tinnitus I Need Help Brain Storming And Making Connections.

[WVSERVER]

First I would like to say that I feel the VA was more than fair in my rating and I am very satisfied but there where things that were denied that I know beyond a shadow of a doubt I was treated for while in service.

I had served in a rural area and most of my medical care was done by civilian practitioner at the areas major hospital. I had all the records from these civilian practitioners. The contentions that evolved these civilian records were all granted service connections. However the few contentions were I was treated by a military practitioner we all denied service connection as I do not have a shred of these records. I have requested a copy of my STR and C-File but my RO is still saying they cannot even provide an estimated completion date for my FOIA request. Once I have my STR I am hoping to find these records that I am missing. I have called the Medical Groups records section at my previous station to see if they had any of the records in there system still but I missed the 5year purge mark and they were all purged from their computers.

My claim was handled by the Huntington RO it was received by them on 3-4-2011 and was completed on 3/1-2013 this was an Initial claim. They made their first decision on 11-2012 they awarded me a combined rating of 70% and remanded 2 contentions. They made a decision on those 2 contentions on 3-2013 and entirely completed my claim they awarded 0% on both so there was no change in rating.

So my main question is as I am approaching my year mark what should I do concerning the contentions that were denied as I don’t have any records of them should I file a NOD, appeal or something else I haven’t considered yet. To help some of you all who care to chime in and help me brainstorm I will provide you with as much detail as humanly possible so you may develop an accurate opinion. I have been service connected for the following contentions. I see VA DOCS for issues unless otherwise stated.

1. Obstructive Sleep Apnea with C-Pap 50%. Was med boarded in the USAF for this issue?
2. Hemorrhoids 0%. Doc in USAF refused to treat this issue correctly which actually led to me having to have some emergence treatment when it all went south.
3. Hydronephrosis of the kidneys 0%. Had a rash of kidney stones that were improperly treated by the USAF Docs that lead to scar tissue and build of fluid. VA states they don’t believe I still have it but could at any time. The VA conducted no test but did labs.
4. IBS, GEERD and Hiatal Hernia all with chest pain 30% combined. Have had plenty of stomach problems since about 2004 till now was diagnosed with all in the USAF.
5. Tinnitus 10%. Was diagnosed in service.
6. Mitral Valve Prolapse with chest pain 0%. Was having major chest pain that continues to this day was reviled by Echocardiogram. USAF and VA Docs say it should not cause any pain, recently I had a civilian cardio doc said it was the cause of my pain but was benign. I am currently waiting on result of an ECO and Stress Test that the VA insisted on repeating. My EF was 60% but the Doc said the valve was actually swollen.
7. Allergic Rhinitis 0%. Was diagnosed in USAF.

The following contentions were denied on the basis of; there was no evidence in STR.

1. Depression and GAD. C&P exam gave me a solid diagnosis with a GAF of 62 but said it was due to my poor up brining and not service related. Showed all sings of both for the first time in my life in service was referred to a USAF Physiologist by USAF Docs who told me he did not want to officially diagnose me with depression as it would ruin my career. This was after my gun was taking from me for a month and I was forced as an NCO to clean my squadron because I asked for help. I knew that going in and was willing to pay the price I just did not get the help. Needless to say I never tried to get help again and I was a mess. This was a big component to me leaving the USAF. I knew I needed help.
2. Flat Foot. I was diagnosed by USAF podiatrist and issued inserts for both shoes.
3. Minor Bulge C-4, C-5, and C-7 steped out of a uh1 n huey a little too early and landed wrong with a 40-60 pound combat load. CAT-Scan was conducted on base it reviled the bulge.

My current meds are as follows all issued by VA

1. SIMVASTATIN 1 20MG TAB a day
2. OMEPRAZOLE 1 20MG EC CAP a day, used in USAF also
3. PSYLLIUM ORAL PWD (Fiber), Used in USAF also
4. ACETAMINOPHEN 325/BUTALB50/CAFN 40MG TAB as needed for headache.
5. Flonase 50 MCH a day nasal inhalant. Used in USAF also
6. Cetirizine 10 MG a day for allergies.
7. Dicyclomine 10 MG 2 a day for stomach cramps, used in USAF also

I have 2 labs that are off

• Cholesterol: 220
• GLUTAMYL TRANSFERASE (Liver Function) 68. Has always been high first noticed in USAF.

P.S if you had the patience to make it this far and you provide feedback thank you I am very great full.

Edited August 12, 2013 by WVSERVER

[Berta]

“My claim was handled by the Huntington RO it was received by them on 3-4-2011 and was completed on 3/1-2013 this was an Initial claim. They made their first decision on 11-2012 they awarded me a combined rating of 70% and remanded 2 contentions. They made a decision on those 2 contentions on 3-2013 and entirely completed my claim they awarded 0% on both so there was no change in rating. “

As I understand this, you seem satisfied with the 70% (did they consider TDIU, or are you still employed?)

but on the deferred issues, they only awarded “0” SC (I assume the SC part) so you have one year from their March 13 decision to NOD those issues.

Can you clarify whether,in fact, the “0” for both issues was a SC rating or a NSC rating?

IF it was SC you might not even need the STRs,to appeal it.You would instead need current medical evidence that warrants a higher rating to appeal it with.

If it was NSC "0" , that is another matter. If I were you ( those deadlines come faster then we think,) I would request my Congressman/woman to send an inquiry to the VA to see why the copy of your STRs is taking so long, since they are critical to you to be able to present the best possible appeal of the March 2013 decision.

You do have time to wait for the RO to send them, as I understand this, but if you need an IMO, that also can take time too and the IMO doc would need the STRs.

[WVSERVER]

Thank you for the reply the 0% are sc. I do not believe either warrant an incress at this time. The things I am most concerned about are the denials as I know I was treated for the issues I claimed. I don't think I will see my STR before my times up and I am not sure how to proceed. Also no TDIU as I am still working.

[Hoppy]

The fact that the C&P examiner said your depression and GAD were due to poor upbringing should not be considered evidence in the long run. There are several reasons for this. In order for a condition to be determined that it pre dated service there needs to be evidence of symptoms compiled in a medical environment and noted prior to service by a medical professional. The C&P examiner cannot use your statements after the military to develop evidence of symptoms prior to the military. If you know how to search BVA cases look for cases involving presumption of soundness. You will find numerous determinations made by shrinks involving a veterans childhood experiences thrown in the trash by BVA adjudicators.

Additionally the fact that the shrink made such a statement or opinion puts him in the ‘quack” category as far as I am concerned. There is a protocol in the DSM IV that is used to make a diagnosis for Depression and GAD. However, the DSM IV does not identify a protocol to establish cause of these conditions. I have obtained several IMO’s from VA psychologists disputing C&P examiners who advanced etiologies not related to service. The DSM does not identify any preferred etiology for depression or GAD. In other words the C&P shrink’s opinion as to what caused your depression is nothing more than speculation.

The bottom line as far as the VA goes is, when did symptoms of depression and GAD first occur? If you do get your str’s there should be some indication as to why you were referred to a psychiatrist. There could also be some information to support the onset of a mental condition in your personnel file considering they took away a weapon. Also consider getting buddy statements from friends, family and other members of the armed forces as to anything you told them or they noticed about your behavior. Lay statements of observable symptoms are evidence.

[WVSERVER]

Thanks for the reply hoppy you provide some good insight. You were right on the money.

[WVSERVER]

Hey Guys just brining this back to the top, I have been reviewing my C&Ps, and if some you you guys and gals will look at my c&p for depression I would appreciate it. I think the Doc mat have proved my case with her statements. I will post as soon as I can.