Hearing Coming Up

[Dean]

I got a letter the other day and was told that I have a hering in about 3 weeks. I do not know what is on my docket at all. I have so many things filed, I do not even know whatthings that the hearing is about. I have went through this before. It sux how they do not tell you in the letter that the hearing is about. When I call the idiots in Atlanta they tell me that they do not know. The person acted like it was a problem to just answer the phone. I finally found out what was on there but I can't count on her to be correct since she was trying to get me off of the phone every time she got finished with a sentence. I was writing this as I was on the phone.

I am thinking that Depression will be on the docket along with other things that I have filed. I have been trying to get service connected for depression for a long time now. The only way that I think that I can get them to do this is to explain to them that the depression is secondary. I have tried to get every doctor to put that in my records. I have been denied for this even though I gave them the record years ago to look at that this doctor put this on. Now I have to find that 1 paper in about 5 boxes of my files. I am going to try to get a copy of that record from the V.A. but it was years ago and the doctor is gone now.

If anyone has any idea's that can help me please send me an e-mail. I am going to be up to my neck in paperwork for the next couple of weeks. Thanks in advance.

[Dean]

((((Bu it is going to take time for that next hearing to occur-)))

This is the next hearing......so I am told.

I asked for this to go to another hearing on October 18, 2006.

Never heard of a hearing this fast. Has anyone else?

[Dean]

((((("In addition, the Board notes that

at page 22 of the transcript, the veteran indicated that an

addendum had recently been added in regard to his service

connected hernia. That record does not appear in the claim

file.")))

I turned this in by a fax I think. But never the less, I found every entry in my records for every time that I went to the surgery clinic for this. I will be personally giving it to the judge myself.

((("In light of the examiner's reference to additional planned

research, the Board must conclude that the opinion, although

apparently negative as to a relationship between chemical

exposure in service and the acoustic neuroma, is in fact

inconclusive"

Under Remand:

"VBA should contact Dr. M.B. and

determine whether he conducted the

additional research referred to in his

September 1997 opinion, and if so, ask

him to state his conclusion with respect

to a relationship between the veteran's

exposure to polyurethane and zinc

chromate in service and the post-service

diagnosis of an acoustic neuroma"

Did VBA do that -better yet- have you reached this doctor for the information they ask for?)))

I have went another route on this one, but I need a doctor to help me on it. I found a case that the same judge from my case was on. I have submitted it to them.

I thought that it was in the document that I posted.

(((Was this due to the Remand being unsuccessfully fulfilled?)))

Yes I think that is what this case is all about as I mentioned before.

I have been in close touch with the BVA in Washington through this entire case. I found an e-mail address for the BVA and the AMC. They have worked with me the entire time. I sent things by E-mail and by Fax to them.

This should be in the Word document that I posted also.

(((Are you eligible for Medicare and would a Medicare doctor be able to provide perhaps free IMOs to you?)))

Yes, and already on top of this. I explained the problems below. I am not going to give up though. I am in the middle of changing insurance companies at this time though.

I got caught with my pants off on this one. I had already pulled them off and could not find them. ROFLMAO :P :o

I have been working on this since 12am and it is almost 8am now.

It helps to know that other people are concerned and trying to help. I will owe this board some time after this is over. I guess I will have to stick around instead of putting my head in the sand for a year like I have been doing. But as you and others know. This stuff is nerve racking and gets to a person. Especially someone with all of the problems that I have.

My family tries to understand, but it is hard on the kids to understand. I am taking my 16 year old to court with me as well as my wife and mother. My 16 year old will have them in tears if they have any feelings at all. We have just gotten to talking to each other again and she is trying to understand all of my problems. She is going to a doctors appointment with me Monday. She has went with me 1 time before recently in the past couple of years, and several times when she was little. She has seen me in bed in pain and seen me trying to do things with the rest of my children in pain. She has also missed a lot in life, because I could not do things with her. I will start crying if she tells them how she really feels about not having me around a lot of times in her life. She keeps asking me why I changed so much over the years. I try to explain things to her but it hurts me to talk about some of the things. I do not even remember how I used to act most of the time. She can remember back to when she was very young.

Monday is my 38th birthday and I have an appointment. The appointment is about my Sinuses though and they are taking about major surgery. This will be good for my hearing.

I need to get some rest but my nerves are shot right now. :(

[Berta]

Dean- is this the post you meant in your email to me?

I replied as best as I could-here at hadit- that is an old email addy-that I only use for school-and have not gotten through your whole email there yet-

Your SSA records might be very critical to your claim-

If VA knew of them they should have sent you a release to sign to get them- or you could get them yourslef-

They could help because the VA says you have personality disorder yet SSA calls it a psychiatric disorder -----did the SSA doctor give you any

psychiatric tests to rule out PD?

"I need someone that knows the difference to explain to me the difference. It seems like I have been diagnosed with a little of both over the years. They only looked at 1 piece of paper or appointment, I guess."

The difference for a veteran is that the VA does not service connect personality disorder.

http://www.halcyon.com/jmashmun/npd/dsm-iv.html

This link is one of many on the net that explains a personality disorder.

I was talking to 2 vets last year at the local VA- they both had been declared to have a personality disorder many years ago-(they were at the same RO I am at)

yet both veterans had the diagnosis changed because their SMRs revealed significant trauma-one due to combat and the other due to a well documented stateside incident and he even had some sort of newspaper report about the whole thing-

I dont know their whole story-we all talk about the RO we deal with-at the local VA-

Any anxiety ,depression, bi polar or whatever type of mental disorder a vet has must be proven to the VA by documented evidence-

If the PN diagnosis is made by VA- it can only be changed by a clear definitive opinion from a professional psychiatrist-this is the medical evidence it takes to change that type of diagnosis-

unless the SMRs or any buddy statements reveal documentation of the inservice event, accident, trauma, etc- that would alter VA's diagnosis of PD.

Or in your case- a medical opinion that strongly supports tha depression diagnosis to your service.

your other question:

"That should be enough for T.D.I.U. shouldn't it?"

The unemployability statement you referred is good-

but it lacks what it needs to get service connection-

a doctor has to state-based on all of yur medical evidence- that your service connected disablty/ies render you unemployable and they have to give a full rationale.

There is a lot of information here as to what an Independent Medical Opinion should contain.

Unfortunately since the last time you were at hadit- we recommend more and more to vets that they need an independent medical opinion to support their claim.

It is becoming to difficult for the ROs to read all that these claims involve from a claimant and a good IMO can really make their work easier by giving a concise diagnosis with medical rationale.

I see remands at the BVA because the C & Ps were lacking all of the criteria of IMOs-

R0s are denying claims based on these deficient C & P exams and a good independent opinion right from the git go- can provide tha VA with enough medical rationale-in many cases- to justify an award.

I assume your hearing is based on the remand I posted?

If so the remand contains everything they feel is needed at this point.You said you were working on getting the independent medical opinion-and this is what will help you the most if that diagnosis can be changed to a service connectable condition-

you will still need a documented nexis to your service however-

via your SMRs or a buddy statement.

There is a lot at hadit as to stressors- and what VA is lookig for that raises to level of stressor-

even though much here is about PTSD- the stressor criteria is the same regardless of the diagnosed disability-

meaning the veteran, inservice, experienced an event so far out of the norm , that this event (or events) caused a mental disability that falls into the category of mental disorders that the VA will service connect.

Edited January 21, 2007 by Berta

[Dean]

Thanks Berta,

I am going to try to get a NMPI (SP) TEST. I am going to try to get one done locally. I fully understand about the IMO but that has been real hard to get. I have a couple of local doctors that have told me that they would give me one on my sinuses. It seems that every time someone tells me that they will give me one, they either do not do it, or screw it up to where I can not use it. I do not know what the problem is. Did you notice the different diagnoses that the V.A. had for over the years? That should help some shouldn't it.

(((The unemployability statement you referred is good-

but it lacks what it needs to get service connection-

a doctor has to state-based on all of yur medical evidence- that your service connected disablty/ies render you unemployable and they have to give a full rationale.)))

What exactly do they want the doctor to say. My records clearly state numerous times that my disabilities are the reason for my depression. My last local doctor stated that I had depression but did not mention my disabilities. He left town before I could get everything across to him. At that time I was having problems at home. (8 people living in a 3 bedroom trailer.)

((The difference for a veteran is that the VA does not service connect personality disorder.))

This explains why the V.A. uses that as a diagnosis. They know what they are doing. The one doctor that was really helping me at the V.A. got railroaded and quit (retired). I guess they did not like the (real) diagnosis that he was giving veterans.

As far as the SS records, I think that they have these now. I filled out everything possible for them to get anything that they need. I am going to try to get another copy for myself. I am also going to try to find my old copy.

The stressor bfor inservice does not actually apply to me. I have to use the stressors from my family on how my disablities affect my everyday life. I am hoing that what my daughter tells them will help them understand. Can you tell me how to look up the one's here on the board?

[Berta]

"The stressor bfor inservice does not actually apply to me. I have to use the stressors from my family on how my disablities affect my everyday life. I am hoing that what my daughter tells them will help them understand. Can you tell me how to look up the one's here on the board?"

I dont know what you mean Dean- by the stressors here-

The VA needs bonafide documented proof- via SMRs, personnel records, buddy statements, etc that the current disability is related to your service-

The word Nexus we use means the link, etiology, beginning of documented manifestations,or cause of the illness a vet claims service connection for.

Although we say 'stressor' a lot and refer to PTSD as linked to a stressor- regardless-

every mental disorder that the VA service connects- I pubished a link here the other day as to what they will service connect needs documented bonafide proof that something that happened in service cause the current disability.

The "more than likely" statement that a C & P doctor might state is good but it does not have much validity unless the doctor was also a real eye witness to the event or situation.

Family members can provide supportive statements but without the proof in an inservice event that caused the problem-the VA has no way not to deny the claim.

These raters have to justify their decisions with documentation that supports the decision.

Once in a while the VA calls a CUE on itself- I believe at least 2 vets here had that happen and the VA cued itself on one of my claims too-when I re-opened in 2003- something triggered someone there to check something with the RC-

An old CUE that the BVA denied that I filed in 1998-

should have been awarded -I just never pursued it- RC immediately corrected this clear and unmistakable error that involved considerable retro.

This shows that someone looks over the raters shoulder-at some point- in some cases -so the VA- and I agree with this completely- has to have documented evidence that gives the rater themselves 'rationale' and that fully supports their decision on any award.

I think maybe you meant other posts on stressor or nexus-they should come up under Search in a space below the topic list - I think the search term has to be more then 5 words- ???

[Berta]

Dean- just thought of something-

Please correct me if I am wrong-

Did you have a Section 1151 issue we discussed quite some time ago?

Seems to me you had a strong claim under Section 1151 but I am not sure at all if this was you or not-

question-if you filed that claim was it resolved yet to your satisfaction?

If so-is there any way at all that the depression can be medically tied into that by an independent opinion from a outside doctor?

Might be long shot here- but-my memory isnt what it used to be-

Successsful Section 1151 claims can also be basis for secondary claims as well as SMC consideration----not easy at all but possible------

OG Pres op for example # 30-97---Sec 1151ers get SMC consideration as well as SMC under 1151 if they fulfill the SMC criteria.

I used this Pres Op to support my accrued SMC benefit CUE-

VA said the veteran was not entitled to SMC consideration under any circumstance.

Final decision in 1998.

Vet rep said it was an odd decision -they forgot his 1151 disabilities and just shrugged his shoulders and went on to go over the rest of the award letter.

I didnt understand SMC then-he should have advised that I NOD this right away.

Rod was over 200 % disabled under Sec 1151 and 100% direct SC under PTSD.(all documented)

This CUe claim I filed is in progress with rater now.

CUE: a 3 pronged collateral attack

1. final unappealed decision.

2. legal error committed by VA in adjudicating the claim-legal error only---and you must state the actual regs they broke that were in affect at time of the alleged CUE.

3. the Cue manifested an altered outcome-detrimental to claimant- IE-but for CUE the vet or widow would have received more retro.

I dont mean you have a basis for CUE but this all might help anyone with a successful Sec 1151 claim who also has SMC basis too which they denied.

Edited January 22, 2007 by Berta