hypertension PTSD Denied NSC - Schizophrenia NSC

[VietnamVetSis]

ZERO Rating Decision received!  

1. "The previous denial of service connection for PTSD is confirmed and continued.  The evidence does not show a current diagnosed disability".  
2. "The previous denial of service connection for schizophrenia, residual type, competent is confirmed and continued.  The evidence does not show an event, disease or injury in service.  Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.  The evidence does not support a change in our prior decision.  Therefore we are confirming the previous denial of this claim.

Doesn't being WIA with purple heart from grenade booby trap show an event and injury in service?   Furthermore, they made no mention of Agent Orange disabilities claimed (hypertension, ischemic heart disease, etc) even after I responded to 8 of their questions on this disability.   

They did concede 50% schizophrenia NSC as well as INCOMPETENT requiring my brother to engage me as Fiduciary.  Also gave him 40% combined for osteoarthritis and muscle strain SC for his wounds in arm, heel, and knee.   At least he'll get this money.   But I am utterly flabbergasted and discouraged that they would deny him the major PTSD and Schizophrenia claims.   Guess I'll be taking to higher authority now --- Berta, Bronco, anyone ?

[Berta]

Will he give you permission to scan and attach the Reasons they gave here? And the evidence list?

(Cover c file prior to scanning it)

And also his last C & P exam they based this on?

[THOMAS89031]

VVS:  Sadly, you/your brother are dealing with someone in the VA who has no common sense OR CLUE as to what they are doing!!

Its going to take a lot of research, but in the end, you/ your brother will prevail.

In Wilson V Drewinski (1991) "The regulations requires CONTINUITY OF SYMPTOMATOLOGY; NOT

CONTINUITY OF TREATMENT...

Yes, the WIA does show an event..etc...

 

As for your brothers IHD,  suggest you/he fill out your info on  va form 21-0960A-1 , and take it to your brothers cardio dr. and have him complete it.  I would also complete a VA 526-EZ (ASKING TO REOPEN A PREVIOUSLY DENIED CLAIM) and send it to the VA along with the 21-0960-A.

IMHO, you should FAX these forms to the VA INTAKE CENTER IN JANESVILLE,WI.  FAX# 844 822 5246 

BERTA/THES REST OF THE GANG WILL GET DOWN IN THE TRENCHES WITH YA....HANG IN THERE!!!

[VietnamVetSis]

Berta - Here is the rating decision.   We will accept the disabilities granted for his battle wounds, but disagreement is with the PTSD and Schizophrenia being declined as service connected.   They were completely mute on the Agent Orange symptoms we claimed.   The C&P exam performed in April was not included with the VA papers.   I don't know what the Examiner said about his physical and mental condition.  

Need help on this:

• Do I indicate acceptance of the 40% SC ratings decided on his battle wounds and also indicate we're filing a NOD with the NSC decisions for PTSD and Schizophrenia on the same "Statement in Support of Claim"?
• I need to get an expert involved for our NOD and a new claim for Agent Orange since they completely overlooked that -- A rep at American Legion wants to take it on.   Do I go this route or go to an attorney?
• Will QTC give me a copy of his exam?  Or do I need to go through the Request for VA treatment records again through Saint Louis Records?
• I need to get him another dr exam to show evidence of his current Agent Orange symptoms.  Should i get an IMO ?
• I want to make sure I am chosen as his Fiduciary -  there is a form for this that I presume I send in on line.

Rating Decision 5-16-16.pdf

[Berta]

Were any AO disabilities claimed on the 21-526 form?

"I need to get an expert involved for our NOD and a new claim for Agent Orange since they completely overlooked that -- A rep at American Legion wants to take it on.   Do I go this route or go to an attorney?" I would let a rep look it over first.

• "Will QTC give me a copy of his exam? " The VARO should be willing to release it to you with a formal request for it.

 

• "I need to get him another dr exam to show evidence of his current Agent Orange symptoms"
•  
• Did the 5103 waiver or anything else from the VA  ask for more specific medical evidence of any claimed AO disabilities?

There were many personal statements from you in the evidence list.

VA often breezes over statements like that in favor of concentrating on any established medical evidence, such as formal diagnosis and treatment records..

I think you had mentioned here before that he had heart disease. Did they have any medical evidence to that affect?

 

[Berta]

"Furthermore, they made no mention of Agent Orange disabilities claimed (hypertension, ischemic heart disease, etc) even after I responded to 8 of their questions on this disability."

Sorry I missed that at first...they properly developed the 5103 waiver as far as I can tell.

The vet rep will want to see a copy of that and how you responded to it. 

The 40 % GSW rating is for what would obviously be a stressor. There must be something in the original denial that they would not re-open the PTSD claim for.

The Vet rep might well use this 40% rating as New and Material to the PTSD claim....

Your statements would be good as to symptomatology, but long standing serious symptoms have to  lead to documented medical care.

I concerns me that they did not defer the AO issue, but simply seemed to ignored it.

 

 

 

Edited May 30, 2016 by Berta

[Mark D Worthen PsyD]

What diagnosis does his current treating psychiatrist list? How about mental health treatment in the past--did they diagnose schizophrenia? PTSD? 

When did he first manifest symptoms of schizophrenia? When did he first receive treatment for schizophrenia?

Sorry to ask so many questions, but that information will help me and others to give you more specific advice. 

I agree with @Berta - you have a right to receive a copy of the C&P exam reports from VBA after the Rating Decision. Use VA FORM 3288 and either mail or fax it to the VBA Centralized Intake Center. If you mail it, do so in a way that gives you proof that it was received, e.g., U.S. Postal Service Signature Confirmation. If you fax the form, you will receive a fax receipt from the VBA centralized intake center.

I attached a copy of VA FORM 3288 with some tips for how to fill it out.

You can complete the form by printing it and then filling it out with a pen, or you can type your answers into the form, and then print it. Be sure to sign and date the form in ink. VA FORM 3288 is online at:

http://www.va.gov/vaforms/va/pdf/VA3288.pdf

All the Best,

Mark

VA3288-Request-for-Records-use-for-C-file_Requests.pdf

Edited May 30, 2016 by Mark D Worthen PsyD
clarity