Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Initial Mh Eval

Rate this question


Andyman73

Question

Tomorrow afternoon I am going for my initial MH eval. Feels like the day I shipped out to boot camp, scared out of my mind!

Link to comment
Share on other sites

Recommended Posts

  • 0

" Ok, when should I get the Nexus statement? Since it was only just my initial consult/eval, should I wait until a few more sessions? I know this, I was stopped seconds from attempting to cut my wrists(the long way), while at work, in my workspace. I drank to excess and was picked up for public intox, and had a 3 week outpatient substance abuse counseling. And many sinus and gastro issues due to stress, all in my SMR. Do these count as MH issues/symptoms? Thanks, TexasMarine,"

Sinus and Gastro issues do not necessarily equate to mental issues. At least I don't know of any rationale where they would. However, stress does count, if it was documented.

Cutting wrists, drinking to excess, substance abuse are all signs of some MH imbalance, and could be used by a doctor to show a MH nexus.

If you've already been diagnosed with MH issues, then a nexus statement can be had. You need to visit a MH specialist (particularly non-VA), describe your symptoms and describe your experiences in-services. Take a copy of Buck_52's link. (BTW, there are more than a few docs who specialize in providing nexus statements, although they may cost more, i don't know.) Look for a forensic psychiatrist.

Typically, the VA Docs will NOT provide nexus statements. They don't want to bite the hand that feeds them. But, once again, I could be wrong. It depends on the doc.

It sounds though, like you had some MH problems in-service, and if they are documented, you are well on your way to success.

Now, I know of a few folks who have had such strong nexus statements, that they overcame "no MH issues documented in service." But you need a real pro to get that done.

Link to comment
Share on other sites

  • 0

TexasMarine,

I forgot to add sleep issues, that go along with the gastro and sinus. I believe the lack of quality sleep, and the stress, reduced my body's ability to fight off the sinus and gastro issues. Perhaps working around C-130s and CH-53s, soaking up lung fulls of T-56 exhuast for 5.5 yrs probably didn't do me any favors either.

As for DX while on AD, I received exactly 0(zero), which is to say, no professional medical or psychiatric evaluations of my mental state of mind, after a fellow Marine inturrupted my suicide attempt. My deptartment chief spoke to me for a few minutes. Then he sent me over to the Wing Chaplain, who spoke with me for about 30 minutes. That was it, no follow up, no trip to base medical, or mental health, or nuthin. And I still had 4.5 yrs left of my 6 yr run.

Even if I can't get a nexus statement from my VA dr., after I get a DX, I should be able to file a claim, and the markers should carry me over the line. As far as I understand, the VA changed their official position on PTSD back in 2010. We no longer need a clear nexus event. As long as we have documented "markers" it will qualify us.

So, I wait till the next session to see what happens next.

Semper Fi

Andy

Link to comment
Share on other sites

  • 0

It's well known that many, if not most, GIs that have mental problems, tend to hide/compensate for them through drinking, use of drugs, or some other means. Again, most do not report to the medic when they are 'confused', or having bouts of depression.

In addition, mentioning that you have some mental illness is a sure trip to the farm and subsequent discharge, so we/they hide it. Some don't even know they have/had an issue.

Once you have your DX, attempt to get a nexus from your doc. You may want to file sooner, rather than later, if for no other reason than to get the clock started. (set your effective date) You may need to get a lawyer/doctor on you side for the eventual appeal, but not after the initial denial. If you don't get denied, that's great.

Semper Waiting

Jerry

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Andyman73

Sometimes in a Initial consult a Social Worker/or NP (Nurse Practitioner) will evaluate you and report to the MH Dr

Eventually you should be seen by a Psychiatrist

It is werid this person never brought up your sleep problems/hot/cold sweats /nightmares ect,,ect,, that is usually like the 3 or 4th question they ask.

They usually go over everything that may/could result in MDD/PTSD.

As for as not getting a stressor not documented while on AD they are supposed to use the veteran accounts of the event/trauma and use reasonable doubt and go with presumptive that this did happen & reason of doubt always goes to the veteran.

Just never give up no matter what happens you will win in the end.

...................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Evidence is the key for winning VA claims. An IME/IMO is evidence. What you want to do is to get all your SMR's, personnel records and anything if you have a C-File and bring that with you to show to you IME doctor. That way he can say he reviewed those records. So let's say your IME reviews your SMR's and sees in them something that indicates MH issue. This is one way to create a nexus that you control instead of letting the VA create an alternative reality for you. It is a step by step process to connect in-service issues to a current disability. The main thing is not to mskr a really bad mistake to give the VA a way to subscribe all your symptoms to NSC reasons. It can be tricky because they are looking for loopholes to screw you IMO. They sure tried to screw me over and over again. I used IME's to defeat these attempts. I would not trust the VA as far as I can throw them when it comes to compensation issues.

John

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Could he have a SC Disability at 60% that could cause a MH problem such as depression?

and other types conditions that came up later? this would be possible.

I understand the VA can not take away/reduce a veterans SC Rating if another condition comes up secondary to his existing disability or he has that rating over 10 years.

...............Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use