diabetes Pension For Anxiety With Depression Granted? Opinions Please?

[Josephine]

DECISION

1. Entitlement to nonservice -connected is granted

2. The claim for service - connected for chronic anxiety with depression remains denied because the evidence submitted is not new and material. (Same for all the other illnesses).

REASONS FOR DECISION

You are unable to secure and follow a substantially gainful occupation due to disability. You are 59 years old, have a level of education reported as high school, and last worked in 1983. The evidence shows you to be disabled due to these disabilities of chronic anxiety / depression, headaches, diabetes, hypothyroidism, vestibular conditions/inner ear condition, degenerative disc disease of L-4 and L-5 - S1. chronic obstructive pulmonary disease and ethroid sinusitis.

Why did the Va give me a pension, for chronic anxiety and depression, to which was denied, due to excessive income?

I secured the psychiatric records from the archives and the letter from the commanding officer as to why I was given an early discharge, in 2004, new and material evidence to re-open my claim.

Why did the Va sent me for a C&P for an " Acquired Psychiatric Disorder" and not the Chronic Anxiety and Depression, to which I was granted a pension for?

Any one know the answer.

Lost that is me Lost,

Josephine

[Guest jangrin]

Josephine,

Why did the Va give me a pension, for chronic anxiety and depression, to which was denied, due to excessive income?

I don't think the VA gave you a pension based on the above. I think the VA said you were eligible for a pension because you had served in the military for over 90 days and you qualified for the non-service connected penion because you couldn't work due to non service connected disability.

Then because you filed for pension, as the VA said you should. When the application was reviewed it was determined that, although you met the criteria for pension for non-service connected disability when you file for the pension you did not met the financial requirement. Your income was too high income below or at "poverty level" or whatever they call making to much money.

They agreed that you had these disabilities, but they still disagreed that they were service connected. Pensions are only based on having served in the military and financial need, not based on SC disability. Based on non-SC disability.

JMHO

Jangrin B)

[Josephine]

posted twiced.

sorry,

Josephne

Edited November 12, 2006 by Josephine (see edit history)

[Josephine]

REASONS FOR DECISION

You are unable to secure and follow a substantially gainful occupation due to disability. You are 59 years old, have a level of education reported as high school, and last worked in 1983. The evidence shows you to be disabled due to these disabilities of chronic anxiety / depression, headaches, diabetes, hypothyroidism, vestibular conditions/inner ear condition, degenerative disc disease of L-4 and L-5 - S1. chronic obstructive pulmonary disease and ethroid sinusitis.

jangrin,

I understand this, but what I need to know why the change of the wording from chronic anxiety to " acquired psychiatric disorder"?

Why didn't I have a C&P for Chronic Anxiety and Depression, for which I was filing?

I did not file for an " acquired psychiatric disability".

Thanks,

Josephine

[Guest jangrin]

Josephine,

I certainly do not attempt to imply that I have any answers to your delema. I also want you to know that I hope you win your case and if I can help in some way I will.

It's called CYA- cover your azz. Ultimately, the VA is doing just that in my opinion. People decide to make a little change in wording and hope it slips by. Someone, whoever made the decision about the SC or NON-SC

disabilities, decided to call your condition "aquired psychiatric disorder".

the difference is: CHRONIC ="implies long term unresolved"

AQUIRED ="shorter duration-etilogy unknown"

I don't profess to be a medical arts professional, but simply changing a word or two can change a persons perspective, especially a health provider who may be reviewing a file. If you aquired something along the way and they can't really decide when it happened, then it is more likely than not that you aquired it after military service not during. If it's a chronic condition then it is as likely to have begun while serving as not. Benefit of the doubt go to the vet.

I truly feel it was just an attempt to limit VA in the SC of your claim.

Jangrin

[Josephine]

I certainly do not attempt to imply that I have any answers to your delema. I also want you to know that I hope you win your case and if I can help in some way I will.

It's called CYA- cover your azz. Ultimately, the VA is doing just that in my opinion. People decide to make a little change in wording and hope it slips by. Someone, whoever made the decision about the SC or NON-SC

disabilities, decided to call your condition "aquired psychiatric disorder".

the difference is: CHRONIC ="implies long term unresolved"

AQUIRED ="shorter duration-etilogy unknown"

jangrin,

Goodness no. I knew that there had to be a reason why the changing of the diagnosis, but sure didn't know why. I do now.

Thanks a bunch for telling me.

I have 42 years of treatment and medication for chronic anxiety with depression.

I started the treatment and the medication in service.

As it is wording, " acquired psychiatric disorder, I am fighting a loosing batte.

Not exactly anything - short term about this one.

Being that I know the Supervisor of the DRO's of that R.O, I just wonder?

I need all the help that I can get from the members of Had- it.

I may never win a dime from the Va, but I will take this case into the courts. I just have to make sure that all the information is at the BVA first, for I can't add anything later.

Thanks Bunches!!

Josephine

I have only a short time to plead my case with the AMC.

[free_spirit_etc]

Josephine,

I would think that you could use the fact that they used the term aquired psyciatric disorder to your advantage (as long as they admit that you have one).

Aquired means NOT innate (inborn, lifelong, something you have always have).

To say it is acquired does NOT mean that it is acute and will be a brief illness.

Aquired means that you weren't born with it, didn't used to have it - but ACQUIRED it at some point and time --that it kind of "happened" to you.

So the use of the word acquired could really help in your case... as long as you can show that it was acquired during your time in the service.

Free

[Josephine]

Aquired means that you weren't born with it, didn't used to have it - but ACQUIRED it at some point and time --that it kind of "happened" to you.

Free,

Thanks so much for getting on the right track for this hurdle. I would give up and not even put myself through all this, if I had any symptom of anxiety before service.

Thanks for setting me straight.

I will wait and see where all of this takes me.

Josephine

Edited November 12, 2006 by Josephine (see edit history)

[free_spirit_etc]

I admire your strength Josephine. I cannot even imagine trying to wade through this stuff WITH a diagnosis of anxiety or depression.

I have been depressed in my time -but it has been pretty situational (arising from specific situations - but not long term) and i was basically useless much of the time --just plugged through what absolutely needed to be done and let the rest go --forver....lol

Anyway - if you have ACQUIRED anxiety AND your treatment started in service -- that seems to be the place to make the connection.

I think you actually DID make the connection there.... but not sure THEY are getting it.

I was reading how they do "top-sheeting" - (just reading the topsheet of things) - so though we are sending plenty of evidecne to back my husband's claim - we are creating our own topsheets for them. meaning we CLEARLY and CONCISLEY stating what the evidence shows on the first page our two (summarize the high points) and then include all the evidence to support it.

Free

Free,

Thanks so much for getting on the right track for this hurdle. I would give up and not even put myself through all this, if I had any symptom of anxiety before service.

Thanks for setting me straight.

I will wait and see where all of this takes me.

Josephine

[Josephine]

I think you actually DID make the connection there.... but not sure THEY are getting it.

Free,

You are absolutely correct, as to whether or not, they get it, I have no ideal.

I would like for someone at the Va. tell me why I had the second C&P within 5 months of the first one.

Dr. MXXXX couldn't make it any clearer with his examination.

The letter from Dr. B.CC , my doctor that treated me in service, said he didn't know how to clarify his records any more than he has. He wrote the letter to the Va. It is all in the SMR'S.

I hadn't spoke to Dr.B.C C. for 42 years and had I not baby -sit for him and his wife, he would have never remembered me.

Bless him, for he thought that they gave me a medical discharge and that I had been drawing benefits all these years.

I will have to be honest with you, having water drip down your hands to your elbows from fear is not the most of pleasant situations.

That is the one thing that all the doctors agree on.

Thanks,

Josephine