Help Regarding Claims Submittal

[NFLFan1980]

I've been out of the service since 2004. While in I was diagnosed with dysthymia and anxiety and panic disorder. I didn't want to put in a claim when I got out because I wanted to get into law enforcement. Needless to say I was hoping for my symptoms to go away but they did not. So I have given up on my pursuit of that career field and am going in for therapy at the VA clinic. I have started my treatment this past couple months. My first question is, do I need to get a nexus letter or something similar to help my case even though my SMR's document my issues? (Considering me being out of service for 9 years). If so, should I submit my application for disability benefits and get the clock rolling and submit it without my SMR's and VA records or should I wait until I have all my documentation in order? Last question is that I was diagnosed with Dysthymia. If instead my VA shrink puts me down as having depression would this hurt my claim? Should I put both depression and dysthymia down on my application? If anybody can chime in that would be great.

Thanks for the help!

[Berta]

"While in I was diagnosed with dysthymia and anxiety and panic disorder"

The shrink has not yet documented any depression, from what I understand here.

So if I were you I would claim the documented diagnoses above.

The claim should be handled under the Chronic Presumptive regs here:

However ,under B, 1 ,A it states:

“(A) a disease specified in paragraph (2) which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service; “

Do you have any proof of the chronicity of this disability in that one year after service or since service at all......until you went to the VA?

All of the anxiety states and dysthymia are covered by this part of the above regulation.:

Dysthymic disorder (or depressive neurosis) under B, B ,c.

If the shrink does document the depression, it can still fall under the Dysthymic disorder and anxiety regulations.

“My first question is, do I need to get a nexus letter or something similar to help my case even though my SMR's document my issues? (Considering me being out of service for 9 years)”

If the chronicity is in question and there is no other possible reason ,post service, or etiology for your condition, I would think a C & P examiner , along with your SMRs would provide the nexus statement you need.

However I an anxious to see how others here opine on this.

Do you get SSDI benefits for the same disability?

“While in I was diagnosed with dysthymia and anxiety and panic disorder “

Are there any follow up treatment records in your SMRs for this?

I assume you were not Med boarded out. But were you?

Is the dysthymia noted on your discharge physical?

[NFLFan1980]

Thanks Berta for your insight. I don't have any medical records regarding this from the time I got out to now. I do not have any SSDI benefits. I am employed right now but the symptoms due to the depression and anxiety have gotten worse over the years that it affects me throughout my daily living.

I have over a year of documention while I was in service but do not have the dysthymia noted on my discharge physical. I did my entire 4 years with an honorable discharge. I really wish I filed when I got out but a big reason for enlisting in the first place was to become a state trooper when I got out. I was just hoping I would get better but like I said i'm worse. I can't think clearly, have a hard time remembering things, get head aches alot/diziness w/anxiety etc. This is mostly due to being assaulted while on duty and suffering two head injuries, once where I lost conciousness but came back to. I wish I reported the assualts but all I have is the medical help I sought at the hospital which is documented on my SMR.

Right now i'm leaning towards going ahead and submitting the claim next week with my SMR and putting down both depression and dysthymia and submitting my va records over the course of the next several months.