Appeal Complete,no Notification Sent

[air1]

I just check my appeal and it shows completed on 06/19/2015. It also doesn't show notification sent and I check under letters and it show the same no service connection.Is it possible that they ebennie hasn't been updated fully.I cant access appeals review until September.I am waiting on Berta to call me back.Its been 40 months and I have an attorney.

[air1]

Thanks Berta.I cant scan. Evidence: Ratings decision 07/2013/SSA records 02-2014/VA Form 21-4138 stating that as she worked at same company she knew of ER visit and month long group therapy at mental health for treatment 1983/Private assessment Mr Atkinson 04-2014/Statement Lorenza Ferrell(witness assault)10-2014/ Transcript DRO hearing 12-2014/Prestera treatment records received 12-2014/Huntington VA Medical Teatment reports. Reasons and Bases: Denied SC Depression/PTSD/ for chronic acquired condition. STRs show psychiatric complaints though chronic disability not diagnosed during service or within one year.(evaluation officers report 02/1980 findings state" His depression and disillusionment with military life cannot be remedied ,he has difficulty working with others and adapting to military life).The service record and corrobating statements support personal assault in service. _Upon review of VA examination results and entire evidence, VA examiner diagnose depressive disorder NOS, opined condition related to recent life stressors and unrelated service event. Examiner stated that record not support continuous treatment or symptons that would relate a current disorder to an in service event.(nightmares and panick attacks when police car gets behind me or dreams of being lockup in hallway and not being able to communicate with anyone for three days while in military and being beaten is this not related event). _ A Private examination 04/2013 by Mr Atkinson shows PTSD and Major Depression Disorder. He opinion that service related but not supported by clinical rational.(Mr Atkinson stated that I was clearly suffering from PTSD ,history of substances abuse, depression and anxiety all more than at least likely as not have proximate cause in traumatic even tat Lackland AFB while in service. His fear of police now is directly related to being beaten up while in military and has caused major problems throughout his life personally and vocationally and continue to present, Impairment equal TO AT LEAST 50% OR MORE.I would call him unemployable). __The VA examiner opinion assign greater probative value due to supporting rationale and her credentials as a Doctoral level psychologist. Mr Atkinson opinion assigned less probative value due to lack of rationale and his credentials as Masters level psychologist. (My MD MOODY AT PRESTERA THE PSYCHIATRIST I SAW ONE A WEEK FOR 12 WEEKS WHILE I WAS PARTIAL HOSPITAL COMING GROUP THERAPY EVERYDAY,WHAT WAS HER VALUE.DIAGNOSE ME PTSD-DEPRESSION-ANXIETY). __This is what I received hope you can read it.I was beaten and attack because I stop a fight between military police and Saudis training on the base in 1979.Why? Because coming from WV I was raised to be that way,after the assault by these guys I was afraid and had sleep problems that was in my medical report that they do before discharge-excessive worrying,sleep disturbance. I was put on mental ward later for three days and separated from others and couldn't talk to anyone and then Im again in mental place because of work panick attacks for a month.I then refuse to be locked up again,i just dealt with the nightmares and drank and drugs,now its gotten worse so I got help at prestera in 2012 because I was a walking time bomb I am on meds and therapy helps. DD214 DSM II 307.3 ADJUSTMENT REACTION ADULT LIFE,ACUTE,MODERATE TO SEVERE.

Edited June 24, 2015 by air1

[air1]

Can you scan and attach the Decision, as to their actual Reasons and Bases? (Cover C file, name, address prior to scanning)

And the Evidence list?

PTSD claims get denied mainly for 2 reasons.

If they dont fall under the 2010 regs, by virtue of MOS and incountry Iraq/Afganistan, there must be proof of the stressor

And there must be a medical rationale as to why the stressor caused the PTSD.

Your claim might have been filed prior to the PTSD regs and in that case the non VA MH opinion should have had some weight, but still it needed a medical rationalle, following the IMO criteria here at hadit. .

As to depression, this vet succeeded in getting a BVA award because his depression was re characterized, upon a re opened claim as an acquired psychiatric disorder.

"Service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder with anxiety features and agoraphobia, is granted."

There certainly could be something in that decision that might help you.

In part it states:

"When confronted with conflicting medical opinion evidence, the Board can favor one opinion over another as long as it adequately explains its reasoning. See Wensch v. Principi, 15 Vet. App. 362, 367 (2001). In this case, the Board finds that the positive nexus findings of the Veteran's VA treating psychiatrist outweigh the negative opinion of the November 2007 examiners."

and

"The Veteran has supported his petition to reopen his service-connection claim with letters from Dr. J.N.S., dated in April, May, and September of 2007, which attest to his struggles with major depressive disorder and anxiety and relate the underlying symptoms of those disorders "back to [his] time while on active duty in the Army." Dr. J.N.S. is a licensed psychiatrist whose training qualifies him to address the etiology of the Veteran's mental health problems. See Black v. Brown, 10 Vet. App. 279 (1997). Moreover, the Board presumes him to be credible for the purpose of determining whether his statements are new and material. Justus, 3 Vet. App. at 513."

And

"Specifically, the statements from Dr. J.N.S. suggest a nexus between the Veteran's current depression, anxiety, and related mental health symptoms and his active service. As noted previously, that was the particular element found lacking in the previous denial of the Veteran's service-connection claim. "

The veteran had also been "undergoing psychiatric hospitalization for 47 days during his period of active service, he continued to suffer from severe depression and related symptom" etc

http://www.va.gov/vetapp13/Files2/1312880.txt

NOTHING is impossible.And It does look like they missed some evidence that was probative to your claim.

Have you been in continuous treatment, whether private or VA, for either PTSD or depression?

One question, maybe I should have asked this question right away.....what does this mean:

"AND STATED IN MY DISCHARGE PAPERS THAT DUE TO MY DEPRESSION AND DISILLUSIONMENT WITH MILITARY LIFE I CAN NOT BE REMEDIED,MY LAST PERFORMANCE REPORT INDICATE DIFFI CULTY WORKING WITH OTHERS."

That shows a nexus of depression to service but we need to read the words of VA to see how they handled whatever the "discharge papers" and your DD 214 said about your discharge..

as it seems they might be saying the depression is solely due to 'disillusionment' with being in the military.

II just left info below in next post.Thanks!

[Berta]

I feel the key to the denial is this and your DD 214:

"AND STATED IN MY DISCHARGE PAPERS THAT DUE TO MY DEPRESSION AND DISILLUSIONMENT WITH MILITARY LIFE I CAN NOT BE REMEDIED,MY LAST PERFORMANCE REPORT INDICATE DIFFI CULTY WORKING WITH OTHERS."

Did the VA make any statement in the decision regarding what your discharge papers state?

Your IMO was not from a medical professional that VA could recognize, as supported by their references to "Mr." Atkinson.

I suggest that you obtain a lawyer and refer them specifically to this PDF, and particularily to page 12 of 16, under part 4:

.
"4.
In 1977, the applicant was diagnosed with “Adjustment Reaction of Adult
Life,” diagnostic code 307.3 in DSM
-
II. This diagnosis was abandoned in 1980 and i
s no
longer in use by the American Psychiatric Association or the Coast Guard. According
to the
Textbook of Military Medicine
published by the Office of the Surgeon General of the
United States Army, the diagnosis was “reserved for more or less transient
disorders of
any severity ... that occur in individuals without any apparent underlying mental dis
-
order and that represent an acute reaction from overwhelming environmental stress. ...
If the patient has good adaptive capacity, his symptoms usually recede as
the stress
diminishes.”
5
Furthermore, someone who was diagnosed with “Adjustment Reaction
of Adult Life” in 1977 would today receive a diagnosis of either an adjustment disorder
or post
-
traumatic stress disorder, not a diagnosis of a (permanent) personality disorder."

Of couse this pdf is dated prior to the 2010 PTSD regulations and you have never had a Personality Disorder diagnosis, from what I can see here.

This BMCR decision was for a Coast Guard Veteran, with a BCMR Docket number of 2001 -032 so I assume this was the date it was signed.

http://boards.law.af.mil/CG/BCMR/Discharge%20and%20Reenlistment%20Codes/2004-044.pdf

In April 2015 you posted here ::

"MY LAWYER SAID SHE SEEN PEOPLE WITH LESS EVIDENCE GET A POSITIVE RATING.JUST WORRIED AND TIRED.PTSD-DEPRESSION -ANXIETY MY CLAIM RELATED TO ASSAULT IN MILITARY.CURRENTLY IN THERAPY(PSYCH) AND WEEKLY SLEEP DISTURBANCE CLASS."

I strongly suggest that you refer your lawyer to the above BMCR pdf.

The BMCR case might be very valuable to your appeal and you might need to get a correction made to your DD 214.

But If your lawyer has not had experience with BMCR, other lawyers have had that experience.

http://www.finkrosner.com/veterans_personnel_records.html


http://www.peblawyer.com/attorney_profile.html((PEB lawyer but might have a good referral for you)

http://www.militarylawdefense.com/Practice-Areas/Discharge-Upgrade-Military-Records.aspx


http://www.fedpractice.com/Areas-of-Practice/BCMR.aspx

http://www.militarylawpro.com/

[air1]

I feel the key to the denial is this and your DD 214:

"AND STATED IN MY DISCHARGE PAPERS THAT DUE TO MY DEPRESSION AND DISILLUSIONMENT WITH MILITARY LIFE I CAN NOT BE REMEDIED,MY LAST PERFORMANCE REPORT INDICATE DIFFI CULTY WORKING WITH OTHERS."

Did the VA make any statement in the decision regarding what your discharge papers state?

Your IMO was not from a medical professional that VA could recognize, as supported by their references to "Mr." Atkinson.

I suggest that you obtain a lawyer and refer them specifically to this PDF, and particularily to page 12 of 16, under part 4:

.

"4.

In 1977, the applicant was diagnosed with “Adjustment Reaction of Adult

Life,” diagnostic code 307.3 in DSM

-

II. This diagnosis was abandoned in 1980 and i

s no

longer in use by the American Psychiatric Association or the Coast Guard. According

to the

Textbook of Military Medicine

published by the Office of the Surgeon General of the

United States Army, the diagnosis was “reserved for more or less transient

disorders of

any severity ... that occur in individuals without any apparent underlying mental dis

-

order and that represent an acute reaction from overwhelming environmental stress. ...

If the patient has good adaptive capacity, his symptoms usually recede as

the stress

diminishes.”

5

Furthermore, someone who was diagnosed with “Adjustment Reaction

of Adult Life” in 1977 would today receive a diagnosis of either an adjustment disorder

or post

-

traumatic stress disorder, not a diagnosis of a (permanent) personality disorder."

Of couse this pdf is dated prior to the 2010 PTSD regulations and you have never had a Personality Disorder diagnosis, from what I can see here.

This BMCR decision was for a Coast Guard Veteran, with a BCMR Docket number of 2001 -032 so I assume this was the date it was signed.

http://boards.law.af.mil/CG/BCMR/Discharge%20and%20Reenlistment%20Codes/2004-044.pdf

In April 2015 you posted here ::

"MY LAWYER SAID SHE SEEN PEOPLE WITH LESS EVIDENCE GET A POSITIVE RATING.JUST WORRIED AND TIRED.PTSD-DEPRESSION -ANXIETY MY CLAIM RELATED TO ASSAULT IN MILITARY.CURRENTLY IN THERAPY(PSYCH) AND WEEKLY SLEEP DISTURBANCE CLASS."

I strongly suggest that you refer your lawyer to the above BMCR pdf.

The BMCR case might be very valuable to your appeal and you might need to get a correction made to your DD 214.

But If your lawyer has not had experience with BMCR, other lawyers have had that experience.

http://www.finkrosner.com/veterans_personnel_records.html

http://www.peblawyer.com/attorney_profile.html((PEB lawyer but might have a good referral for you)

http://www.militarylawdefense.com/Practice-Areas/Discharge-Upgrade-Military-Records.aspx

http://www.fedpractice.com/Areas-of-Practice/BCMR.aspx

http://www.militarylawpro.com/

They never mention my discharge in the ratings denial and I think I submitted a case or my Masters Degree License psychologist Mr Atkinson mention that the 1980 adjustment disorder discharge would be equal to what you just mention,they have this in their files.But I will fax this to my lawyer to put with appeal and also maybe fax it to them myself,would that be ok

[Tbird]

air1 i'm going to go with berta on this i think at this point an attorney is probably your best bet. they almost all do free consultations and won't take your claim if they don't think they can win it.

[air1]

They never mention my discharge in the ratings denial and I think I submitted a case or my Masters Degree License psychologist Mr Atkinson mention that the 1980 adjustment disorder discharge would be equal to what you just mention,they have this in their files.But I will fax this to my lawyer to put with appeal and also maybe fax it to them myself,would that be ok

Berta,should I CUE this base on the EO report giving reason for discharge signed by commander and sent for approval and those findings stated that "due to my depression and disillusionment with military life and difficulty working with others .they stated ing reason never diagnose but they used this as a reason for discharge and given the case you sited above people diagnose with Adjustment Reaction To Adult LIfe really had mental issues that had no underlying history. So CUE or send this info you sent me along with stressing the EO report and DD214.THe rater should have look at this info if he or she going to stated probative weight which insinuate that you read whole file of evidence.

Edited June 28, 2015 by air1