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Question Regards Depression Proof From Va And Imo


cowgirl

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  • HadIt.com Elder

I have been working diligently with VA, got the paperwork restating all my service connected background, its affect on my life today and a clear diagnosis for depression. This statement outlines medically over 25 years of misdiagnosis, with nexus provided by the VA with my current and clear diagnosis. With this data I can get the IMO that I need, hopefully a statement confirming the VA docs words.

Question# 1 Any advice on how to "speak" to the civilian pysch to get the IMO confirmation to "restate" what the VA doc clarified?

Question #2 How soon should I submit the newly clarified diagnosis for my current claim. or should I try to connect it back to my first claim of many years ago? I didnt exactly list depression on it, but all the elements of my current diagnosis I believe.

thanks, cg

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Cowgirl-there has been some excellent advise here lately on what a good IMO should cover.

The IMO doctor should make sure they state not only the current diagnosis but also refer directly to your inservice medical records and state the nexus they reveal.

If the VA doctor-in your case-already established the nexus- why did they deny the claim?

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Their reasons for the denial was the key to what you need-

if they showed a different diagnosis-in service , then a good IMO could really help considerably by supporting that the diagnisis was incorrect and give a rationale for that statement.

The nexus is key to claims like this- what happened in service, proven by evidence, that caused the depression, or anxiety or whatever emotional situation the veteran was in that has caused a current compensable disability?

Although an IMO doctor is not a witness to any nexus, their IMO should refer to what happened to you in service and why and how it continues to affect you.

And the Nexus should be well supported-if not documented in your military records, then supported by eye witness buddy statements or in any way at all that proves it happened.The VA doctor can state what the nexus is but they might well need to verify it.

I think we all have a tendency when we get a denial- to elaborate on the claim and why it should succeed. But the reality is that the RO does not have a lot of time to read much.

An SOC I got bears this out- in 3 years they only referred to one submission of my evidence from 2003- with medical records attached and they tried to tell me I was reading the medical abbreviations wrong.What is interesting is that- I use Medilexicon- I think my interpretations were correct-this is how I won the Sec 1151 claim-by understanding every single thing they entered in the med recs- but this was the weakest part of my evidence- they ignored all of the good stuff.

I suggest solely focusing on why they denied.

The reasons and bases are the keys-to what you need and it pays to try to be as concise as you can.

Why did they deny?

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  • HadIt.com Elder

Berta you said "

I suggest solely focusing on why they denied.

The reasons and bases are the keys-to what you need and it pays to try to be as concise as you can.

Why did they deny?"

the reasons for decision is summarized as follows:

"because there is no evidence of permanent residual orchronic depression disability in SMRs

"although SMRs show visits to Mental Health over a period of years for depression/worry, examiners pined bereavement and work related adjustment disorder,.

"retirement exam shows no residuals"

'VA records show Axis 1 'depression" no evidence caused by military service

"We need medical evidence showing specific favorable opinion of relationship between current diagnosis and active duty stuff ....."

"treatment records from last assignment fail to show confirmed Axis 1 diagnosis supported by favorable diagnosis ......."

SO if I read all this right, nexus, nexus is what they are expecting. I have that in writing now and a probable misdiagnosis idendtification from years past.

SO I either complete IMO process/statement or submit the newest detailed VA diagnosis asap.

Thanks for hearing me out berta and hadit folks, lifts my spirits, cg

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  • HadIt.com Elder

Saw SO today, said best to submit well defined diagnosis (in hand) for current claim. I am concerned even though SMR records show pysch care on/off over 20 years, initial 95VA claim denied psych as ailment, although been under VA care since 04

Question: Should I try to connect back to 95VA claim. or fastforward to 2004 when VA started helping me? Or trudge on status quo with current strong claim? I am rereading original claim word for word, denial word for word and want to succeed.IF misdiagnosis during service do I claim that and make a difference?

Thanks, cg

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  • HadIt.com Elder
Cowgirl,

If you still have time that is a window to appeal the 2004 claim, then u should dwell on that claim and get the nexus into the regional office. Your first goal is to keep the present claim alive.

When the claim comes back approved then you will want to request an eairler effective date, goin gback to the first claim you submited.

**Am I getting the idea on whats next? Opinions welcome, Think I am nearly there!**God Bless Hadit ! - cg

"I go ahead with current claim and nexus/diagnosis letter from VA doc. ALl goes well that will be approved. Then I may be able to request an earlier effective date going back to the 95VA claim I submitted. I just found the 95VA claim and noticed I didnt use the word "depression" on it. I did mention psych complaints, listing a few major circumstances breifly. SMRs support those items definitely. IN either claim, VA doesn't reference mental health clinic notes maintained seperatly from SMRs. I beleive those could help validate my 95VA psych complaints. I think I need to request those or ask the VA to obtain them Meanwhile I plan to get a IMO to outweigh the first CPexam pysch notes (suggested personality disorder) whereas VA docs now clearly state and connect major depression to service".

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  • HadIt.com Elder

Cowgirl

Win the current strong claim so that you can get IU or 100%. You can worry about an earlier effective date after you start getting your compensation checks rolling in. A bird in hand.......

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