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Notice Of Disagreement


saints13

Question

Does this sound good? I was denied PTSD/Mental Conditions due to no diagnosis but I have it all over my VA records. Just not in my Military record because never wanted to seek out help and risk getting kicked out by Mental reason's. But ended up getting kicked out due to bilateral knee derangement, go figure. It has been over 10 years, I just kept it inside of me until I went into a downward spiral of my life so I enrolled in VA and got treatment from VA care PCP and VA Mental Health only. No other sources.

Re: Name

C # XXX-XX-XXX

NOTICE OF DISAGREEMENT ( July 27th 2014 Rating Decision PTSD)

I respectfully request a Notice of disagreement of my PTSD/Mental Conditions decision and I should be afforded another VA examination to determine PTSD/Depression/Anxiety/ Mental Conditions based on my duties in the medical field as a Hospital Corpsman as well as the initial stressor (Blowing out knees from fast roping from Helicopter during Desert Training Exercise and the Helicopter Crash I witnessed and drove to the scene to provide first responder care and continued stressor events of being a Hospital Corpsman (FMF) assigned with Marines units 5 years as first responder and only source for Marine care until they can be transported back to a clinic or hospital for further care and treatment. Then serving as an Emergency Medical Technician and Ambulance Driver for last 2 years of service at Marine Corp base and Army Base. Also to include 38 CFR 3.102 - REASONABLE DOUBT in the decision consideration and during the C&P Examination.

I have the right to submit additional evidence and argument on the matter or matters , Kutscherousky v. West, 12 Vet.App. 369 (1999).

The criteria to diagnose PTSD under the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition include exposure to a traumatic event in which the person experienced, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others; and a response that involved intense fear, helplessness, or horror. Additional diagnostic criteria must be met before a diagnosis of PTSD is warranted. I meet all above criteria. Throughout my record it shows I have bilateral knee conditions due to fast roping from a helicopter and blowing out both knees which ended up requiring multiple surgeries and a medical discharge and being service connected bilaterally. Also I witnessed a helicopter go down during a 2 month Desert Training Exercise , which I provided a copy of the LA Times report of the incident along with a ER visit 2 hours after the incident occurred showing I was at the same area as the Helicopter crash. My lay statements of the witness event and also an Award from Commander of Unit showing dates we were in Desert training, which is the exact dates as the Helicopter accident. Also the nature of being a Hospital Corpsman for the Marines is indicated on my DD-214.

Accordingly, any diagnosis of PTSD/ Mental Conditions based on the stressor event and continued stressor events is sufficient for the award of service connection. Even though, service personnel records clearly showed that I was a hospital corpsman and served as first line responder for the Marine units as well as Emergency Medical Technician and Ambulance Driver for Marine Corp Base and Army Base

In order to evaluate the level of disability and any changes in condition, it is necessary to consider the COMPLETE MEDICAL HISTORY OF THE VETERAN'S CONDITION. Schafrath v. Derwinski, 1 Vet.App. 589, 594 (1991).

I have a diagnosis of PTSD by VA PCP and Mental Health providers and all are in agreement along with anxiety, depression, and insomnia. Currently also attending weekly PTSD meetings as well as Individual PTSD therapy with DR. X at VA Hospital. Dr. X has stated in his notes multiple times that the Veteran was a reliable historian and completing all assignments for weekly CBT for PTSD individual therapy and comply with all assignments and all PTSD weekly group meetings

I had a C&P exam at VA Mental Hospital. I took a questionnaire that was 100 questions and related or basically about sex and I answered the questions truthfully. We got to her office and I sat down, she only asked me about my past life but didn't let me elaborate on it. Examiner didn't let me talk about any of my symptoms, past traumatic events in service or anything. She only asked if I was abused as a child, if I graduated high school and who I lived with during my childhood, then she spent all of her time typing on her computer.

It is quite evident Examiner only went off old notes from a CBOC in 2012. It was only a visit or two with them before I was transferred to another VA Hospital. Examiner made her decision off the one report which is in violation of “In order to evaluate the level of disability and any changes in condition, it is necessary to consider the COMPLETE MEDICAL HISTORY OF THE VETERAN'S CONDITION. Schafrath v. Derwinski, 1 Vet.App. 589, 594 (1991).” Nothing from my 5 different Mental Health providers at the VA Mental Department, Group PTSD meetings, notes, tests and weekly individual therapy, NP notes and tests, questionnaires and agreement of prescribed medications by Dr. VA PCP for mental conditions were looked at or mentioned at all in her C&P Mental Evaluation. With all the VA Mental Health providers, I have taken tests and they were all high as well, it's my impression and my honest answers. All the Mental Health practitioners are in agreement with Dr. VA PCP medications and diagnosis and with each other.

Examiner said that I had conflicting information and that I was feigning and malingering due to the high score on a 100 question based test. In no way do I want to be labeled as a bad person or a liar, that is my biggest pet peeve. I'm always honest and always tell the truth and was always brought up with good values that were even enforced more during the military. She also stated in her notes that Dr. VA PCP made a diagnosis of PTSD without testing. Dr. VA PCP was the first Dr. that was caring and actually took time and did a complete evaluation of me (Almost 2 hour visit) which I felt good about and opened up to her about my traumatic events that have happened to me during my military service, my symptoms, conditions, etc. Dr. VA PCP then said I need to see Mental Health and consulted me immediately and stated I needed to have a C&P examination to have PTSD service connected and assistance in filing for Social Security. I was seen and interviewed by Mental health at VA and went through a battery of test with them. They even diagnosed me with depression, anxiety and PTSD.

During the military I was told that if I was to talk about mental issues I would be sent to a mental hospital and be other than honorably discharged. I did go to a local clinic while living in Texas after being medically discharged from the military and they told me they would commit me to a Mental Hospital, so I said no thanks and walked out. I was never admitted.

So I always kept everything to myself during service and after service because I was always afraid to be committed to a mental institution for asking for any kind of help. I finally got to a point in my life I needed some kind of help. I was seen at the VA CBOC and was asked generalized questions and really never felt comfortable to go into detail. At first it was how my life was going NOW (At that point of time and not so much about the past.) So I answered and the Dr. XY misquoted me on a lot of things. I only saw her a few times because I was told I wasn't even supposed to be enrolled in that VA, that I was supposed to be in a different VA. So she continued my mental medications appointments until I was able to transfer to new location VA. Dr. XY told me directly that the New Location VA was the best mental health department she knew of and even recommended that I take the advice and just go there.

All my PCP and Mental Health providers (ALL VA Providers), they actually take their time and actually listen and care. Mostly all my old VA doctors at old VA location that have discrepancies in my medical records were always in a hurry, wanting to just get me out of their office and bring in the next person like your just another number not a person.

My treating VA Health providers and C&P 2014 VA examiner are both competent medical providers who reached differing conclusions as to my diagnosis. In this case, both medical opinions are highly probative. My Mental Health Providers were based on seemingly accurate histories provided by myself and thorough examinations. Whereas the C&P examination went off old notes (3 of them) from a VA CBOC , that isn’t fully accurate. Where a veteran has two competent, probative psychiatric examination opinions (VA Mental Health Providers vs C&P Examiner), one confirming a diagnosis of PTSD/Mental Disorders and one disputing it, the evidence is in equipoise. Thus, the issue must be resolved in the Veteran's favor. 38 U.S.C.A. § 5107(b).

In last I would like to respectfully request a NOTICE OF DISAGREEMENT on my PTSD/Mental Conditions denial service condition as well as another C&P Mental Health Exam. As the C&P exam I had in 2014, I had with Examiner was unfair and bias with the 100 question test only and without looking at ALL INFORMATION as required by VA regulations. And not asking any information, not asking about stressor's, etc, just typing on her computer for 45 mins. I disagree with Examiner lack of relevant information which resulted in an unfavorable decision.

I would like to note that I hereby certify that the information I have given is true to the best of my knowledge and belief.

Sincerely,

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You've done some good work.

1st - you don't "request" a NOD - you submit a NOD.

2nd - What exactly and all, is stated in the Reasons and Bases Section

for the denial ?

You posted,

"I was denied PTSD/Mental Conditions due to no diagnosis"

If that is the ONLY reason for denial, then all you need is a DX.

Personally, I would NOT include,

"Throughout my record it shows I have bilateral knee conditions due to fast roping from a helicopter and blowing out both knees which ended up requiring multiple surgeries and a medical discharge and being service connected bilaterally."

This has nothing to do with your PTSD.

You would do best to concentrate on the event that a MH doc states is the cause

of your PTSD - most likely the chopper crash.

IMO - just cover the evidence of record that rebuts the denial reason, don't be too long winded

or they won't hardly even read it through all the way.

jmho

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Thank you so much for your input!!!!! It is greatly appreciated!!!!

Yep my denial was exactly that.

PTSD:

Denied - NO DX of PTSD

It didn't saying no DX of PTSD in my military records or no DX of PTSD in VA records. I have absolutely no DX of PTSD, mental issues at all in military records, but tons and tons in my VA records

Blowing out my knee caps was a traumatic event and I still have nightmares about it. Also after the accident and surgeries the commander still required me to fast rope out of helo's which caused stress,anxiety and nightmares the night before I knew we were going to have to go do it again. Every time we did fast rope which was about twice a week if not more for years I would have the image of it happening again, then the image of the helo crashing just like it did 2 days after my fast roping accident. Those were just two events. I was a Hospital Corpsman for the Marines so have hundreds upon hundreds of tramatic events that I saw, witnessed, helped with, etc.

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Also were do I submit it? On ebenefits under the current claim? Mail it in to the RO office? I also happen to have all the top executive claim reps emails addresses if it happen to comes down to me sending them daily emails.

On another topic, My claim is partial still open and not fully closed. They denied most of my claims which I thought they would. PTSD/Mental Issues I was for sure would be granted cause all the evidence, but it was denied, The rest of the claim is in deferment status, whatever that means, ha ha

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