ptsd Interesting Statement On Stressors

[free_spirit_etc]

http://www.va.gov/vetapp13/Files1/1309884.txt

"The Board notes that the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Menegassi v. Shinseki, 638 F.3d 1379 (Fed.Cir. 2011), in which it held that medical opinion evidence may be submitted for use in determining whether the occurrence of a stressor is corroborated. Id. at 1382. The Board notes that the discussion in the final rule notice issued in the Federal Register states that "a doctor's recitation of a veteran-patient's statements is no more probative than the veteran-patient's statements made to VA. Therefore, VA is not required to accept a doctor's diagnosis of PTSD due to a personal assault as proof that the stressor occurred or that the PTSD is service connected. If, however, VA finds that a doctor's diagnosis of PTSD due to a personal assault is ... "competent and credible" and there is no evidence to the contrary in the record, in all likelihood, such an opinion would constitute competent medical evidence." 67 Fed. Reg. 10330 -01 (Mar. 7, 2002). The Federal Circuit found that the regulation specifically designates - and VA's interpretation contemplates - that medical opinion evidence may be submitted to corroborate the in-service personal assault as the regulation lists records from mental health counseling centers, hospitals, or physicians. Menegassi, 638 F.3d at 1382."

[len56]

I have been diagnosed with depression,anxiety,cognitive disorder, and had a C&P for ptsd the examiner stated that i did not meet the full criteria for PTSD although i was seen in triage for multipal contusions and a laceration due to a well documented assault while in service and granted 100% by social security for the same mental conditions is this enough evidence for service connection the C&P stated these disorders as well as bipolar is this enough for service connection

[len56]

so in laymans terms does what exactly does this mean will i have to have another MH exam to determine whether or not these disabilities was a product of the assault ior what im lost

[len56]

http://www.va.gov/vetapp13/Files1/1309884.txt

"The Board notes that the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Menegassi v. Shinseki, 638 F.3d 1379 (Fed.Cir. 2011), in which it held that medical opinion evidence may be submitted for use in determining whether the occurrence of a stressor is corroborated. Id. at 1382. The Board notes that the discussion in the final rule notice issued in the Federal Register states that "a doctor's recitation of a veteran-patient's statements is no more probative than the veteran-patient's statements made to VA. Therefore, VA is not required to accept a doctor's diagnosis of PTSD due to a personal assault as proof that the stressor occurred or that the PTSD is service connected. If, however, VA finds that a doctor's diagnosis of PTSD due to a personal assault is ... "competent and credible" and there is no evidence to the contrary in the record, in all likelihood, such an opinion would constitute competent medical evidence." 67 Fed. Reg. 10330 -01 (Mar. 7, 2002). The Federal Circuit found that the regulation specifically designates - and VA's interpretation contemplates - that medical opinion evidence may be submitted to corroborate the in-service personal assault as the regulation lists records from mental health counseling centers, hospitals, or physicians. Menegassi, 638 F.3d at 1382."

so i was seen for an evaluation for ptsd the examiner stated i did not meet the full criteria for ptsd. my SMR's clearly show where i was seen in triage for a head injury where it was noted laceration to the head and contusions around both eye's this was an in service assault several years later i was attending college and failing badly i was sent to see an acidemic advisor who in turn sent me to see a psycologist he conducts a series of tests that reveald a cognitive disorder, axiety,depression,and personality disorder due to multipal head trauma and bipolar none of these run in our family nor were they present before the assault the examiner stated these were my mental disabilities is this in its self evidence for service connection or will they order another MH exam i am at the BVA now and have an attorney any thought's id like to hear thanks