Claim started, got diagnosed during process

[babs1979]

It took me long time to get the courage to go to the VA. I started my claim to help me get motivated to go and finally get help. I went and was prescribed BUPROPION HCL and TRAZODONE HCL. I was diagnosed with Adult victim of sexual abuse during military service (SCT 718495005), Chronic post-traumatic stress disorder (SCT 313182004), Generalized anxiety disorder (SCT 21897009), Mild alcohol dependence (SCT 713583005), Severe major depression with psychotic features (SCT 73867007) and Sleep disorder (SCT 39898005). I added all of this to my claim. Is it too late for them to review it since they haven't reached a decision yet? 

[broncovet]

You posted:

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I went to the Regional Office and got a copy of my last C&P exam. 

Smart.  Very smart. You must have been listening to posts of senior hadit members.    Now, you can work on fixing this "deal breaker":

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They have that "The claimed condition was less likely than not (less than 50 percent) incurred in or caused by the claimed in-service injury, event or illness.

This "virtually guarantees" a denial, until or unless you fix it.  Your VSO may not tell you that your "negative nexus" will mean this will be continiously denied until fixed.  To "fix" it, you have some options:

1.  Write the Va and tell them how crazy the Vet doc is.   This NEVER WORKS, and, even tho its what some VEts do, then they hire a lawyer 10 years later who gets an IMO/IME and fixes it.  

2.  Get an IMO/IME "refuting" adverse medical evidence with favorable evidence.  This usually works eventually, but wont work if you have to file a CUE, as it wont be undebateable, there will be a "balance of positive and negative evidence" putting your claim in "equipose", where VA will grant it, as long as its not CUE.  

3.  Try to get a more favorable opinion from ANOTHER VA doc, who "just might" provide a nexus statement at no cost.  (That is what I did and it did not cost me anything.)  

4.  Challenge the compentency of the examiner.  This applies especially when:

     a.  You find out early as you did by getting a copy of your c and p exam pronto.  

     b.  The doctor had little or no experience in treating MST, if that is what you are claiming.  You see, this doc is "testifying" as an expert witness.  Ok, well if he has no idea what MST is, and has not treated it, how can he make an "expert" opinion?   You may have to dig to find your examiner's Ciriculium Vitae.  If you do "not" challenge the competency of the examiner, within a narrow period of time, then the examiner is "presumed" competent, even tho he may be a janitor who filled in for the doc while he went to play golf.  

             If you challenge the competency of the examiner, you still need a favorable nexus, and you can get that from an IMO/IME or from another VA doc.  "Buddy letters" will not suffice for a nexus "unless" your buddy happens to be a doctor who has examined you and treats this disorder in his medical practice.  

[broncovet]

Most things are not certain with VA, but you can be certain the VA will deny UNLESS you have all 3 Caluza elements:

1.  Current diagnosis (PTSD< MST< etc)

2.  In service event or stressor (or aggravation).  

3.  Nexus, or medical docs statement that your diagnosis is "at least as likely as not" related to your in service event.  

Without all these 3, your claim is doomed until you get all 3.  Right now, you are missing "at least" the nexus, number 3, that is, you have an "unfavorable" nexus.