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Got My Response Denied Of Course

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Scott D

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They denied all of my claims based on no evidence in my service record. All of these conditions were properly diagnosed by group health care physicians within one year of active duty seperation. Many of the conditions were treated in service but were never given a proper diagnostic or were not named correctly.

I was treated in service specifiacally for psychiatric conditions which was diagnosed as a anxiety disorder by a psychologist. Less than a year after seperation a psychiatrist diagnosed Bipolar II along with anxiety issues. The decison states that there is no evidense in service for BPII, no evidence of an inservice mis-diagnosis, and the fact thaqt I am already being service cinnected 10% for a psychiatric condidtion, service connection for BPII is denied.

They also denied service connection for asthma again properly diagnosed less than one year after seperation.

Allergic rhinitis same thing.

Food hypersensitivity same thing. Even though I have been confirmed allergic to all fresh fruits vegatables, wheat, most fish, nuts and more.

This is crazy and makes me very frustrated. Even if i highlite and send in the records from my active duty service will they even look at it?

i know NOD's are in line but am pretty sure they will say the exact same thing and cause me more time to wait.

Why are they so disfucntional???

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You have a good claim. Don't give up. If it were me I would ask for a Hearing and explain it to the adjudicator.

Good Luck

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Scott you do have a valid claim,Pete was correct in you requesting a hearing. You may also want to get a Copy of the Serice Medical records and all post service treatment records and get an independant IMO that can put the puzzle together. Then turn this in with ytour NOD. Did the VA give you a C@P examination? If so, did you get a copy. If not go to the VA where you had the exam to the medical records section and get copies of the C@P examinations.

The reason the dysfunctional attitude is just that, It is dysfunctional and it was designed for it to be just that. Uncontrolled chaos. They actually want you to give up and just go away. Dont do it. Get in the game roll up your sleeves and get started by learning as much about the regulations as you can. Once you are able to use these regs against them,only then they are going to realize that you are not just another Vet but a well educated one.

Edited by jstacy
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They denied all of my claims based on no evidence in my service record. All of these conditions were properly diagnosed by group health care physicians within one year of active duty seperation. Many of the conditions were treated in service but were never given a proper diagnostic or were not named correctly.

I was treated in service specifiacally for psychiatric conditions which was diagnosed as a anxiety disorder by a psychologist. Less than a year after seperation a psychiatrist diagnosed Bipolar II along with anxiety issues. The decison states that there is no evidense in service for BPII, no evidence of an inservice mis-diagnosis, and the fact thaqt I am already being service cinnected 10% for a psychiatric condidtion, service connection for BPII is denied.

They also denied service connection for asthma again properly diagnosed less than one year after seperation.

Allergic rhinitis same thing.

Food hypersensitivity same thing. Even though I have been confirmed allergic to all fresh fruits vegatables, wheat, most fish, nuts and more.

This is crazy and makes me very frustrated. Even if i highlite and send in the records from my active duty service will they even look at it?

i know NOD's are in line but am pretty sure they will say the exact same thing and cause me more time to wait.

Why are they so disfucntional???

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Do you have a complete copy of your SMrs and any private treatments records to rebutt this with and to attach to the NOD?

Did you receive a VCAA Notice with an election form and a narrative in Important Reply Requested that had a hghlighted statement telling you specifically what you needed to send them?

If you did not recieve this election notice and VCAA statement you have -in addition to the NOD- another legal way to fight this decision.

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I do have a recent copy of my Cfile and I have my own copies of my SMR. The Va did not schedule any C&P's for any of these claims that were denied. I did receive the VCAA letter asking for further information and I sent in my latest appointment paperwork.

When writing the NOD what section of the m21 states that conditions occuring within 1 year of seperation are to be SC.

Also if my SMR do not clearly diagnose a condition, but does record persriptions used to treat the condition how do I go about stating that in the NOD.

If I request a face to face meeting who will I actually be talking with?

Thanks for the help.

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One of the first things I would do would be to go back to the doctor(s) you have seen since departing service and ask that they make a determination that your conditions "more likely than not" were from your military service. The fact that they did not even give you a c & p ticks me off. We have all experienced this delay tactic by the VA rating system. Just because they couldn't find the exact words that they have in their precious little rating manual they send the denial letter. I would definitely make copies of your service medical records that pertain to everything you're claiming and send with your notice of disagreement. State that you will be forwarding additional evidence but you should have it to bring with you to the C & P exam they neglected to give you. Also mention that in their handy dandy little USC Title 38, Chapter 2, Para 4 it statesthat the benefit of the doubt is to go to the veteran and that your out of service exams were well within the 12 month timeframe thta is allowed.

If you'll shoot me an e-mail to my work address I'll send your the manual so you can review it and know which key words to use in your n.o.d.. I just bought a new system and haven't e-mailed myself the documents for my desk-top here yet so I won't be able to respond with the information until tomorrow. Make sure in your e-mail you put "VA info request" somewhere, I have a poor memory! :lol:

thomas.mccann@state.tn.us

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