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Jaydog

I DON'T UNDERSTAND THIS NEED HELP !!!

Question

Hello, I have a few questions. I just received a letter from the VA. I was not expecting anything. I opened the letter and  they did a review under the special initiative. First off I do not know what that means anyway. It was just more in depth than the letter i received when they first denied my claim in September 2015. I read through it and basically what they are saying as to why they denied me was because they state that I had a substance abuse problem before I joined. I am not sure how they came up with that. I was 18 when I joined right out of high school. I am trying to think why they would say that. Anyway it should not even be part of the decision. I enclosed the letter I received . It also stated that my timeline is off and i am contradicting myself in my statements. First off the incident happened in 1995 and I did not say anything about it until July of 2014. I now believe because so much time has passed they don't believe me and the want to blame it on something else. I believe the statements they say I contradict myself are probably the one where I did not disclose yet and I tried to get benefit from the VA without disclosing it. Now i feel like theirs no path forward for me to get approved

 

May 23, 2016

 

 

 

 
 

Dear Mr.

 

 

 

 

 

           

DEPARTMENT  OF VETERANS  AFFAIRS

 

 

 

 

 

 

 

 

 

 

 

 

 
?.

 

 

 

A special review of your file was mandated on January 6, 2016.

 

Enclosed is the decision that finalizes the previous provisional evaluation completed on your claim under. The special initiative discussed in our letters dated August 29, 2013, September 9, 2015, and January 21, 2016. Please see the attached finalized decision and appeal rights provided with this letter.

 

You submitted Notices of Disagreement on September 10, 2013, September 25, 2015, and December 4, 2015. These Notices of Disagreement were received premature as you were not properly notified of the decision which finalized the rating decisions.

 

This letter tells you about what we decided.  It includes a copy of our rating decision that gives the evidence used and reasons for our decision. We have also included information about additional benefits, what to do if you disagree with our decision, and who to contact if you have questions or need assistance.

 

What We Decided

We dete1mined that the following conditions were not related to your military service, so service connection couldn’t be granted:

 

 

Medical Description

Right shoulder rotator cuff tear (claimed as right shoulder condition)

Lurnbosacral  strain (claimed as back condition)

Cervical  intervertebral  disc syndrome (claimed as neck strain)

Anxiety disorder

Posttraumatic  stress disorder (PTSD)

Bipolar disorder

Deoression to include alcohol  abuse

 

 

 

 

 

We determined that the following service connected condition hasn't  changed:

 

Medical Description

Percent (%) Assigned

Left shoulder strain with rotator cuff tear

20%

 

We have enclosed a copy of your Rating Decision for your review. It provides a detailed explanation of our decision, the evidence considered, and the reasons for our decision. Your Rating Decision and this letter constitute our decision based on a special review of your claim mandated on January 6, 2016.

 

We enclosed a VA Form 21-8764, "Disability Compensation Award Attachment-Important Information," which explains certain factors concerning your benefits.

 

Are You Entitled to Additional Benefits?

If you served overseas in support of a combat operation you may be eligible for mental health counseling at no cost to you at the Veteran's Resource Center. For more information on this benefit please visit http://www.myhealth.va.gov/mhv-portal-web/.

 

You may be eligible for medical care by the VA health care system for any service connected disability. You may apply for medical care or treatment at the nearest medical facility. If you apply in person, present a copy of this letter to the Patient Registration/Eligibility Section. If you apply by writing a letter, include your VA file number and a copy of this   letter.

 
   

 

 

 

 

You should contact yom State ofiice of Veteran's affairs for information on any tax, license, or fee-related benefits for which you may be eligible as a Veteran (or surviving dependent of  a Veteran). State offices of Veteran's affairs are available at  http://www.va.gov/statedva.htm.

 

The VA provides Blind Rehabilitation services to eligible blind, low vision, or visually impaired Veterans to help them regain their independence and quality of life. The Veteran's blindness, low vision, or vision impairment does NOT have to be related or caused by military service. If you need help with yam vision loss, please contact yam nearest Visual Impairment Services Team Coordinator (VIST) at the eye clinic at yam nearest VA Medical Center. For more information, go to http://www.rehab.va.gov/blindrehab/.

 

What You Should Do If You Disagree With Our Decision

If you do not agree with our decision, you must complete and retmn to us the enclosed VA Form 21-0958, "Notice of Disagreement" in order to initiate your appeal. You have one year from the date of this letter to appeal the decision. The enclosed VA Form 4107,  "Your Rights to Appeal  Our Decision, " explains yam right to appeal.

 

What Is eBenefits?

eBenefits provides electronic resomces in a self-service environment to Servicemembers, Veterans, and their families. Use of these resomces often helps us serve you faster! Through the eBenefits website you can:

 

       Submit claims for benefits and/or upload documents directly to the  VA

       Request to add or change yam  dependents

       Update yam contact and direct deposit information and view payment   history

       Request a Veterans Service Officer to represent  you

       Track the status of yom claim or  appeal

       Obtain verification of yom military  service, civil service preference,  or VA benefits

       And much more!

 

Enrolling in eBenefits is easy. Just visit www.eBenefits.va.gov for more information. Ifyou submit a claim in the future, consider filing through eBenefits. Filing electrortically,  especially if you participate in om fully developed claim program, may result in faster decision than if you submit yom claim through the  mail.

 

 
   

 

If You  Have Questions  or Need Assistance

Ifyou have any questions, you may contact us by telephone, e-mail, or   letter.

 

If vou

Here is what to do.

Telephone

Call us at l-800-827-1000. If you use a Telecommunications Device for the Deaf (TDD), the Federal number is  711.

Use the Internet

Send electronic inquiries through the Internet at httos://iris.va.gov.

Write

VA now uses a centralized mail system. For all written communications, put your full name and VA file number on the letter. Please mail or fax all written correspondence to the appropriate address listed on the attached Where to Send Your Written Corresoondence.

 

Inall cases, be sure to refer to your VA file numbe..-..

 

If you are looking for general information about benefits and eligibility, you should visit our website at https://www.va.gov, or search the Frequently Asked Questions (FAQs) at https://iris.va.gov.

 

We sent a copy of this letter to your representative, California Department of Veterans Affairs, whom you can also contact if you have questions or need  assistance.

 

Sincerely yours,

 

 

Director

VA Regional Office

 

Enclosures:     Where to Send Your Written Correspondence Rating Decision

VA Form 21-8764

VA Form 4107

VA Form 21-0958

 

cc:   CA DVA

 

21/144           jsl079:ng

 

 

 

 

 

 

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration Regional Office

 

 

 
   

 

 

Represented By:

CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS

 

Rating Decision 05/20/2016 ·

 

INTRODUCTION

 

The records reflect that you are a veteran of the Gulf War Era. You served in the Army from January 18, 1994 to May 21, 1996. A special review of your file was mandated on January 6, 2016.

 

Enclosed is the decision that finalizes the previous provisional evaluation completed on your claim under the special initiative discussed in our letter dated August 29, 2013, September 9; 2015,  and January 21, 2016.

 

You submitted Notices of Disagreement on September 10, 2013, September 25, 2015, and December 4, 2015. These notices of disagreement were received premature as you were not properly notified of the decision which finalized the rating   decisions.

 

Please see the attached finalized decision and appeal rights provided with this   letter.

 

Based on the review and the evidence listed below, we have made the following   decision(s).

 

 

 

 

 

 

2 of 10

 

 

DECISION

 

1.   Evaluation of left shoulder strain with rotator cuff tear, which is currently 20 percent disabling, is continued.

 

2.    Service connection for cervical intervertebral disc syndrome (claimed as neck strain) is denied.

 

3.    Service connection for right shoulder rotator cuff tear (claimed as right shoulder condition) is denied.

 

4.    Service connection for lumbosacral strain (claimed as back condition) is denied.

 

5.    Service connection for posttraumatic stress disorder is denied.

 

6.   Service connection for anxiety disorder is denied.

 

7.    Service connection for bipolar disorder is denied.

 

8.   Service connection for depression to include alcohol abuse is denied.

 

 

EVIDENCE

 

VA Form 21-526, Veterans Application for Compensation and/or Pension received August 12, 2012

       5103 Notice Letter dated December 12, 2012

      Martinez VAMC reports (in VVA)

VA compensation examination conducted April 17, 2013

VA Form 21-4138, Statement in Support of Claim received May 27, 2013

       VA rating decision dated August 23, 2013 VA letter dated August 29, 2013

VA Form 21-0958, Notice of Disagreement received September 10, 2013 Correspondence from the veteran received September 10, 2013

VA Form 21-078la, Statement in Support of Claim for Service Connection for Post­ Traumatic Stress Disorder (PTSD) Secondary to Personal Assault received August 21, 2014 VA Form 21-526ez, Application for Disability Compensation and Related Compensation Benefits received August 21, 2014

       Service treatment reports from 11/1992 to 3/2000 Kaiser Permanente records from 1/2004 to March 2006

 

 

 

 

 

Sacramento County Mental Health records 3/2007 UC Davis records 1/2006 to  1/2010

Contra Costa records 9/2005 to 9/2014 John Miur Health records 1/2005

Request for VA treatment reports from Long Beach, Sacramento VAMCs dated October 9, 2014

      DPRIS reply received  October 9, 2014, and  October  17, 2014, indicating no service  personnel

Records are available

      VA Form 21-0820, Report  of General Information  dated October 20,  2014

       Service personnel  records from November  1993 to May  1996

VA Form 21-0820, Report of General Information dated January 31, 2015

VA Form 21-0820, Report of General Information dated April 2, 2015, from MST coordinator

VA compensation examination conducted July 2015

VA letter dated August 5, 2015

       Statement from Shawn  received  August 22,  2015

      VA Form 21-0781a, Statement in Support of Claim for Service Connection for Post­  Traumatic Stress Disorder (PTSD) Secondary to Personal Assault received August 22, 2015 VA rating decision dated September  8,  2015

VA letter dated September 9, 2015

      Notice  of disagreement received  September 25, 2015 (Premature Notice of  disagreement)

       Long  Beach VAMC/Anaheim  CBOC reports  3/2014 to 9/2015

VA Form 21-526ez, Application for Disability Compensation and Related Compensation Benefits received October 1, 2015

      VA Form 21-0958, Notice  of Disagreement received December  4, 2015 (premahrre  NOD)

VA Form 21-0820, Report of General Information dated January 5,   2016

      Fax request  dated January  5, 2016 to Martinez VAMC

      Compensation examinations conducted November 2015 Martinez VAMC  9/1997 to 6/1999

VA rating decision dated January 19,, 2016 VA letter dated January 21, 2016

 

REASONS FOR DECISION

 

1.   Evaluation of left shoulder strain with rotator cuff tear currently evaluated as 20 percent disabling.

 

The evaluation of left shoulder strain with rotator cuff tear is continued as 20 percent disabling. (38  CFR  §3.32l(a);  38  CFR §3.32l(b)(l)}

 

 

 

We have assigned a 20 percent evaluation for your left shoulder strain with rotator cuff tear based on:

  Limited motion of the arm at shoulder level

 

Additional symptom(s) include:

  Painful motion of the shoulder

 

The provisions of38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, in coordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and are not warranted. Although there was additional loss of range of motion with repetitive movements, these changes did not rise to the next higher level of disability.

 

A higher evaluation of 30 percent is not warranted for limitation of motion of the arm unless the evidence shows:

  Limited motion of the arm to 25 degrees from the side.

 

2.    Service connection for cervical intervertebral disc syndrome (claimed as neck strain).

 

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

 

Service connection for cervical intervertebral disc syndrome (claimed as neck strain secondary to left shoulder) is denied since this condition neither occurred in nor was caused by service.

 

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. There was no continuity of symptoms from service to the present. The evidence does not show that your condition resulted from, or was aggravated by, a service-connected disability. The VA medical opinion found no link between your diagnosed medical condition and military service.

 

Your service treatment reports from November 1993 to May I 996 show no complaints of or diagnosis of cervical spine, neck condition.

 

You were provided a VA compensation examination in November 2015.  The examiner reviewed the claims file, including service treatment reports, private medical reports, the history and the evidence presented at the examination. The examiner opined the neck condition is less likely than not due to the service connected left shoulder strain. The examiner indicated the neck condition is more likely due to left cervical radiculopathy

 

 

 

3.    Service connection  for right shoulder  rotator  cuff tear  (claimed  as right shoulder condition).

 

Service connection may be granted for a disability which began in military service or was caused  by some event or experience in  service.

 

Service connection for right shoulder rotator cuff tear (claimed as right shoulder condition secondary to left shoulder strain) is denied since this condition neither occurred in nor was caused by service.

 

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. There was no continuity of symptoms from service to the present. The evidence does not show that your condition resulted from, or was aggravated by, a service-connected disability. The VA medical opinion found no link between your diagnosed medical condition and military   service.

 

Your service treatment reports from November 1993 to May 1996 show no complaints of or diagnQsis of a right shoulder disability.

 

You were provided a VA compensation examination in November 2015.  The examiner reviewed the claims file, including service treatment reports, private medical reports, the history and the evidence presented at the examination. The examiner opined the right shoulder condition is less likely than not due to the service connected left shoulder strain. The examiner indicated the condition may be right shoulder weakness and pains may also be secondary to a cervical radiculopathy and/or an undiagnosed rotator cuff tendinopathy.

 

4.    Service connection  for lumbosacral  strain (claimed  as back condition).

 

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

 

Service connection for lumbosacral strain (claimed as back condition secondary to left shoulder strain) is denied since this condition neither occurred in nor was caused by service.

 

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. There was no continuity of symptoms from service to the present.  The evidence does not show that your condition resulted from, or was aggravated by,  a service-connected disability.                                                                             The VA medical opinion found no link between your diagnosed medical condition and military    service.

 

 

 

Your service treatment reports from November 1993 to May 1996 show no complaints of or diagnosis of a low back disability.

 

You were provided VA compensation in November 2015. The examiner reviewed the claims file, the service treatment reports, the post service treatment reports, the history and the evidence from the VA examination. The examiner opined it is less likely than not the lumbar spine condition is secondary to left shoulder strain.  As a result of the claimant's inability to lift

heavy objects with either his left or right shoulder it would ·be highly unlikely for the claimant's unilateral  or bilateral shoulder condition to cause a lumbar strain since the claimant is unable  to lift heavy objects that would strain his lumbar spine. Also, since the claimant’s post-service

Medical records have not established a baseline back condition because his post-service medical records have been silent for post-service back condition; there is no evidence of aggravation.

 

5.   Service connection for posttraumatic stress disorder.

 

Service connection for posttraumatic stress disorder requires medical evidence diagnosing the condition in accordance with 38 CFR 4.125(a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred.

 

A diagnosis of posttraumatic stress disorder must meet all diagnostic criteria as stated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. The evidence does not show a confirmed diagnosis of posttraumatic stress disorder which would permit a finding of service connection.

 

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.  There was no continuity of symptoms from service to the present.  You submitted a lay statement to

Support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent and sufficient in this case to establish a diagnosis of your condition or to show that a diagnosis had been made by a medical professional. You submitted a lay statement to support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent or credible evidence of the symptoms of your claimed condition. Although, some evidence supports your claim, we found other medical evidence more persuasive because it is supported by an accurate account of the medical history and/or it is the most detailed and reliable depiction of your medical condition. While some evidence supports your claim, we found other medical evidence more persuasive because it is supported by your relevant military

And/or personal history. The VA medical opinion found no link between your diagnosed medical condition and military service.  You submitted lay evidence that your claimed disability is

 

 

 

 

7 

-=-r-

 
of 10

 

 

 

Related to events or treatment in service. We have determined that the service treatment records and post service evidence contradict your statement(s) of a connection between your service and your claimed condition, and find the other evidence is more credible when considered in light of all the evidence.

 

November 1993 service entrance examination shows a history of substance abuse before service. Service records show you were recognized for outstanding performance in December 1994. In January 1995 you were.promoted.  Your enrollment in counseling is noted as command directed   in August 1995. Discharge action was initiated in January 1996. March 1996 service separation examination shows no complaints of or diagnosis of the record from November 1993 to May 1996.

 

You have provided statements in August 2014 and August 2015, regarding you’re claimed in­ service event. The time frame you identified is not consistent with the timing of the onset of the substance abuse counseling.

 

       The time line indicates onset over one year after your release from    active duty.

 

Kaiser Permanente treatment reports show treatment for mental health symptoms beginning in 2004.   InJanuary 2005 you are diagnosed  with  bipolar disorder.

 

The correspondence frodocumenting his recollection of the history has been reviewed.

 

Because we were able to identify a marker in your service treatment reports you were scheduled for a VA compensation examination which was conducted in July 2015. The examiner indicated you do not have a diagnosis of posttraumatic stress disorder. The examiner did not diagnose posttraumatic stress disorder.

 

6.    Service connection for anxiety disorder.

 

Service connection may be granted for a disability which began in military service or was caused by  some event or experience in  service.

 

Service connection for anxiety disorder is denied since this condition neither occurred in nor was caused by service.

 

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.   There was no

 

 

 

3lr

8  of 10

 

 

Continuity of symptoms from service to the present. The VA medical opinion found no link between your diagnosed medical condition and military service.

 

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. There was no continuity of symptoms from service to the present. The VA medical opinion found no link between your diagnosed medical condition and military service.

 

November 1993 service entrance examination shows a history of substance abuse before service. Service records show you were recognized for outstanding performance in December 1994. In January 1995 you were promoted.  Your enrollment in counseling is noted as command directed in August 1995. Discharge action was initiated in January 1996. March 1996 service separation examination shows no complaints of or diagnosis of the record from November 1993 to May 1996.

 

You have provided statements in August 2014 and August 2015, regarding your claimed in­ service event. The time frame you identified is not consistent with the timing of the onset of the substance abuse counseling.

 

Kaiser Permanente treatment reports show treatment for mental health symptoms beginning in 2004.  In January 2005 you are diagnosed with bipolar   disorder.

 

The correspondence from documenting his recollection of the history has been reviewed.

 

Because we were able to identify a marker in your service treatment reports you were scheduled for a VA compensation examination which was conducted in July 2015. The examiner diagnosed major depressive disorder and other specified anxiety disorder. The examiner indicated it is at least as likely as not the stressor occurred. However the examiner indicated

The series of experiences you found to be distressing, you reported antagonistic harassment by superiors related to alcohol rehabilitation contributed to his distress. The examiner indicated it cannot be said with confidence that his depression or anxieties are solely attributed to the claimed in service event. Your depressive symptoms are reported to be related to significant negative views of self and guilt/shame over past alcohol abuse and its sequelae including domestic violence, Dills, impact on his military career, and current alienation from wife and   child.

 

7.    Service connection  for bipolar  disorder.

 

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

 

 

9 of 10

 

 

 

Service connection for bipolar disorder is denied since this condition neither occurred in nor was caused by service.

 

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. There was no continuity of symptoms from service to the present.                                                                      Although, some evidence supports your claim, we found other medical evidence more persuasive because it is supported by an accurate account of the medical history and/or it is the most detailed and reliable depiction of your medical condition.

 

Kaiser Permanente treatment reports show treatment for mental health symptoms beginning in 2004.   In January 2005 you are diagnosed with bipolar disorder.

 

8.    Service connection  for  depression  to include alcohol abuse.

 

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

 

Service connection for depression, dysthmic disorder to include alcohol abuse is denied since this condition neither occurred in nor was caused by service.

 

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. There was no continuity of symptoms from service to the present. The VA medical opinion found no link between your diagnosed medical condition and military service.

 

November 1993 service entrance examination shows a history of substance abuse before service. Service records show you were recognized for outstanding performance in December 1994. In January 1995 you were promoted.  Your enrollment in counseling is noted as command directed   in August 1995. Discharge action was initiated in January 1996. March 1996 service separation examination shows no complaints of or diagnosis of the record from November 1993 to May

1996.

 

You have provided statements in August 2014 and August 2015, regarding you’re claimed in­ service event. The time frame you identified is not consistent with the timing of the onset of the substance abuse counseling.

 

Kaiser Permanente treatment reports show treatment for mental health symptoms beginning in 2004.   InJanuary 2005 you are diagnosed with bipolar disorder.

 

 

 

JASON SIPES 552 35 1079

10 of 1O

 

 

 

The correspondence fro, documenting his recollection of the history has been reviewed.

 

Because we were able to identify a marker in your service treatment reports you were scheduled for a VA compensation examination which was conducted in July 2015.  The examiner diagnosed major depressive disorder and other specified anxiety disorder.  The examiner indicated it is at least as likely as not the" stressor occurred. However the examiner indicated

The series of experiences you found to be distressing, you reported antagonistic harassment by superiors related to alcohol rehabilitation contributed to his distress. The examiner indicated it cannot be said with confidence that his depression or anxieties are solely attributed to the claimed inservice event. Your depressive symptoms are reported to be related to significant negative   views of self and guilt/shame over past alcohol abuse and its sequelae including domestic violence, Dills, impact on his military career, and current alienation from wife and   child.

 

 

 

REFERENCES:

 

Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our web site,   www.va.gov.

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The decision states:

"Because we were able to identify a marker in your service treatment reports you were scheduled for a VA compensation examination which was conducted in July 2015.  The examiner diagnosed major depressive disorder and other specified anxiety disorder.  The examiner indicated it is at least as likely as not the" stressor occurred. However the examiner indicated

The series of experiences you found to be distressing, you reported antagonistic harassment by superiors related to alcohol rehabilitation contributed to his distress."

That, in my opinion ,is not a stressor.

We have a topic here I did on what is and isn't a stressor available under a search.

 Although combat is not the only prerequisite for a stressor, this does not come close to a non combat stressor.

Others might disagree with me and chime in here.

 

 

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You need to order your Cfile, and review your records.  Does your entrance exam show a history of alcohol abuse?  Also read your C and P exams.  The decision states the examiner stated your shoulder issue was less likely than not related to service.  This means you have not got a nexus.  If, indeed, your c and p exam says this, then you will need to fix this to get SC, probably by an IME/IMO.  

You need to check your records to see if the statments they made are consistent with the medical records/cfile.  If not, its possible either the VA did not read your evidence, they shredded some, or they used another Vets medical records (yes, it happens).  

 

You posted (from your decision) :

"You submitted a lay statement to

Support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent and sufficient in this case to establish a diagnosis of your condition or to show that a diagnosis had been made by a medical professional. You submitted a lay statement to support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent or credible evidence of the symptoms of your claimed condition. Although, some evidence supports your claim, we found other medical evidence more persuasive because it is supported by an accurate account of the medical history and/or it is the most detailed and reliable depiction of your medical condition. While some evidence supports your claim, we found other medical evidence more persuasive because it is supported by your relevant military

And/or personal history. The VA medical opinion found no link between your diagnosed medical condition and military service.  You submitted lay evidence that your claimed disability is..."

 

The underlined portion is not a valid reasons and bases.  They must be specific as to what medical evidence conflicted your lay statements.  They need to say something like, "The Veteran reported xx, but Dr. C on 4-14-2010 stated this was yy, and that xx was incorrect".  

You probably need to file a NOD, after reviewing your cfile, before, if it does not arrive within  a year.  

 

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Thanks for the reply Berta. I agree that  "The series of experiences you found to be distressing, you reported antagonistic harassment by superiors related to alcohol rehabilitation contributed to his distress."

I never said it was in the interview. They added that in. What I said in the examination after the personal assault that happened to me I was basically walking around in a fog the whole time and the only thing that let my mind calm down was drinking and that got me in trouble a lot. After That point my Behavior changed and the images of what happened I could not get out of my head, so when they said it was a series of experiences from drinking which leads to my distress. I guess I need to make myself more clear. I believe everything related to the military was distressing to me, Because it was a constant reminder of what happened and that person was in the unit near me, so I was constantly on guard, so pretty much where ever I went I was always watching my back. I really started to become paranoid. I don't know how i can correct this ? If they say that the stressor occurred how can they say that it does not affect me. That incident changed my whole view of the world....This Document makes me out to look like a lair. Also they did not use the notes in my VA medical file which states I have PTSD Related to MST. How come there is no mention of that ?  

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I apologize, I had no idea there was more to this and it regards inservice MST.

There has been some excellent advise here on MST claims, some of it from vets with MST themselves.

Did you specifically raise MST in the initial claim?

Broncovet is right! You need to get a C file copy and copies of all of your treatment records.

Also if you need your SMRs from NARA, ask for ALL of your Personnel files as well.

The drinking and change in your inservice behavior proves that something happened to you, and if MST ,that is a Major stressor.

Search here for the MST discussions.

"This Document makes me out to look like a lair." The VA Makes us ALL feel like that.

"Also they did not use the notes in my VA medical file which states I have PTSD Related to MST. How come there is no mention of that ? "

Did they ever list this or mention as evidence at all?

Maybe that is why they seemed to say there was evidence both for and against the claim.

 

 

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I am going to start the process of getting my C-file. I need to see whats in there and they did not use the notes that my VA doctor wrote in my medical notes. 

Thank you for your input on this issue. Its just strange how they wrote in the letter that they said I had a substance abuse problem Before I joined, Hows that possible I just graduated High School. I was only 18 and I was very responsible. The Assault happened around January or February and that's right around the time my performance went down hill.

Service records show you were recognized for outstanding performance in December 1994. In January 1995 you were promoted.  Your enrollment in counseling is noted as command directed   in August 1995. Discharge action was initiated in January 1996. March 1996 service separation examination shows no complaints of or diagnosis of the record from November 1993 to May

1996.

 

Thank you again for your guidance and input.

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