Brown Envelope And Duty To Assist Letter

[cowgirl]

Goe the envelope, denied for depression, overall stated Duty to Assist Letter response was needed from me to give "specific favorable medical opinion of relationship betwen current diagnosis adn active duty service". Not sure if I recieved the letter. Another thing, I attached important police reports etc, they were not identified as part of my submission; VA did state a vague "multiple" documents statement. A ruse? My thoughts, if I had to be specific for them, they oughta do same for me.Interesting note, the VA acknowledged Axis 1 depression; thats good, just stated "no evidence caused by active duty service", ALso show only one year of time that I have been recieving "counseling" when C file shows more. Probably got my work cut out for me, advice is welcome. Family funeral tommorow, more stress; prayers are nice; thanks, cg

[Dorothy Kansas]

Cowgirl- are you applying for PTSD or depression. If you have police reports I a would think you would go gor Military Sexual Trauma and/or PTSD.

[RockyA1911]

Cowgirl,

Sorry to hear about that. When did you file your claim? Just curious. I'm wondering how long your claim was pending before you got the denial. Some folks have told me denials on claims are faster than rating a claim for compensation. So, I take it your claim never got to a ready to rate status and you got the denial in a reasonbly short period compared to an actual award?

Simple I would think to turn this around. NOD it and resubmit the police reports, and VA treatment records. You should be able to get all those treatment records printed out with appointment dates, doctor status reports, etc from the ROI office at the VAMC. Thus, your nexus for service connection. Did the C&P exam report state your condition was more than likely a result of military service? As likely as not, or not likely?

Stay focused on getting the NEXUS, find all the records you can to link it to onset caused by military service incident etc.

Keep fighting, as has been said it is persistance that wins eventually, not the best evidence.

[john999]

Cowgirl

Were you treated for any psychiatric condition while you were in service or within one year of ETS?

If you were this would be strong evidence. The VA raters are so incompetent that they overlook many facts that could be linked to depression such as assults, injuries, illnesses, combat wounds etc. I would regroup and appeal. If you had in service medical diagnosis and present disability the nexus is the thing to focus for the appeals. Everything must be spelled out for the VA. They just don't assume the obvious like chronic pain for a combat wound would cause depression. It has to be spelled out by a psychiatrist is language that a six year old can understand. You need an IMO to link all these things together and evidence, of course. Lay it out for us so we can understand the events then we can advise better.

[Berta]

"specific favorable medical opinion of relationship betwen current diagnosis adn active duty service"

This is exactly what they need-John is right-

and along with this opinion, they need proof of the stressors-

"multiple"documents a ruse? you bet- they didnt read any of it-

I jump on them over statements like that-

If your medical evidence, or an internet medical abstract, or a buddy statement, etc- is just listed as a "letter" or "internet print out" etc- and gets no mention in the narrative, call them on this in your NOD.

They called something re: my CUE claim "an internet printout"-I was furious and reminded them in the Reconsideration Request that this was an Office of General Counsel Precedental Opinion that proves my CUE.

Everyone here gave good advise for you-

Proven nexus (link) to service, plus current diagnosis,plus medical linkage of the nexus and diagnosis= SC award.

Edited September 3, 2006 by Berta

[Pete53]

Don't give up.

[Hoppy]

When I filed a claim under workers comp for a car accident that occurred while I was working the doctor (MD/JD) who treated me routinely filed a claim for a stress disorder. He told me that accidents, injuries and assaults all produce subsequent stress conditions. It is a question of, if and how, such stress conditions resolve. I do not think that his presumptions and opinions are that far out of the main stream of medicine.

I am not sure what the police reports cover in your case. However, a doctor needs to address whether or not the incident covered in the police report would have been capable of producing an ongoing depression that was untreated and has either not shown any evidence of resolving and been continuous, or the basis of any current depression. If you were treated in the military that would be a big plus.

Take all the treatment notes and police report to a doctor and have the doctor connect the dots. I really do not think the RO will connect the dots for you. Additionally, the RO will not tell you that you have a claim. However, the doctor failed to connect the dots.