Should I honestly just give up on this part?

[rubberduck391]

Hey guys,

Long time lurker first time poster.  I recently completed a C and P exam after a very long time out of the military. My wife and a few of my friends finally got me to seek counseling and file a VA claim. I am currently 10% for skin issues. But I filed for depression. The C and P exam didn't go all that well. She say me litteraly 40 mins thats with time to park check in and see the doc. She rarely looked at me did no tests just typed everything I said and said thank you and I was on my way home. I was hoping some one here could take a look at the C and P notes the doctor wrote and could tell me where I stand. The military docs DX me with depression and dx dysthymic disorder, Personality Disorder NOS (dependent and avoidant traits). The examiner disagreed and just said I have a personality disorder. From what I have read on teh forums is this is the kiss of death for veterans. I don't have the financial means to hire a lawyer and the DAV here locally isn't really responsive to me. Could some one take a look at the notes and let me know of options I may have or not have? Should I just hang up the hat and call it a day?    

Regards,

Duck 

UPDATE: Ebenefits has changed my status to  Pending Decision Approva. I submitted my claims back in April. Seems to be moving rather quickly. 

Edited June 23, 2016 by rubberduck391
update

[rubberduck391]

Navy4life,

First off I want to apologize to you if I may have offended you. I wasn't saying your reason wasn't sound. I do apologize. 

Yes, I had filed a MH claim for depression and anxiety. I had a guy try to do "things" after a night of drinking and everyone had passed out drunk. I had gone to the MIL docs and they had DX me with Depression and borderline personality disorder and I even got the kiss of death there the dreaded " personality disorder "... I haven't been back to a Psy. Dr since the military. If I ever wanted a clearance job it would have boned me. When I did my claim I put in nothing that wasn't visible 110% via the medical records. 

I filed a claim for hearing loss and even though I missed over 50% of the word test and all the beeps and boops. She said my hearing was fine and that Tinnitus was due to stressers in my life. I asked her stressors for 15 years?  I was a jet engine mechanic. I got denied for that too. Got denied for my knees and insomnia as well and that was all in my service records as well. 

I am and will ALWAYS side with veterans I truly mean that. 

[Navy4life]

Rubberduck;

You didn't offend me :)  I just wanted to make sure you were aware about PTSD.

I wish you much luck in your claims!!!

[ArNG11]

I agree with the folks on here with regards to the diagnosis.  You can only be rated for one mental condition anyways.  The fact that there are several, well, that fact should not matter, however, what should matter is that the VA has connected and correctly rated the worst service connected mental injury.

It took me a while to get my mental claim sorted out and it is still fubar'ed, the VA even changed the diagnosis, to correct the mistake and cover their  arse, however, left the door open to reduce the rating before the 5 year mark.  This is the way it goes.  I know better thanks to the advice and knowledge from this site.  As long as your correctly rated for the symptoms and the effect that your injury has on your social and occupational life , those, IMO, are the important facts, with the important connection that it happened in service and was made worse by your service.

If you can get the medical care you need from the VA, heh, great, get it and continue to get the care.  Just be mindful, the VA system, to include the medical side, has an agenda.  My advice is to protect yourself, remain informed, however also get the care that you need.

JMO

[ArNG11]

39 minutes ago, Navy4life said:

Rubberduck;

Your statement is inaccurate regarding PTSD.  Many Vet's like myself suffer PTSD and have never been in combat.  PTSD is for ALL Veterans that truly suffer from PTSD or any MH disorder for that part.  Mine happens to be a result of a personal assault and therefore I was awarded PTSD other than combat.....Just an FYI

Glad to hear the 10% issue got increased to 60%

My apologies regarding the PTSD.  You filed for a MH disorder and honestly they are all to same in some form or fashion.  I am assuming you were denied the MH claim due to the C&P? If you want help from the Vet's here, when you get the denial letter, redact the personal information and post on this site.  Lots of good folks here to help!

Remember just b/c you are diagnosed now doesn't mean it's S/C to your service.  You need a good Nexus letter, SMR's to back it up, and continuity of treatment..

Go to a Walk-In MH clinic to start the process!  It's faster and quicker.  Second, get your doctor to provide a Nexus letter for you that you have been seeing.

I thought you had a C&P exam for MH???

To answer your thread question...NEVER give up!  Fight for what is right!

Also, not sure you know this or not, but I would file an NOD regarding the denial once you have the N&M evidence or file a whole new claim.  Filing the NOD preserves the right for you to get the effective date granted to your original claim file date vs. a new claim it would only be granted at the new claim date filed or the ITF (Intent To File).

Good luck!

Agreed, this is the best move to combat the decision.  New medical and material evidence would greatly help your claims strengths and continuity of symptoms and treatment.

Never GIVE UP!!

[Gastone]

That's why trying to get in front of the Award/Denial decision is usually an exercise in the old Futility Deal. You'll be chasing your tail, right up till E-Ben or Retro Award hits, usually followed by the actual Award/Denial letter in a few weeks.

Just keep in mind, the VA Rater isn't sitting there thinking about slipping you the bone on the Award. Regardless of what the C & P Dr opines, the Rater has all your Evidence of Record and will be the Shot Caller, at this point.

I recently got a 07/15 FDC Secondary Award 0% SC, unbeknownst to me, reviewed by a Phantom VA Quality Review Specialist and bumped to 100% Scheduler 12/15. I was just getting ready to NOD the 07/15 Decision, E-Ben showed the increase 01/03/16. Retro hit end of Jan and Award Letter arrived 04/16.

You just never know, you know.

Semper Fi

[Andyman73]

On 6/21/2016 at 0:08 PM, rootbeer22 said:

My fight is that my wife does not want to spend any money whatsoever to on the IME/IMOs and fights me all of the way...despite the fact that it's the correct way to go. So if you can pass anything along about your NOD experience I would be grateful. I believe that a vet needs to make it very easy for a rater to go your way with good evidence and a nexus that is packaged properly-for the rater to make the right decision. 

 

Rootbeer22

Hey, sounds like your wife and mine belong to the same club! But I'm a naughty naughty man.  I bought a 2015 VBM without her knowing.  And I'm about to spend 2X that amount for a professional review and critique of my MH C&P boondoggle.  I'm at the point where desperate measures are needed, for my own sanity.