C&P Rant

[cavscout1967]

My C&P examiner from MN and LHI decided to solely focus on the fact I drank and then at the end of his report wrote that MH was "not at least as likely as nott" related to military service. Thereby effectively ending my 11 year appeal with his 40 minute interview. It mattered not that I have been sober since 2011. I have been seeing the VA for both medications relating MH control and talk therapy also since 2011on a monthly basis and sometimes during crisis modes more than that. It didn't matter that I am rated 70% for conditions other than MH and witnessed accidents in training and provided proof via buddy letters and newspaper articles. None of that stuff was related according to this LHI guy here in MN.

I didn't matter that I needed A WAIVER TO EVEN GET INTO THE MILITARY. A MENTAL HEALTH WAIVER! which is documented in my records and in my claim. Nothing I did as a cavalry scout possibly affected me. Not the Shoulder dislocation that happened in service, not the broken ankle and broken leg that happened in service with 3 steel plates and 7 screws. Not that accident that killed several people right in front of me during a night exercise.

All that is documented right in my C file but they are going to listen to this LHI guy and gave me an unfavorable report. Things like this is why you read about veterans in the news. THE VA. THE DESTROYER  OF LIVES. My rep at the American Legion said that if I have no additional evidence to just let the board decide it as the remand is complete with the LHI C&P for mental health.

Hopeless and depressed and get to just take it as usual.

Edited November 8, 2019 by cavscout1967
MORE INFO FOR RESPONDERS

[63Charlie]

If you are going for service connection for a mental health claim and the examiner stated the magic words, “at least as likely as not” , then that is favorable for getting service connection.

[cavscout1967]

That is incorrect. He stated "not at least as likely as not" related to military service. The key being RELATED TO MILITARY SERVICE.

 

Edited November 8, 2019 by cavscout1967
MORE INFO FOR RESPONDERS

[63Charlie]

1 minute ago, cavscout1967 said:

That is incorrect. He stated "at least as likely as not" related to military service. The key being RELATED TO MILITARY SERVICE.

 

I disagree with you on that.

[cavscout1967]

I wrote the wrong thing in my initial post. THE GUY FROM LHI WROTE 'NOT AS LEAST AS LIKELY AS NOT" related to military service. Sorry about the confusion. I am so angry I am having a hard time thinking straight.

 

 

[vetquest]

@cavscout1967, You are saying that this appeal is at the RO?  If it is at the RO and needs to go back to the BVA you should consider getting a IME or IMO stating that it is related to military service.  These are not cheap, sometimes as much as $2,000.  I needed two IMO's for my case and it cost me $2500 but I won my case.  If he centered his denial on alcohol abuse that is bunk.  I was a drunk before I was awarded PTSD.  I spent two weeks in the VA hospital MH ward and quit drinking at that time.  I cannot guarantee what will happen in that you had a waiver prior to getting in but even service aggravation is in the mix.

I personally might also be able to call the C&P division of your local hospital that set up your C&P and state to them that you would like another C&P because of this gentleman focusing only on your prior alcohol abuse.  It might work but after the decision it might not work. 

At this time all hope is not lost.

[Dustoff1970]

Cavscout there are U.S. CAVC and Fed Appeals Circuit court cases going back to the 90s etc stating that alcoholism and alcohol abuse in Vietnam veterans suffering from PTSD is attempted self medication for PTSD by the vet and also an indicator of the severity of his/her PTSD.  This same argument can be used for depression and other MH issues.  The important Federal Appeals Circuit Court decision Allen v. Principi, No. 99-7199, February 2, 2001 is one such ruling stating what I just said in a more legal way.  You can find this easy to read decision with a simple google search.  In 1998 I used my PTSD alcohol abuse self medication argument for a TDIU claim.  Until these court decisions the VA always for decades considered alcohol abuse by vets to be willful misconduct.  There are many BVA decisions that agree with the court decisions because now they have too.