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monday321

Filed Nod Asking For De Novo Review C&p And Dro

Question

Ill try to make it short. I filed for disability ( generalized anxiety and depression) and IU. I was denied on all three. The reason was stated as -1. it is denied because it is not service connected. 2. Evidence does not show an event, disease or injury in service. 3. Service record show no complaints , treatment or diagnoses. 4. On seperation exam u stated that u do not have anxiety or depression. I just gave u five statements . Only number 2 is true. This is their evidence. I have 15 pieces with several or more in support. This is my case:1. they say my condition is not service related. They have zero tangible proof that it is not related. I have given my statement and buddy statements to corroborate my story coupled with the events in my file. The personal detail r not in my file as people who r assaulted rarely come forward. 2. Evidence does not show an event etc. The events in my statement are documented in my file. 3.your service treatment records do not contain complaints etc. How can I complain about what I dnt know. 4.evidence does not show a current diagnosed disability. They have my file from social security which I'm sure states I have generalized anxiety. 5. At seperation I stated I do not have have depression or anxiety. It is impossible I said that because I was never asked and I never saw the doc. Call me stupid but even an idiot can see they have no evidence of their own to dspute my claim while I have in support. I want to know what my chances r at de novo or dro...help........

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“They have zero tangible proof that it is not related. I have given my statement and buddy statements to corroborate my story coupled with the events in my file. “

Did the VA list the Buddy statements as evidence or did they fail to mention them at all?

“The events in my statement are documented in my file. “

Do you mean you SMRs or in your 201 Military personnel file?

“4.evidence does not show a current diagnosed disability. They have my file from social security which I'm sure states I have generalized anxiety “

Did they list the SSA records in the Evidence list? And if they did, how did they refer to them in the narrative of the decision?

Did you get a C & P exam? Did you obtain a copy of it?

Can you scan and attach here the actual decision? (Cover your C file number ,name and address before you scan it)

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to add:

These past hadit posts might help you:

Question:

Did the VA know of any treatment records you have from private doctors?

Did they ever send you an authorization form (just like the one you signed for them to get the SSA records)

“They have my file from social security which I'm sure states I have generalized anxiety. “

If SSA awarded for generalized anxiety disorder, did the SSA base their award on a personal assault in service?

We can help more if we see the actual VA decision.

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Whatever you do don't let your NOD time expire. Once you file the NOD if you need expert help you can hire a lawyer. I had tons of treatment records for depression, anxiety etc. It did not mean nothing to the Army or the VA. The Army just explained it all away by saying "personality disorder". How soon after discharge did you file your claims? Listen to Berta and if you feel you are drowning shop your claim around to VA lawyers after you file your NOD even if it is a generic NOD.

John

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When they say you don't have a current diagnosis, the last time you were diagnosed was over five years ago. Get rediagnosed with all your issues. Also you need to get a nexus letter done for all your issues. Have the provider site all the examples you say you submitted to include your service medical records. If an event took place during active duty such as a rape and you reported it, then you need to get a copy of the investigation or the report you submitted. The VA is reluctant to grant service connection on the basis of your saying it took place w/o any tangable evidence. You need to look in your VCAA letter and your rating decision letter to see if all the evidence you submitted they used. If not, resubmit it because they didn't use it. Last, if you submitted more than eight items, more than likely the VA ignored them. The adjudicator has 20-30 minutes to make a determination on all your issues. To assist the adjudicator, make a list of all issues, then made a file for each issue. Cite all the sources of your information you have used and they have acknowledged. Also cite any new information (and provide that new information). Where possible, do not use 21-4142's. Give them only the information that they ask for. You can go to http://www.benefits.va.gov/PREDISCHARGE/disability-exams.asp to access your c&p exams. These are the same exams used for everyone. Also, you can write a statement in support of your claim. Stick to the facts like you did here! Draw conclusions like you were talking about someone else. Emotional issues turn off the VA. Should you not be aware of it, but your entitled to a second opinion. If the VA or it's contractor didn't do the C&P exam properly you can request a second C&P exam (use the exmples from the web site listed earlier). You can fax your C&P to the RO that is adjudicating your claim (always keep a the fax receipt showing it went thru to http://benefits.va.gov/COMPENSATION/dbq_fax_numbers.asp. If you need a copy of the NEXUS letter that you can get your doctor, NP or PA or any or all of your medical providers to write, email me and I'll provide it to you. My email is aw2vet@gmail.com.

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What I stated in my post is exactly what was in the discription. It was the only thing along with a list of evidence they obtained.I dnt know what to do because when I saw the doc for ssdi thy didn't ask me anything personal they gave me a compentancy test and asked about my ghost friend and that was only vecause I was talking to him. When I see docs at va my counselor nor my shrink wrote down anything I said. I was not given a c&p exam . I have an appointment for a new psychologist. So do I need an outside one as well. I dnt know how long it will take for the de novo since I just filed the nod yesterday. So am I on my own with the medical part. I did not report my incident to the service but I have staements frim people who were there when I was in my claim. In my letter they didn't give any real explanation beyond what I told u in my topic. I have been out since 99 and was not diagnosed til 2009 . After I got out the military I got fired from every job I got. Have been talking to myself.and seeing things etc on top of that I even had a couple suicide attempts but the hospital cannot find the record for it was ten yrs ago. They are stati ng that I told my seperation examiner I didn't have anxiety or depression.I never saw a doctor. How could I complain about what I didn't know. I will try to do what barbara said though I dnt think it will be easy.

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