Varo Asistance In Getting An Exam,

[Guest Jim S.]

I know how the VA likes to deny the Veteran access to C&P that would more likely help them prove SC. Can a Veteran request and get Help from the VARO for such an exam as part of their duty to assist?

Can a Veteran seek an opinion of nexus from a private source, (IMO) and have the VA/VARO pay for such an opinion, since the Veteran has been unable to get an opinion of nexus, from the VAMC for what the Veteran is seeking SC for?

Or can you submit a claim and prevail, to have the VARO pay for an opposing opinion of nexus, on the grounds of financial poverty?

Maybe it's worth a try, since those at the VAMC are reluctant to search for the cause of my current psychological probems other than to just treat their effects on my mind and body.

Jim S. :(

[Hoppy]

I know how the VA likes to deny the Veteran access to C&P that would more likely help them prove SC. Can a Veteran request and get Help from the VARO for such an exam as part of their duty to assist?

Can a Veteran seek an opinion of nexus from a private source, (IMO) and have the VA/VARO pay for such an opinion, since the Veteran has been unable to get an opinion of nexus, from the VAMC for what the Veteran is seeking SC for?

Or can you submit a claim and prevail, to have the VARO pay for an opposing opinion of nexus, on the grounds of financial poverty?

Maybe it's worth a try, since those at the VAMC are reluctant to search for the cause of my current psychological probems other than to just treat their effects on my mind and body.

Jim S. :(

Jim,

It is funny you put up this question. I was going to make a post on this subject. I was not sure how it would affect your claim due to the fact that you had a C&P prior to the initial denial back in the seventies. You might still in the position where it would be best to submit new and material evidence to get your claim re-opened.

I was originally denied without a C&P exam in 1997. I had an inservice diagnosis and a post service diagnosis for the same disease. At that time the law required both in-service diagnosis, post service diagnopsis and a nexus letter. Without a nexus letter the claims were ususlly denied as "not well grounded". There was big hoopla in the congress, as the congress wanted to change the law. Mr. Thompsom testified before a sub-committee that the need for C&P exams was not justified because the VA's research showed that a very small percentage of denial were reversed when a C&P was later scheduled.

As far as I can remember the Congress went ahead and changed the law requiring the VA to give a C&P exam for the purp[ose of establishing nexus. As time went on I think the law was changed again to require a C&P exam if the veteran had only a post service diagnosis. The purpose of such C&P exam was to determine if any events in the military could be linked to the post service diagnosis.

In your case you could demand a C&P on the basis that the DSM IV was not used in your original denial in the seventies. The post Wings put up explained this requiirement. The problem is that I do not know if the VA would wiggle out saying that it applies to claims that have not already been adjudicated. If you went to a doctor and got a doctor to write a letter that you have a new diagnosis (which if I remember correctly you have from social security) and the new diagnosis is more likely than not linked to your condition in the military than this should both fulfiil the old requirement of the law and any new requirement.

I realize you are having problems getting opinions from the doctors in your area. If you were to make it easy as you can for them to start working on your case by asking only that they help you get a C&P exam they might help. I have found VA doctor who were willing to work very hard for veterans and do entire workups for the new diagnosis.

There is a strong theoretical basis for a connection between the inservice diagnosis and any subsequent post service diagnosis you might have. That is why I previously told you to get a post service diagnosis and a GAF score. Without going into a lot of detail I will tell you that it is very unusuall for a person to develop a diagnosable psychiatric condition in their 4th or 5th decade of life without related symptoms occurring in the 2nd or 3rds decade of life. I am not a psychologist. However, I did get an "A" in upper division personality theory at UCLA.

[Guest Jim S.]

The problem with the Social Security decision, They used what the VAMC had on record for me and made their ruling based on only what was sufficient to prove my claim. My physical NSC problems alone were sufficient for the decision to award my SSDI. at no time did I recieve a physical or psychological evaluation from their Dr's or Psychiatrists.

I'm unaware, whether they used my psychological profile to make their decision, but they are supposed to consider the whole picture concerning whether to award SSDI or not. Their could be something in my file, such a a report from their Dr's that has evaluated all the evidence, which includes my VA records.

Maybe I can inquire with SS as to what they may have added to my records that may be of help and/or to see who does their pyschological evaluations and seek them out for their assistance, for what is recommeded here?

It's Friday night, so I will have to wait until Tuesday to check into it.

Monday I guess is a Federal Holiday, Columbus Day.

Jim S.

[Hoppy]

The problem with the Social Security decision, They used what the VAMC had on record for me and made their ruling based on only what was sufficient to prove my claim. My physical NSC problems alone were sufficient for the decision to award my SSDI. at no time did I recieve a physical or psychological evaluation from their Dr's or Psychiatrists.

I'm unaware, whether they used my psychological profile to make their decision, but they are supposed to consider the whole picture concerning whether to award SSDI or not. Their could be something in my file, such a a report from their Dr's that has evaluated all the evidence, which includes my VA records.

Maybe I can inquire with SS as to what they may have added to my records that may be of help and/or to see who does their pyschological evaluations and seek them out for their assistance, for what is recommeded here?

It's Friday night, so I will have to wait until Tuesday to check into it.

Monday I guess is a Federal Holiday, Columbus Day.

Jim S.

Jim,

It sounds like your SSD was awarded the first time through without a denial. If you had seen an administrative law judge on appeal all the evidence used for the decision would have been detailed in the decision. You are right though. Once they find one qualifying disability they do no further research. It would be interesting to see what they did base the award on. I am not sure what forms to ask you to look for.

[Guest Jim S.]

Hoppy: The award letter has on it what they felt was suffient to award SSDI, they list a few of my physical problems without any mention of my psychological problems, but it is more the pyschological problems and the effect they and my medications have on me, that keep me from working. If it weren't for the psychological problems and effects the meds cause, I could easily work from my electric chair, dispite the need for oxygen. Of course I probably would have a hard time finding a job around here that would hire me with my several handicaps. I would certainly have to learn a new occupation.

Jim S.

p.s. It has arrived, it has arrived, arrived at last, my VBM CD has arrived at last. YAAAA!!!!!! :(

[Hoppy]

Hoppy: The award letter has on it what they felt was suffient to award SSDI, they list a few of my physical problems without any mention of my psychological problems, but it is more the pyschological problems and the effect they and my medications have on me, that keep me from working. If it weren't for the psychological problems and effects the meds cause, I could easily work from my electric chair, dispite the need for oxygen. Of course I probably would have a hard time finding a job around here that would hire me with my several handicaps. I would certainly have to learn a new occupation.

Jim S.

p.s. It has arrived, it has arrived, arrived at last, my VBM CD has arrived at last. YAAAA!!!!!! :(

Jim,

One other place to look for diagnoses is at the VAMC. There is a form they use to list your conditions. I do not know the form #. Once I saw it in my medical records. It had several diagnoses that I was unaware of. I guess doctors like to make diagnoses and not tell the patients about the diagnosis. One of the diagnoses was for depression.

Did you see the post by Berta saying that a closed unappealed claim can open the door for CUE claims. I still do not know if any adjudication error would qualify for a CUE. But one of my previous ideas about errors made might work. I liked the one where the C&P doctor did not indicate the time of onset of the symptoms of the personality disorder. Thus, since the diagnosis was made post service they could only attribute the post service symptoms to the personality disorder based on "clear and convincing evidence". I will bet the decision says nothing about "clear and convincing". I am sure that would have been part of the code even in the 70's.

[Guest Jim S.]

Hoppy: Your absolutely correct that the decision did not say "clear and convincing" Nor did the Examiner give a time line when the personality disorder may have started.

However, the Examiner did state, " my major opinion at this time is that the person does represent with an inadequate personality...."

I only read this to mean, as saying that the person represents someone with an inadequate personality at this time. Failing to support further when the inadequeate personality began.

The inadequate personality could well have been the result of the mental disorder, or even as a result of the head injury causing a concusion and a slow frontal lobe wave form as shown on a EEG test while hosptialized for the mental disorder.

What I'm trying to say, their are probably many Veterans out their who should be SC because of overiding mental disorders, hidden within the claim as a personality disorder by the VA.

Jim S. :(

Edited October 8, 2005 by Jim S.