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Linda Jordan

Confusing Rating Decision From 1990

Question

Posted (edited)

Being involved with trying to get an earlier effective date for a claim I filed within one year of separation, I was going over my c-file with a fine tooth comb. When I looked at my Rating Decision, I got very confused. In the Narrative section the first line says "Original", the second line says " SC for left knee injury and obsessive-compulsive neurosis with depression and anxiety. ". Then it lists the evidence and proceeds to debunk or put forth reasons I don't qualify for the conditions listed as SC along with some other conditions in my claim. I'm so confused! 

 Did they service connect me in one section then un-service connect me later on in the narrative?

 Here's the actual text under the Narrative section with some personal stuff blanked out. I've underlined the SC part and the blanked out parts don't have anything to do with the SC conditions listed. Could the SC line only be a reiteration of parts of what I was claiming or is it a statement of service connection for those conditions? If there's a contradiction, should I get the benefit of the doubt?

23. NARRATIVE 
J. Original claim. 
I. SC for left knee injury and obsessive-compulsive neurosis with depression and anxiety. 
E. SMR’s, January, 82, to January, 90. DVA exam, 5/8/90, and 6/5/90, VANC, Loma Linda. Medical report, 4/22/81, ___________________ M.D. 
F. SMR’s show on entrance physical history of treatment for adjustment problems pre-service. Medical report of Dr. _________, shows veteran treated May 30, 80, to December 8, 80, ior adjustment disorder with mixed emotional features. 
During service veteran had pre-existing mole removed from upper left inner thigh. Veteran struck in face by hammer in November, 86. No fracture or dislocations by X-ray. Veteran landed on knees 12/2/89, knees cleaned and hibiclens scrub brush and bacitialim ointment applied. DVA exam shows no limitation of motion, no structural lumbosacral abnormalities. No residuals of facial or knee trauma. No evidence of ear infection or conjunctivitis. Veteran gives history of ovarian cyst. 
Mental status exam shows speech is slightly increased in rate normal tone. Affect is full and appropriate somewhat anxious. Mood is dysphoric. Veteran denies auditory and visual hallucinations, delusions, and suicidal or homicidal ideation. 

Thought processes are goal directed. Impression was dysthymia rule out organic mood disorder depressed secondary to ______________, generalized anxiety disorder and ___________________________Rule out panic disorder, rule out obsessive-compulsive disorder. Remainder of exam unremarkable. 
D. Veteran’s knee and facial trauma, ear infection and conjunctivitis were all acute and transitory with no residuals shown on DVA examination. Ovarian cyst is developmental. Back pain not ratable in absence of objective symptomatology. The removal of the mole, left thigh was remedial, no aggravation shown. The veteran’s generalized anxiety, depression pre-existed service. Aggravation not shown. ________________________________No basis for service-connection for any of the above conditions. 
8. NSC (PTE) 
5299- Bilateral knee condition ( acute and trans) 5299   Back condition (not incurred) 6099 Conjunctivitis -(acute and trans)  6299 Ear infection (acute and trans) - 7699 Ovarian cyst (can't read what they wrote) 9499. Obsessive-compulsive disorder with anxiety and depression (EPTS) 

14. Disability result of veteran’s ____________________________ 

Edited by Linda Jordan

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Linda Jordan quoted 

 ''I had a record of being treated for my back and I worked in an aircraft structural repair shop for four and a half years where we carried around 70 lb tool boxes (which is mentioned in the report in my service medical records and I weighed a whopping 115 lbs at the time) but they said "no connection". I've had back trouble and treatment ever since.''

if you have these records on file and they denied you for this reason or never read this part of your records   file CUE on them

Linda it would help if you attach a redacted copy of the denial claim for PTSD.

Also when you were awarded the anxiety 28 years later at 70%  you should be able to recover any retro they never paid you for those 28 years or get a correct EED on this Issue.

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Posted (edited)

I agree with bronco  look at calling some experienced attorney's  or VA Accredited claims Agents a   list from Alex Graham   he is a certified Accredited VA Claims Agent.

  check at asknod.org  for the national list of  VA Claims agents. Alex has.

maybe one near you?

 

Edited by Buck52

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Posted (edited)
3 hours ago, Berta said:

I agree with Broncovet who said:

"My advice is to take your file to an attorney.  See if he sees an earlier effective date, and why.  You can then decide whether or not to hire him, or to try it alone. "

You did file within one year after service and that is good----but there is a lot to this claim...

it appears that they disregarded this  older statement, when they did SC you for  the 70% anxiety:

"F. SMR’s show on entrance physical history of treatment for adjustment problems pre-service. Medical report of Dr. _________, shows veteran treated May 30, 80, to December 8, 80, ior adjustment disorder with mixed emotional features. "

But that was about 2 years prior to your enlistment? And they did accept you into service.

Apparently that 'adjustment disorder' had nothing to do with your actual inservice anxiety,that they finally did award.

That is something I would think a lawyer would focus on- and this :

." I had an actual diagnosis for generalized anxiety disorder from the examiner and one other I'm saving for later that a little known law, that changed one month after my claim was final"

When was the General Anxiety disorder diagnosed?

What is the 'little known law"?

The most difficult thing to do with claims like this, is to do exactly what you said- to organize everything, and keep it simple and focused on 38 CFR 3.156 . 

I don't see the CUE scenario here-and 38 CFR 3.156 would get the same EED results.But a lawyer would have all of the records, and would be able (I hope) to see if CUE occurred. 

Have you attached here anywhere, their most recent denial, when they said this:

" I've argued that 38 C.F.R. 3.156 mandates they reconsider my old claim and award me an EED for 1990 but they won't do it. They're trying to say the anxiety is a new claim and that no old claim exists. "

Hi Berta,

 The biggest issue with the current claim for anxiety is that they are trying to label it as a brand new claim which it isn't. The diagnosis confirms what I was diagnosed with during the examination for the claim I put in for in 1990 for anxiety so I had that diagnosis via the VA all the way back. They are trying to say that because my VSO filed an in Intent to File in Dec of 2017 for PTSD, THAT is the effective date for anxiety. Insanely enough, they said that there was no evidence of a claim for anxiety being filed before Dec of 2017 when it's in their evidence file!

 I've been arguing that since the VA ordered my entire personnel file for the 2018 mental health exam for PTSD, which included 66 new pages with my airman performance reports and other performance related information that weren't associated with my claims file back in 1990 and were the basis of proving aggravation, they are bound to 38 C.F.R. 3.156.

 In addition 38 C.F.R. 5110 states the exception for the effective date for claims filed within one year of service:

"(b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran's discharge or release if application therefor is received within one year from such date of discharge or release."

Then there's this. 38 C.F.R 3.400 (2)(i) states: "

(2)Disability compensation -

(i)Direct service connection (§ 3.4(b)). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later."

 On top of everything else, they've denied me twice for PTSD because an examiner falsified my first DBQ. She was inappropriate and abusive which was confirmed by mental health professionals where I was in ongoing counseling. They stopped sending veterans to that doctor and I filed a complaint with the state department of health as did they. QTC Medical also fired her after my complaint. I filed several grievances about her DBQ and asked for it not to be used as evidence but the VA used it once again in their decision denying me dated 31 May 2019 although there are two other valid DBQ's on file with them. 

I'll check through my records and see if I can post a document or two but I've written all over some of them and they are a mess.

 

 

 

Edited by Linda Jordan

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3 hours ago, Buck52 said:

Linda Jordan quoted 

 ''I had a record of being treated for my back and I worked in an aircraft structural repair shop for four and a half years where we carried around 70 lb tool boxes (which is mentioned in the report in my service medical records and I weighed a whopping 115 lbs at the time) but they said "no connection". I've had back trouble and treatment ever since.''

if you have these records on file and they denied you for this reason or never read this part of your records   file CUE on them

Linda it would help if you attach a redacted copy of the denial claim for PTSD.

Also when you were awarded the anxiety 28 years later at 70%  you should be able to recover any retro they never paid you for those 28 years or get a correct EED on this Issue.

I agree Bronco. They failed to rebut the presumption of soundness on this one. I have contacted an attorney who is reviewing my documents as we speak. I believe this would be a C.U.E. also. I don't want to try to reopen or submit a supplemental claim as I believe it will ruin my chances for an EED.

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2 hours ago, Buck52 said:

I agree with bronco  look at calling some experienced attorney's  or VA Accredited claims Agents a   list from Alex Graham   he is a certified Accredited VA Claims Agent.

  check at asknod.org  for the national list of  VA Claims agents. Alex has.

maybe one near you?

 

I am happy to say an attorney is reviewing my case as we speak.....or having breakfast first. 🙂

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