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Claim sent back for medical opinion


HeatherW
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Question

Good afternoon, I filed a claim in December for a number of issues (initial claim).  I was a preparation for decision until last week when I returned to gathering of evidence.  I called and found that they were requesting the following medical opinion from the C&P examiner:

Is digestive disorder secondary to PTSD

Is PTSD Service Connected

 

How long does it typically take for the examiner to respond with this information (do they give them a time limit like 30 days and why wouldn't the examiner have not put whether they felt the disorders were service connected or not) and do you think this looks hopeful for me based on the following?  I feel that asking questions is much better than straight up denying me. I'm a little sad because my completion date used to be this week and because of this request it's now pushed back until August.  

Long story short, I was medically discharged due to anxiety and depression with documented issues in my medical record regarding digestive problems (inability to gain weight and more).  The doctors in the Navy specifically said my anxiety and depression were permanent and service connected - I'm grateful they used those words.  During my enlistment I was the victim of a MST but back in the early 90s they dealt with things very differently.  While there was a hearing and the offender was discharged from the Navy, the retaliation I suffered was severe and essentially career ending.  So when I filed my claim in December I filed for anxiety, depression, PTSD due to MST, digestive disorders.  I am hopeful the VA will not be likely to deny the service connection for anxiety and depression and the C&P examiner that I had stated as much considering my military records documented it pretty well. The VA should have been able to find the MST report (I showed it was requested and the request closed), especially because the offender was also active duty and discharged because of it. 

I ended up having 2 separate mental health C&P exams, one for anxiety/depression, and one for PTSD/digestive disorder/eating disorder.  From what I've researched, I know I will only be rated for one mental health condition and it's supposed to be the one that has the highest rating.  Does the above imply that they are considering giving me a rating for the digestive disorder (as opposed to dismissing it), just wanting to know if it's related to the PTSD?  Is it a separate disability or would they lump it under a symptom of PTSD (to avoid pyramiding).  Has anyone had the rater ask for a medical opinion/clarification from the C&P examiner and how long did that take?

Thank you for reading :)

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It will take a medical opinion to associate PTSD to the IBS.

Are you an incountry  Gulf War veteran? IBS is presumptive to GWVs.

https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp

It also will take Proof of your stressor and a VA PTSD SC diagnosis, for the PTSD claim.

You have that proof:

." The VA should have been able to find the MST report (I showed it was requested and the request closed), especially because the offender was also active duty and discharged because of it. "

Perhaps the IBS C & P doctor would find the IBS secondary to the PTSD, once SC PTSD is granted, but that sure does not happen often.

I think you will do well with the PTSD claim-maybe even the IBS.Dont know.

"I ended up having 2 separate mental health C&P exams, one for anxiety/depression, and one for PTSD/digestive disorder/eating disorder.  From what I've researched, I know I will only be rated for one mental health condition "

Do you have copies of the C & P exams and if so were they favorable to you, or are you still waiting to get copies of them?

 

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When VA asks questions about your claim it is much better than having them just deny your claim.  Give them all the information you have now.  Don't hold back for appeals. Don't decide on your own what the VA needs or does not need.  Send them what they ask for if you have it.  If you don't have it try and create it via your own doctors. VA is the one that decides on initial PTSD claims so you must give them what they ask for.

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Thank you for replying, yes I am a GWV but not a combat vet.  The VA hasn’t asked me for anything they asked for the medical opinion of the examiner, I hope they aren’t as slow to respond as they were to provide the report lol.  That took more than 30 days.  I don’t have a copy of the exam reports - I filed a FOIA request but I don’t know how else to get the report?

 

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Here are the ways to get a C & P exam copy:

https://community.hadit.com/search/?q=copy of C %26 P form&quick=1

FOIA will take too long.

If you are an incountry Gulf War vet,  I feel you need to file a claim for IBS due to the Gulf War Presumptive regulations if you fit into the regs criteria  in the link I posted here earlier. .....  A claim that would be  in addition to the IBS secondary to PTSD claim.

It pays when any vet or their survivor  can claim under two or more  theories of entitlement.

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Does the Gulf War presumptive apply even if I never deployed in theater?  I am not a combat veteran, just served on active duty from 1991 - 1997 all CONUS.

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