ptsd Imo For Secondary Condition

[gdsnide]

Hey,think I need a bit of help here.

Have been having eizures since 1967 & at present am 100% T &P

What i want to do is put in for SMC for A & A

OK Here's the question

Have a Civilian Neurologist who has written a very good letter for me & she is framiliar with the VA.

What I need to know is if to get a Secondary the VA has some sort of special form a Doctor has to use?

Have been going to VA Hospitals since 1996 so they have all my records.

See a Shrink for PTSD & he wrote me a letter for SMC & my Primary wrote a letter for SMC & my claim for A & A is at present at the BVA.

I called them & my claim is dated January 2,006 ( With BVA) & they are working on 2,005 Claims so know it will be some time before I hear from the,. WHAT ELSE IS NEW lol

With the IMO I have should I send it to the BVA or just wait & see if they deny me or not?

If the VA requires a form for a Secondary off an established claim I would like to get hold of one to take to VA Docs & IMO so it doesn't get turned down for not being filled out right.

One more question.

If a form is needed on a secondary off an established claim should I getthem filled out & send them to the BVA or just wait for a denial ( Which I am expecting..... Hope for the best...Expect the worst)

Any help greatly appreciated.

GARY gdsnide@hotmail.com If one should E Mail me put hadit in subject line

Again, Thank You for your time.

[Berta]

Gary- how ARE you!

If your claim is at the BVA- if you send them new medical evidence within 90 days of the transfer with a cover letter requesting remand- it could get back to the VARO and might save time-looks like maybe that time period has passed-

I suggest sending new evidence on a BVA claim-to both BVA and the VARO-

The IMO should conform to what we have been talking about here at hadit lately-under search feature -

Also there is no form to use for secondary service connection. A letter will do-

The IMO doctor should have the criteria for A & A as within

38 USC 1114

Also some BVA decisions on A & A will show you what I mean-

The IMO doc has to shape your medical evidence (and lay statements from family members can help A & A claims) into the criteria for A & A.

Then again-since you might be beyond that 90 transfer date- the BVA knows how to read.

It will take time however for them to get to your appeal.

Did you get a VCAA notice on this claim?

Did it state specifically what you needed as evidence?

If the VARO did not comply with the VCAA properly- you could request an immediate remand on this basis by writing directly to the BVA.

They have the VCAA Notice in the file-you have to tell them of the specific violation of the VCAA.

PS-I think they should have made a decision already on SMC as an inferred issue- did they? if they did, what basis did they deny on----

Men and women-this vet had a VERY LONG road to take- to finally get his proper SC award-

It shows persistence as well as medical evidence -is what pays off.

Edited December 15, 2006 by Berta

[john999]

For a secondary condition all you need is a letter saying that you want to claim compensation for X condition as secondary to your service connected condition Y. You need a doctor's report making the nexus between your current SC condition and the secondary condition. I got peripheral neuropathy secondary to DMII. The VA gave me a hard time and tried to weasel out of it by claiming that the PN was prior to the DMII. I ended up going to the DRO on this one. I would research my primary condition and see how strong a link there is between the primary and my secondary condition. I also claimed arterioscelorisis as secondary to DMII and there is a very strong medical link between the two. That does not mean the VA won't deny it. I have a medical opinion from a VA doctor to make the link and testing was done at the VA that shows the artery disease so the records are there. The main thing is the doctor's opinion making the link. Other than that it should be pretty straightforward, but you know the VA.