ptsd Recent Cavc Decision

[Berta]

My former vet rep might have handled this vet's initial claims-

I recall the veteran and his wife complained to the main office of my POA and I heard about it all----

I was upset at the whole situation and mentioned it here-quite some time ago-

The veteran, a Vietnam vet, was denied at the RO and the BVA for a PTSD claim because there was no current diagnosis of PTSD.

I could not understand how a veteran could file a claim and then not obtain at least a C & P-to see if he did have PTSD and then to provide him care for it, as well as an established diagnosis.

My POA is right at the Bath VAMC where the vet could have been told to enroll into the system to obtain PTSD help.

The vet and his wife were very upset about the BVA decision - and my POA supported it and not the veteran.This might be him:

http://webisys.vetapp.gov/isysquery/irlf9d0/40/doc

Fripp V Nicholson

"see McLendon, supra (duty to assist triggered when evidence indicates current disability may be associated with veteran's service" and

"In the case of any veteran who engaged in combat, 38 U.S.C. 1154(:D provides that the Secretary shall accept lay testimony as sufficient proof of service incurrence provided that such evidence is found "satisfactory" and "consistent with the circumstances, conditions or hardships of such service," and there is an absence of clear and convincing evidence to the contrary. 38 U.S.C. 1154(B); Cohen v. Brown, 10 Vet.App. 128, 145- 46 (1997); 38 C.F.R. 3. 304(f) (2006)."

"There is no dispute that Mr. Fripp served in combat while in Vietnam; he received the Vietnam Campaign Medal and Combat Action Medal . R. at 10. The Board did not discredit Mr. Fripp's testimony, nor did it adequately discuss whether a medical opinion was required to decide his claim. Instead, the Board dismissed his lay statements of symptoms because he did not have a current diagnosis of PTSD."

"However, whether a VA examination or opinion must be provided does not require that a claimant present a medical diagnosis; evidence of "persistent or recurrent symptoms of disability" may be adequate to trigger an examination. See 38 U.S.C. 5103A(d). Mr. Fripp's testimony of symptoms was entitled to more analysis than it received, especially when he has presented evidence of in-service stressors during his combat service, and some of his alleged symptoms are consistent with the VA disability criteria for mental disorders under 38 C. F.R. 4.130 (2006). See 38 U.S.C. 1154(B); Buchanan v. Nicholson, 451 "

"Therefore, the Board's statement of reasons or bases for its decision is inadequate and prevents effective judicial review of whether VA complied with the duty to assist. See 38 U.S.C. 7104(d)(1) (explaining that Board decision must include statement of reasons or bases for conclusions); Gilbert v. Derwinski, 1 Vet.App 48, 57 (1990). Accordingly, a remand is appropriate. See Tucker v. West, 11 Vet.App. 369, 374 (1998) ( remand is remedy for inadequate statement of reasons or bases). On remand, the Board will afford Mr. Fripp a VA medical examination or explain with adequate reasons or bases why, in light of McLendon and the language of the statute and regulation, Mr. Fripp is not entitled to such assistance on the part of VA. See 38 U.S.C. 5103A(d); McLendon, supra.

Upon consideration of the foregoing, it is

ORDERED that the July 14, 2004, Board decision is VACATED and the matter is REMANDED for readjudication consistent with this order"

I wonder how many veterans with PTSD do not even get into the VA health care system-to get a proper diagnosis.I don't know if this is same vet I heard about but this is consistent with the prior BVA claim I read that denied him.

(dont know why the doo dad faces showed up in my post)

Edited November 22, 2006 by Berta

[Tower_Rat]

yeah ive read in the BVA case files a bunch of veterans that dont get diagnosed at all for PTSD and then try and win it at the BVA level which is impossible without the diagnosis. When I went to the psychiatrist I was lucky in that the other doctors didnt want to diagnose me with anything especially PTSD. The psychiatrist was an older one and had been practicing for 30 years or more at the VA. He told me the problem with the newer VA docs is that no one wants to give a diagnoses because their afraid of the reaction of the VA. IE to many doctors helping veterans = to much money being spent. Im lucky because after this doctor helped me with my claim. The VA forced him to retire because of his age they said. He told me it was because when something is wrong with someone whatever it is that he investigates it and diagnosed it and the VA hated that he would do it so quickly because of all his experience in the field. I mean 30 years at the VA im sure he had seen it all and then some and knew exactly what was wrong with someone after talking to them briefly just by their symptoms. In my course I went to 4 doctors who wouldnt diagnose me with anything until i went to him and he angerly told me He was diagnosing me because the others were scared to. (chronic PTSD, depression, panic disorder) He put me on one medication and told me that it would help me, he wrote me a not that said i couldnt work for 12 months and made it generic enough that it passed for SSD also. Then after he retired the other doctors I got started me on all kinds of other medicines that have more side effects than you can count. I was doing ok on just the one until the other docs got a hold of me. "If you dont take your meds your non compliant". "You dont want to be knocked out of the game early." what the hell its all a game to them. Slowly they tried to exempt the first diagnoses's and just said they were concerned with the new ones and stopped writing it in my medical notes which I had to take all my paperwork to the VA adjucation file people to get my medical diagnoses changed which is no easy task indeed. I hope none of you have to go through any of this, and if you do I hope that you catch it early on in the game so you can change your game plan to win your claim. It is literally a game to the death with them. I think some of them would rather see the veteran slowy die then treat them correctly for their real problems while the RO just keeps on denying them on some of their claims. They are a machination of denial.

Just venting maybe I shouldve posted this on another thread.

Berta is right though the VA alot of times isnt diagnosing the way that they should and alot of it I think is on purpose to slow claims down.

Tower Rat

[john999]

Tower Rat

The young doctors at the VA must have gotten the word to not diagnose PTST because it is going to cost money. I get a PTSD screen every time I see my VA primary care doctor or my pain management doctor at the VA. They seem to be actively trying to identify PTSD cases at least at the intake level. You know the primary concern of the VA health care system is to provide the cheapest health care possbile while pretending to honor their duty to veterans. It is a fraud.