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]

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. :(

Jim,

Has any specialist ever made an evaluation of the EEG results and how it might affect your diagnosis. If not, there is a good avenue to persue to get new medical evidence. I think the failure to do such evaluation in the seventies can not be turned into a cue. However. I still like the idea that the did not use "clear and convincing" as the threshold of evidence necessary to apply the personality disorder to post service symptoms as being the adjudicational flaw. It is expecially a flaw because he did not indicate what happened to the military diagnosis only to say he did not fully agree with it. That does not sound clear and convincing to me. Additionally the clear and convincing threshold should have been explained by the adjudicator in the decision if in fact it was the basis of the decision.

[Guest Jim S.]

Hoppy: They must have done a good evaluation of the EEG, since they did it shortly after my concussion and later after they took me off my meds for a period, to remove their effect in their analysis, so they could say diffinitively that the blow to the nasal bone and subsequate concussion was the cause of the slow wave form of the frontal lobe.

I understand and quite agree with your "clear and convincing" theory.

I would seem to me, that since the VA Examiner did not re-examine the the cause of the slow wave form to the frontal lobe, then the exam was insufficient for the VARO to make a decision on. That their was not clear and convinsing evidence to rebutt the results of the EEG and anything that might be associated with such findings.

Clear and convincing works for me. They niether showed clear and convincing evidence and or statement to the fact, that the original diagnosis was in fact in error and the Examiners diagnosis of the inadequate personality was the correct one. Nor did they show clear and convincing evidence to show that the slow wave form shown by the EEG had resolved itself or possibly it could be argued that the inadequate personality could have been the result of the head injury.

I'll have to look into this further, now that I have my VBM CD to help.

Jim S.

[john999]

Inadequate personality disorder is something the VA believes you were either born with or developed over time from childhood. That is why it is not ever considered service connected. It really makes no sense since the same is true of schizophrenia.

[Hoppy]

Hoppy: They must have done a good evaluation of the EEG, since they did it shortly after my concussion and later after they took me off my meds for a period, to remove their effect in their analysis, so they could say diffinitively that the blow to the nasal bone and subsequate concussion was the cause of the slow wave form of the frontal lobe.

I understand and quite agree with your "clear and convincing" theory.

I would seem to me, that since the VA Examiner did not re-examine the the cause of the slow wave form to the frontal lobe, then the exam was insufficient for the VARO to make a decision on. That their was not clear and convinsing evidence to rebutt the results of the EEG and anything that might be associated with such findings.

Clear and convincing works for me. They niether showed clear and convincing evidence and or statement to the fact, that the original diagnosis was in fact in error and the Examiners diagnosis of the inadequate personality was the correct one. Nor did they show clear and convincing evidence to show that the slow wave form shown by the EEG had resolved itself or possibly it could be argued that the inadequate personality could have been the result of the head injury.

I'll have to look into this further, now that I have my VBM CD to help.

Jim S.

Jim,

The "clear and convincing" angle works for arguments regarding a situation where there is an in service diagnosis and post service inter-current injury. It does not work for all situations. I am advancing the theory that due to the fact that the diagnosis of personality diorder was made post service and the fact that no date of onset was established then the use of the diagnosis for adjudication purposes puts the post service diagnosis of personality disorder as equal to an inter-current injury. Also, I have read where personality disorders are secondary to organic brain dysfunction.

Have you investigated the posibility that the EEG results represented an irriversable condition that would not resolve and the possibility that there is a rating for the organic brain disorder in the rating schedule. A doctor would need to evaluate the reports from the head injury and write a favorable report that it would not be reversable and then get it rated in and of itself. A weaker argument would involve a current abnormmal EEG and a statement from a doctor that there is no way of determining that the injury in the military that caused the EEG result at that time had resolved.

When I was discharged I was rated "0%" for a knee injury. It was unappealed. 10 years later I had knee surgery on the same knee. I filed a claim for an increase. I won the increase on appeal from the BVA. The BVA cited the pathology reports of the military doctors not the current pathology when making the award. If I had apealed it 10 years earlier I would have been given a higher rating.

I think if you were to find that the EEG results in the military was ratable at that time and they did not rate it it could be reason for CUE. There are situations where the VA is required to rate a condition whether you ask them to or not. They are supposed to look for certian types of conditions the first time your SMR is reviewed post service. IT might be that oorganic brain dysfunction would meet this requirement.

One side note. Do not ask me how I know this. I think I read to much. Do you have nasal rhinitis. If you have nasal obstruction, you should seek an opinion as to the cause of the nasal obstruction. Non-allergic rhinitis is known to be caused by nerve injuries caused by frontal head trauma. Nasal rhinitis is ratable from 10% to 30% depending on the severity of the nasal obstruction.

[Hoppy]

Jim,

The "clear and convincing" angle works for arguments regarding a situation where there is an in service diagnosis and post service inter-current injury. It does not work for all situations. I am advancing the theory that due to the fact that the diagnosis of personality diorder was made post service and the fact that no date of onset was established then the use of the diagnosis for adjudication purposes puts the post service diagnosis of personality disorder as equal to an inter-current injury. Also, I have read where personality disorders are secondary to organic brain dysfunction.

Have you investigated the posibility that the EEG results represented an irriversable condition that would not resolve and the possibility that there is a rating for the organic brain disorder in the rating schedule. A doctor would need to evaluate the reports from the head injury and write a favorable report that it would not be reversable and then get it rated in and of itself. A weaker argument would involve a current abnormmal EEG and a statement from a doctor that there is no way of determining that the injury in the military that caused the EEG result at that time had resolved.

When I was discharged I was rated "0%" for a knee injury. It was unappealed. 10 years later I had knee surgery on the same knee. I filed a claim for an increase. I won the increase on appeal from the BVA. The BVA cited the pathology reports of the military doctors not the current pathology when making the award. If I had apealed it 10 years earlier I would have been given a higher rating.

I think if you were to find that the EEG results in the military was ratable at that time and they did not rate it it could be reason for CUE. There are situations where the VA is required to rate a condition whether you ask them to or not. They are supposed to look for certian types of conditions the first time your SMR is reviewed post service. IT might be that oorganic brain dysfunction would meet this requirement.

One side note. Do not ask me how I know this. I think I read to much. Do you have nasal rhinitis. If you have nasal obstruction, you should seek an opinion as to the cause of the nasal obstruction. Non-allergic rhinitis is known to be caused by nerve injuries caused by frontal head trauma. Nasal rhinitis is ratable from 10% to 30% depending on the severity of the nasal obstruction.

Jim,

I guess you have given this some thought. I started doing some research on "wave form" and found some of your posts on hadit from 3/2004 that were indexed on google. That is something that they found the slowing on two separate tests. It is entirely possible that the military doctors swept a ratable condition under the carpet. They did it to me. The first place to investigate is the rating schedule to see what it says. Also, do they use any descriptive terms for the concussion, such as, mild moderate, severe. Did they indicate the length of time you were unconscious or if you were not unconscious. Did they give you an exit exam that was done by different doctor than the treating physicians that did the tests. If so, what does the exit exam say. I did not realize you had a head injury until this post. I took a couple years off hadit and missed this stuff. I also have a history of head injuries. I was knocked unconscious at least a half dozen times in my life. None of such injuries occurred when I was on active duty.

I am beginning to think that the C&P examiner suspected that the inadaquate personality problem was secondary to a head injury and purposely did not address it in detail so as to limit the liability of the VA. I had a doctor screw me out of a year of SSD by telling me he could not write a letter to social security. He said it was not his job. I got an attorney who told me how to force the idiot to write a letter. Let me know about the descriptive terms of the concussion and I will do some more research. In the end it will take a neurologist to write a report.

[john999]

My father-in-law had a brain injury from service and he developed an anti-social personality. He was just crazy as a bed bug at times and commited serious criminal acts as a result. I liked him but his psychotic and criminal behavior driven by his brain injury made him dangerous to himself and others. He was hurt from the blast of a bomb going off near him. Head injuries can result in all kinds of strange behavior especially lack of self control. Jim if you had a serious head injury anything is possible but you need a doctor to say that. Inadequate personality is just a trash can diganosis. The doc who gave you that diagnosis was just out to screw you. Did you get the feeling he did not like you?