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Do I Have Enough Now To Prove My Sc Claim


Josephine

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  • HadIt.com Elder

I promise to let this claim rest soon.

I called the medical center today and my file has been with the male psychiatrist that refused to sign the C&P of April 2005.

He has been asked by the AMC, for a complete rationale of the decision rendered by him and the lady psychiatrist. The lady shrink authored the C&P with a decision, " nothing bothered her in service. "

I am so nervous to know that he is making a decision and I am not allowed to speak to him or be ask any questions.

If he didn't agree and wouldn't sign the original C&P , there has to be a reason why?

Since that C&P:

Letter from my Military treating doctor, of 40 years back. ( to state that he did indeed gave me prescriptions for librium for anxiety and caffergot for headaches and began my psychiatric consulations for my early discharge).

This is already in my sick bay records with his signature on the meds.

Letter from my Board Certified Internist , stating that the lady shrink was patently incorrect in her facts of me.

He has been my doctor for 29 years and would actually know me much better than their one hour visit. He has the expertise, to state if he has ever treated me for an eating disorder, self inflicted injuries, and that I take my medication as prescribed and that I am not a drug addict.

Letter from husband, two daughters to dispute the lady shrinks slander of me, concerning beating husband and tearing up our home and destroying out home through - out our marraige of 42 years. She states this has been a pattern for me.

Letter from my pastor, ( who has known me since I was 13 and played the piano for the church and counseled me after service), He knew me years before service and after service and the changes in me.

A letter from a friend that has known me since I was 13 to state that I never appeared nervous before joining service and took no medication to her knowledge, and only after service did I start tranquilishers.

She was also with me when I lost the 2nd baby.

He will also have the first C&P done 5 months before with a more likely than not. by the Va Psychologist, which was not included in my claims file by the R.O, for this examination.

I have a copy of my medications taking my CVS to look at and see that I take my medications as prescribed.

I have a letter of explanation of " Doris", the last time that I saw her, she was lying on the right side of the pool, not breathing, I was told to leave immedicately. I never saw her again.

I have the rebuttal to the examination that his partner, Dr L authored and pointed out in my military and private records, that she is using them to give me the historian personality, to which I don't have. I am not saying that over the years, that I may not have some type of personlity problem, but not the Historian one!

He has all of my medical records from 1965 to date. I began Librium for Anxiety in 1964 and pick up again in 1967, as I was pregnant in the years of 1965 and daughter was born in 1966.

He does have a record of over dose in 1965.

I can't meet with him or have any conversations with him.

Do I have everything in my claims file.

Have I left anything out?

Thanks,

Josephine

Edited by Josephine (see edit history)
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Josephine- the BVA remand,which you posted here, ended with 6 or 7 specific things they needed.

It seems you have gotten more current documentation for what they need.

They would also need the treatment records of your current diagnosis but I assume they have them,too.

On a remand -as long as whatever the BVA requests can be produced, the claim should have enough support to award.

It all boils down to the criteria for service connection-

Inservice nexus or link to disability -proven by medical records,buddy statements, etc.

and current diagnosed condition resulting from the inservice link.

This seems to me a key reason they denied:

"The lady shrink authored the C&P with a decision, " nothing bothered her in service. "

And as long as the inservice medical records support that 'something' did bother you in service, with documentation of what it was, and you were treated for it, this is the nexus (link) to your present disability.

As long as there is documentation in the service records of treatment for anxiety and a cause, this would overrule the lady shrink's opinion.

I regret I forget what you mentioned for this question quite some time ago------

Does the VA have your complete current treatment and medication records with a full current diagnosis?

Have you asked your present treating doctor to write an opinion for the VA to support that your condition is being treated , is more than likely linked to your service (by their consideration of your service records) and to support the current diagnosis that you have put in your claim?

I dont know if the VA even will give you another C & P or the 'tests' mentioned by the BVA.

As I mentioned before, the MMPI is an invaluable diagnostic psychological test and I am surprised that they never gave you one yet

But perhaps the doctor that has the claim presently will be more thorough than the other doctor and write a good report-based on all of the evidence.

I am probably the worse person here to ask about your claim because my background is in PTSD claims- which are vastly different than this claim.

Have you looked at some acquired psychiatric disorder claims at the BVA to see how they turned out? There are many there.

This BVA claim for acquired psychiatric disorder was re-opened and granted -with other features of other psychiatric disabilities:

http://www.va.gov/vetapp05/files4/0524738.txt

"Although the service medical

records contain diagnosis of a personality disorder, the

current records and records of VA treatment during the 1990's

have consistently included diagnoses of acquired psychiatric

disorders.

The Board notes that service connection may not be granted

for personality disorders or for disability that is the

result of abuse of alcohol or drugs. 38 U.S.C.A. § 1110

(West 2002); 38 C.F.R. §§ 3.303©, 4.9 (2004); See Winn v.

Brown, 8 Vet. App. 510, 516 (1996).

The evidence demonstrates the veteran had psychiatric

symptoms in service, which competent medical professionals

have stated are causally related to the veteran's current

acquired psychiatric disorders."

The documentation of the psychiatric symptoms in service were what the BVA found as probative to re-open and grant this claim.

It gets back to the criteria for service connection-

current documented diagnosed disability and it's proven link to service.

Edited by Berta (see edit history)
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  • HadIt.com Elder

Berta,

Please try to walk me through this one. I have printed out your reply. This claim of mine has been the largest cover - up since WaterGate.

This seems to me a key reason they denied:

The BVA and The AMC state they denied me because, the C&P by the Board of Two Psychiatrist was not a complete examination, as the male Psychiatrist would not sign the examination.

They told me that they want to know the Why's he refused to sign the examination. Was it the Hypnosis, Was it her slanderous accusations of me with no medical records to support what she said.

The BVA wants to know why the R.O did not send this examination back to the Board or Two to iron out their differences or to order me a new C&P.

The BVA wants to know what in the heck am I doing there? I am there, because I received a Statement of the Case in October of 2004, enclosed the DRO wrote appears that you may have a personality disorder.

I am sending you a form 9 to appeal this decision, although my this is not my final decision, as I am sending you for a C&P examination.

Due to the 60 days time line. I filled out the form 9, but my claim stayed with in the R.O for another two years.

I went for the first C&P in October of 2004 with a More likely than Not.

My claims file was immediately transferred to another R. O .

This R. O was to rate my claim.

They chose to send me to the Board of Two Psychiatrist.

She states what I consider indicative of abuse she doesn't. Nothing bothered her in service.

The BVA wants to know " What is the reason for her early discharge from service". Was I a behavior problem with article 15's. Was it a medical reason, as they know that I was taking Librium and Caffergot.

What was the real reason that I received an unsuitable discharge?

And as long as the inservice medical records support that 'something' did bother you in service, with documentation of what it was, and you were treated for it, this is the nexus (link) to your present disability.

As long as there is documentation in the service records of treatment for anxiety and a cause, this would overrule the lady shrink's opinion.

My service records state that I placed an order for a transfer out of the area in January. I have this long lost document.

February - Dr. C. places into my sick bay records. " Vascular verus Tension Headaches" Caffergot not effective. Librium t.I.d.

February- Dr C places in to my records counseling.

March - Dr. J. Military Pshchiartist states that I was referred to him by the medical officers with the symtoms of nervousness, headaches and irrability. My complaint was dis- sastifed with the working conditions and living in the barracks. He states that he feels that if there were to be a change of working conditons, I could service my time.

March - Dr. M Board Certified Psychiartrist states symtoms are the same. States that she has been dis-satisfied with service since boot camp. He wouldn't write down about the swimming pool. Recommends and early discharge.

April - Letter from commanding Officer, discharged due to unsuitability. She saw Dr. J and we felt that she could remain in service, but after she saw him, she vented her mouth off to anyone that would listen to her that she felt that the psychaitrist would not help her or listen to her. She feels that her values have been deficatd due to crude and foul mouth people. She was not able to do the most menial task. She is of no further use to service.

Now, the 64, 000 question. I vented my mouth off to anyone who would listen, that Dr. J refused to write down the incidents of a doctor jerking me by the neck until I wet all over my self. Being cussed out by the other doctors at the station.

Dr. C. took me home with him on Friday evenings to baby-sit for him and his wife, to watch their two children and spend the night at their home.

His letters states that he added a tranquisher to my headache medicine for anxiety, that I baby- sit for him and his wife and the station was a close knit bunch, and he would have been made aware had I been any behavior problem. He assisted me with my early discharge and referred me to the psychiatrist for caring and sensitivity. I was a very suitable person, or they certainly would have not allowed me into their home to watch their children. I was credible and please award me my benefits.

I never took a pill in my life before joining service for headaches for my nerves. Dr. C gave me RX at his home that are not on records.

I have been on medication from 1967 to date.

My doctor states service was the origin of my problem. The first Va. doctor states more than likely and that he isn't telling the VA. anything that they don't already know, as it is down in black and white.

What happend to the aspiring pianist in one year to make the lady psychiatrist write down , when she was discharged from service she took a night job in a hospital as she never wanted anyone to see her sweating hands. She goes on an on about my hands. from a three month job here to a three month job there, until she finally was desperate and saw a surgeon to cut my hands? Her hands followed her everyone she went! She had to finally quit trying employment in 1983, due to the stress and fear of her hands.

What happend in one year to cause this?

This is what Pastor B is saying. " Where did she go and what in the world did they do to destroy her?

I know that my discharge came in and they gave me 24 hours to leave the base with the large total of $15.35 cents. This was to take me from D.C. To Ky. That was the Total amount, not per mile.

It is all in black and white in my records.

Thanks,

Joephine

Edited by Josephine (see edit history)
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  • HadIt.com Elder

x

x

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Josephine, I don't know how long ago your discharge was - - but is it possible to contact anyone that could serve as a witness to your discharge proceedings?! Did you send the VA any buddy statements, letters from family or friends?! ~Wings

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  • HadIt.com Elder

Hi Wings,

I was discharged in 1964 and at that time, I was told by Lt. K that if I took the early discharge, I would be a disgrace and would be giving up all of my G. I Benefits.

I told them to take them, for I was not staying in that place.

Yes, I turned in a buddy letter, of a girl from Georgia, just happen to locate her, she was with me at boot camp, corps school and at this duty station,

She has written a letter to the Va. of what boot camp was like for me and my attempts to pass their old swimming classes and also about Doris. She told them that she was aware of my medication that I was taking in D. C. and how the doctors treated me. When I was ordered never back into the one department by a cussing doctor, just because I was passing out during a procedure, she was the one to relieve me. In fact she took an overdose of my meds and was taken by the M. P's to the dispensary.

The lady Psychiatrist stated" she would have to discount her letter, because she didn't tell of my personality".

I have a letter by a friend that I have known since I was about 9, she is a retired school teacher, she wrote a letter to the Va. of our being in the girl scouts together and how my life was before service, carefree and fancy free and my being as normal as she was. I played the piano for our church and how she loved to sing in the choir. How she always wanted to teach the small child to be the most that they could be and that my dream was to be a nurse, but my dream never came true. I would have to say she would have been about the first to see me after my discharge. She talks about how she is not a qualified physician, but that she is qualified to tell the Va. that something happened to me in service, because of all the head ache pills and nerve pills, which I had never taken or needed before.

As for the lady psychaitrist giving me an Historian personality, she is crazy, she spends 3 pages talking about my sweaty hands and my having a disheaveled look and then gives me the personality of - Always having to be the center of attention, man chasing, drug addict, anoxeia, and what ever sounded good at the time.

I have three letters by my pastor that knew me for 7 years before service and counseled me afterwards. The BVA has ask him if he kept written papers. His answer was no, then he wouldn't have been my pastor.

I turned in my letter from my treating physician at this duty station, as a buddy letter, as he was there present during all of this mess.

The stangest thing to me to this date is:

I get a telephone call from the R. O in West Va. that they are sending me down for the treatments, as the first doctor, who did the first C&P recommended.

I get a reminder from the medical center of the date of my first treatment appointment. My husband drives me almost 150 miles to be there at 8:00.

This first treatment is a C&P under Hypnosis, and they absolutely will not allow him to go back with me. I was so sick afterwards that the nurse on duty had to check me out, for I couldn't remember a thing .

There is a loose screw some where, and I am determined to find it, unless it is just in my head.

Thanks,

Josephine

Edited by Josephine (see edit history)
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