Help with appealing a denied claim

[georgia126532]

Hello,

I'm currently service connected for PTSD with specific phobia and alcohol use disorder at 50 percent. I also have a diagnosis of alcoholic cirrhosis. I recently requested service connection for the cirrhosis and some secondary conditions that were caused by the cirrhosis.  All claims were rejected as non service-connected.  My understanding was that the cirrhosis should be service connected since the alcohol use was related to my PTSD diagnosis. 

Below  I've listed excerpts from my PTSD C&P exam and my claim denial letter. Please let me know if this claim should be service-connected and if so,  and what I can do to remedy the situation. Would you recommend requesting a higher level review?  If you have additional questions, please let me know.

Any assistance would be appreciated.

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 PTSD: psychological/physical reactivity to salient triggers, avoidance, persistent negative mood, feeling cut off from others, self-harm, hypervigilence, sleep disturbance, decreased concentration Alcohol Use Disorder: Excessive use of alcohol despite medical complications. Secondary to PTSD and Specific Phobia Diagnoses are mutually aggravating conditions. 

 

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 b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [ ] Yes [X] No [ ] Not Applicable (N/A) If no, provide reason: Disorders are mutually aggravating conditions. Depression is considered secondary to Specific Phobia and PTSD as it poses significant social and occupational impediment. Alcohol Use Disorder represents Veteran's attempt at self-medication. 

 

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 b. Indicate type of exam for which opinion has been requested: Initial PTSD/Mental Disorders TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness.  c. Rationale: Veteran is diagnosed with PTSD and Specific Phobia (driving) both secondary to deployment stressors noted earlier in this report. PTSD symptoms and impairments are considered mild. Specific Phobia symptoms and impairments are considered severe. Alcohol Use Disorder is considered secondary to these conditions and represents an attempt by Veteran to self-medicate. Alcohol Use Disorder symptoms and impairments are considered moderate to severe. All disorders are mutually aggravating conditions. 

 

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 7. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [X] Yes [ ] No If yes, describe: excessive alcohol use, decreased motivation, loss of interest/pleasure

 

[john999]

When you get all your good evidence in hand and the VA stalls I suggest you get a lawyer who is known for kicking stubborn cases to the goal post.  I had one like that in a civil case.  No one including the other lawyers and judges wanted to touch the  case.  My guy just did the dirty work and we got the other side to pay for the delay.  Maybe you talk to your local Bar Association to get names.  I have noticed that the VA can look at perfectly logical evidence and turn it into something from the planet X.