in October 2003. The law

provides that personality disorders are not diseases within

the meaning of applicable legislation providing for payment

of VA disability compensation benefits. See 38 C.F.R. §

3.303©, Part 4, § 4.9 (2005); Winn v. Brown, 8 Vet. App.

510, 516 (1996). Personality disorders are considered to be

congenital or developmental disabilities for which service

connection may not be granted. See 38 C.F.R. §§ 3.303, 4.9,

4.127.

However, the medical evidence following service includes a

period of hospitalization at Berkshire Hospital in October

2003, a few days after her discharge, where she first

received a primary diagnosis of bipolar affective disorder,

unspecified. The veteran also received a diagnosis of

schizoaffective disorder from her consulting psychologist,

J.R., PSY. D., before being transferred to the acute

psychiatric unit of the VA Medical Center in Leeds, in

November 2003, where she was diagnosed with bipolar disorder,

hypomanic type.

The veteran was provided a VA examination in December 2003

and was diagnosed with bipolar disorder, as well as, an

unspecified personality disorder, with mixed features of

schizoid, borderline, and histrionic qualities. The veteran

was admitted to Kino Community Hospital in March 2004, due to

anxiety and suicidal ideation.

These diagnoses and treatments for a psychiatric disorder

occurred within a year of the veteran's separation from

service and raise a presumption that if a psychiatric

disorder (not a personality disorder) was then present, it

would have been caused by active military service. 38 C.F.R.

§§ 3.307, 3.309.

The veteran was provided another VA examination in May 2005,

where she was diagnosed with schizoaffective disorder, with

strong paranoid features and a borderline personality

disorder. Although the VA examiner found it more likely than

not that the veteran's schizoaffective disorder predated her

military service, it is clear that the opinion was based upon

the veteran's unsupported and unsubstantiated account of pre-

service symptoms - the substance of which was that when an

adolescent, the veteran consulted a mental health care

professional for counseling. There is no evidence of record

indicating the nature of the veteran's pre-service symptoms,

complaints, or diagnoses.

Usually in the context of a veteran reporting to a medical

examiner that a disorder was incurred in service, or that

relevant symptoms occurred in service, the law has held that

the mere transcription of medical history does not transform

the information into competent medical evidence merely

because the transcriber happens to be a medical professional.

Leshore v. Brown, 8 Vet. App. 406, 409 (1995); see Swann v.

Brown, 5 Vet. App. 229, 233 (1993) (generally observing that

a medical opinion premised upon an unsubstantiated account is

of no probative value, and does not serve to verify the

occurrences described); Reonal v. Brown, 5 Vet. App. 458, 461

(1993) (the Board is not bound to accept a physician's

opinion when it is based exclusively on the recitations of a

claimant).

The essential rationale of the holdings of Leshore, Swann and

Reonal apply to this case. The May 2005 VA examiner based

his opinion on a medical history that indicated that the

veteran had a difficult childhood with mood swings, depressed

mood, anger, hallucinations, and explosive temper. However,

a complete medical history has not been documented or

verified by all the relevant records, including those that

would contemplate the veteran's mental health prior to

service, when she underwent therapy. In the veteran's August

2004 21-4142, she admitted to seeing psychiatrists as a

child, but claimed that they had not diagnosed her with a

psychiatric disorder. Since those records were not available

for the VA examiner to review, he could not give a fully

informed opinion on the etiology of the veteran's disorder.

While the VA examiner determined the veteran to not have been

of sound condition when she entered service, the finding is

unsubstantiated because there is no competent evidence

supporting it. The veteran is therefore found to have been in

sound mental condition at the time she entered active

military duty.

Since the presumption of soundness has attached, VA holds the

burden of proving under the clear and unmistakable evidence

standard that the veteran's disorder pre-existed service and

was not aggravated by service. VAOGCPREC 3-03.

As noted above, the veteran was diagnosed in October 2003

with bipolar affective disorder and schizoaffective disorder.

There being no probative basis to find that the veteran's

disorder preexisted military service, service connection will

be granted.

ORDER

Service connection for a psychiatric disorder, including

bipolar disorder and schizoaffective disorder, is granted.

____________________________________________

VITO A. CLEMENTI

Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs

Edited March 28, 2013 by T8r

[JT24usn]

"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 dont 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."

So what you posted you aren't 0 percent sc for dysthymic disorder but 0 percent NSC for dysthymic. They have to rate it for pension purposes too for someone under age 65 in order for you to get rates as permanent and total, or as you put it unemployable. Sounds like you will need an IMO for the dysthymic / PTSD /

Bipolar. The 1702 is for treatment purposes see below posts. Jmho.

Sorry about repeating the obvious bit trying to stay in track.

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 dont 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

[JT24usn]

Considered under 3.309(a)

Definition

pl. psy·cho·ses (-sz) KEY

A severe mental disorder, with or without organic damage, characterized by derangement of personality and loss of contact with reality and causing deterioration of normal social functioning.

Schizophrenia and Other Psychotic Disorders

9201 Schizophrenia, disorganized type General Rating Formula

9202 Schizophrenia, catatonic type

9203 Schizophrenia, paranoid type

9204 Schizophrenia, undifferentiated type

9205 Schizophrenia, residual type; other and unspecified types

9208 Delusional disorder

9210 Psychotic disorder, not otherwise specified (atypical psychosis)

9211 Schizoaffective disorder

Depression probably won't win under it but a simple IMO sounds promising. Jmho.

Last post on it too. Dot09 I to will agree to disagree. Hope the gent gets it either way.

"Service connection for a psychiatric disorder, including

bipolar disorder and schizoaffective disorder, is granted"

Which would fall under psychosis 3.309(a). Otherwise an IMO will be needed for depression that doesn't fall under 3.309(a). Jmho

Dot09. I'm confused? Are we on the same page?

I was just showing you an example of a BVA case that shows Bi Polar/depression as a presumptive sc. Bi polar is a depressive disorder. Just like his dysthmia is a depression disorder. You stated, "Depression does not fall under psychosis and can't be looked at within one year under 3.309(a)". I respect your opinion, but well just have to agree to disagree.

I was just answering that the rating of 1702 is for medical assistance only and can't be argued for grant for treatment and sc for it. Again jmho.

Edited March 29, 2013 by T8r

[chrome_305]

You need to do the following: Stop: Take a deep Breath: Gather All records: Fire the DAV: Get an Attorney: Don't just get any attorney. Get Bergmann Moore, Ron Abrams, Doug Rosinski or someone who is an expert in how the VA operates.All these folks are Pro Bono. Getting someone who says they know the VA but actually doesn't would be like getting Sonny Bono.

You need to also get more agressive and be proactive on you claim.

J

I know I need to find a new VA rep. The thing that bothers me is that my first C&P say the conditions started in service and that is listed in two different locations in the report. Can the VA just do there own thing and ignore those statement? It seems that they skip the parts that would support my claim. It also seems that they are not using any of there regulations as far as presumptive and benefit of doubt for vets. Well since 05 I have been Baker acted over four times for SI & HI. The VA doc have diagnosed me with PTSD & Bi-polar since I left service. The VA just seems to use the "need more evidence" trick to stall it seems. I mean what mor evidence do they need. It was less than 4 months that I was out of service and had a diagnosis from a C&P examiner. My last year of service I was in Iraq I mean I dont understand what they want.

Thanks you all for your help.

==============================================================

Chrome: “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 joined in 2001.I was discharged from the service in Sept 2005.“

Berta: When did you enlist into the service?

Chrome: I enlisted from sept 01-sept 05

Berta: Broncovet is right:

“He said that he is 0% percent.. Its not a question of being service connect, but rather a question of his severity. “

Yes and whether his disbility raised to a compendable level within one year after service (38 CFR 3.309)

Berta: Do you receive SSI ? If so what is the SSI diagnosis? (then again the NSC pension would offset the SSI or vice versa)

Chrome: SSI said that there is a possibility I did not get approved for SSI because I am recieving another thing which I would guess is the pension. So no SSI for me.

Berta: What were you Baker acted for? Where were you hospitalized due to Baker Act?

Chrome: My VA doc baker acted me because I had suicidal/homicidal feelings almost OD on meds and she thought it would be best for me. It happen more then once in regards to being baker acted. I was hospitalized at VA hospital but

Berta: Did the VA have those medical records?

Chrome: I don't think they had those records at the time of the decision but they had all other evidence and diagnosis.

Berta: “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.”

Berta: This can be obviously service connected but did you ever formally claim this?

I dont know if the leukopenia or neutropenia can be rated but maybe the thrombopenia involvement would get it to a ratable level. However since June 2006, did you receive any treatment for this condition?

Chrome: This is something that has progress. I first had neutropenia/leukopenia then couple months later which is still inside the one year mark I developed thrombocytopenia. The doctor just tells me to keep following up. If we have to do a bone marrow test we will. I just filed a claim for this since I just found those C&P files. I didn't even know they existed.

Berta:Something is wrong with all of this...

Either you had evidence in your SMRs and after service medical records they did not consider, or as Dot09 suggested the DBQ , as you need a concrete diagnosis, or something else is wrong here.

Chrome: I think they didn't consider a lot of things I also think the VA rep in are area need to do more for the VET's I mean they give no direction or anything. They just submit paper work and that's all. I feel these things should have been handled long ago.

Edited April 2, 2013 by chrome_305

[jbasser]

Chrome, the RO can and often ignores evidence. They can be downright despicable with their actions. I have seen it time and time again. You have to prove your point many times over. Dont worry about it it is all part of the game and they are the masters. Eventually you will win but only when they are ready to let you win.

J

[chrome_305]

Chrome,

If you would post a copy of your C&P exam report that would help us out greatly. I would like to see only the medical examiners opinion. Its usually located at the end of your exam.

P.S. please remember to remove any personal identification.

Another added memo.. After reviewing Some BVA decisions, I could not locate any claims that had been granted solely on depression. I'm going to have to agree with T8r on the presumptive issue for depression. However, I'm not saying for sure that's the way it is, but it sure looks that way. Your best bet is to get an IMO as a direct link of a in service condition.

What evidence in service do you have?

ok i will post later today hopefully.

Chrome, the RO can and often ignores evidence. They can be downright despicable with their actions. I have seen it time and time again. You have to prove your point many times over. Dont worry about it it is all part of the game and they are the masters. Eventually you will win but only when they are ready to let you win.

J

I here ya brother. It's like they want the vets to commit suicide before the get a decision or just have the vets give up.