Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

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

Rate this question


monday321

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........

Link to comment
Share on other sites

Recommended Posts

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.

Just doing a DRO De Novo Review with nothing more will most likely result

in a rubber stamp denial - as all they will do is go over the same evidence of

record and agree with the prior decision maker.

I would get more medical evidence of current disability, diagnosis, with a nexus

to active duty and continued symptomology.

You might want a hearing in person with a DRO versus a De Novo.

It will take longer to get but may help advance your issue/s.

You will need more evidence.

Keep in mind it is up to the claimant to prove the claim issues.

Link to comment
Share on other sites

<<<4. On seperation exam u stated that u do not have anxiety or depression>>>

That is from your SF 88 or SF 93 (question # 16) Physical form you signed when you separated. It's a box you check so yes, you did state for the record that you were good to go if you endorsed the 'no' box by checking it. VA utilizes this technique every day. You will have a long hard road refuting that you "stated" that. VA will say you were under no duress when you filled this out. Best of luck on what appears to be a bad deal all around.

Link to comment
Share on other sites

yes , if the sf 93 indicated you did check the box, the va would say,, no record of exit exam. and it would not be in your c-file .

you could always say, im not a doctor and the voice in my head told me to say I wasnt sick.

Link to comment
Share on other sites

Yes it is a bad deal frankly so I already have a lawyer from sokolov. As for the exit exam this is how it played out. In may 7 1999 at 10am I was released frim restriction and taken to the hangerwhere I was thrown a stack of papers the size of a book with no explanayiin as to what I was signing.an hour later I was out . I didn't have time to think or process anything. Like u said I'm not a doctor lol. So dispite what they consider normal they thought jeffrey daumer and gacey and manson were normal nice people they found out they had boddies in the backyard. Just sayin

Link to comment
Share on other sites

I think the military could save a lot of time and money if psychological exams were a part of being entered into service. Fact is there are plenty of people who were nuts before they joined and were themselves unaware until something set them off

Link to comment
Share on other sites

3.309(a). Psychosis to 10% within one year of separation. Like john999 said. Anything else will need an IMO.

schizophrenia and other psychotic disorders

9201 ​Schizophrenia, disorganized type

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

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use