Continuity Of Symptomatology?

[Josephine]

Berta, or anyone, please, I need some more help? I know why this has been going so long, I am plain stupid to the VA way of doing things.

As most of you know. I am at the Appeals Management Center remanded by the BVA.

I am sitting here with the first C&P More likely than not.

The second C&P was her anxiety not a result of service or worse by service.

I am trying to knock down the second C&P.

Does it appear to you that I have met this part of the criteria?

I was discharged in June of 1964.

Nervousness is mentioned by both psychiatrist. I guess we could count that as twiced. The librum and Cafergot was for something, that no one seems to know what it was for, as this was mentioned by Dr. C., as he was treating me . Dr. C did sent a letter to the VA clarifying his records of me as he said they were in his personal shorthand.

Since my first filing of 1978 for nervousness and headaches, The DRO has been changing the name of the illness to anxiety with depression, ( this was with the 2002 filing) and when I turned in the psychiatric records in 2004 it became " acquired psychiatric disorder". It is all the same to me. I looked and I do not have any PD on my DD - 214.

I filed in 1978 - denial

I filed in 2002 - denial

Pension in 2003

2004 - I acquired all of my psychiatric records from the archives and presented a copy to the R. O.

Then the DRO re-opened the claim under" acquired psychaitric disorder"?

I was married in 1965 and pregnant 1965- 1966 - and again in 1968- and 1969- 1970.

The lady doctor mentions my meds in order. Since that service, extensive medical records began in 1965 with her pregnancy and then pick up again on November 25, 1967 when Librium was ordered 5 Mg. prn. From that point through 1979 she was given, "Valium" in 1972 and 73, “Elavil in 1975, Etrafon 1975, Valium in 1976, Elixir of Butisol 1975, Valium1975, Mellaril in 1975, Adapin in 1976, Ativan in 1978 along with Stelazine for " chronic anxiety reaction" and then in 1979 she began on Valium again 5 mg daily also in 1979 there are prescriptions for Serax, Doxepin, Vistaril, Tranxene, and Ativan .In 1976 she was also given Fiorinal for headaches. In 1980 she began seeing Dr Pxxx, who continued the Valium and began Darvocet on a regular basis for headaches. She apparently took both of these medications through 1998, and reported above, continues to take Valium to date. ( These drugs are all sedatives or tranquilisers.)

I wasn't sure if you could have a year not listed. I am looking, but only see the ones when I was pregnant.

When push came to shove and I couldn't take the abuse any longer. I did put in for a request for transfer, but my early discharge, which was arranged by Dr. C. came first. I was discharged under unsuitability in June of 1964.

It has taken me most of my life to locate this paper. Located it 6 months ago.

Request for transfer from this duty station by xxxxx xxxxxxx xxxxxx

April 7, 1964

US. NAVAL xxxxxxxx

NAVY DEPARTMENT

WASHINGTON 25, D.C.

From: Commanding Officer, U. S. Naval Dispensary, Navy Department, Washington, D.C. 20360

To: Chief of Naval personnel

Subj: Letter of Transmittal in the case of xxxxxxx, xxxxx, xxxx

xxx-xx xx W, HN(HM-0000/0000) USN

Ref: (a) Article C-10313, BuPers Manual

( TC-070

1. The brief with attached enclosures which is required by reference

(a) Is forwarded here within.

Reference (:D directs that xxxxxx will be detached from this command by reason of permanent change of station orders in July.

E. G. Hxxxxxx C. V. Kxxxxx

Thanks for your time, I am not putting those funny faces in there. I don't know how to remove them!

Josephine

Edited February 4, 2007 by Josephine

[Berta]

"The second C&P was her anxiety not a result of service or worse by service.

I am trying to knock down the second C&P. "

A strong independent medical opinion-using your SMRs and your current treatment records can help knock that down-

By current treatment records I mean those that show you are currently being treated and have been consistently treated by a psychologist or psychiatrist for anxiety and/or depression.

And still the nexus (stressor) has to be proven.

You current doctor should be able to provide a strong IMO to show what disability you are actually being treated and medicated for-

Then it still means the inservice events, accidents, stressor, etc- has to be proven by documentation or buddy statements.

I must have missed something here all along-

I dont recall you mentioning your current treating doctor-

this is someone who can state what your current psychiatric disability is-to VA-support the diagnosis by their treatment records and medication profile,

state the stressors and that they have been consistently described throughout the years of treatment by you, and then they can give a "more than likely" statement-

all that leaves then is documented proof of the stressor.

In 1997 I knocked down an opinion from a team of Cardiologist's - in Washington-

That opinion however- was sound -based on what the VA had sent -but they forgot to send the most important evidence.

When I found out that this evidence was missing-

I faxed it to the Strategic Medical Team in DC and immediately their opinion was changed.

The C & P doctor's opinion can only be knocked down by medical evidence.

From your current treating doctor- who treats you for what you are trying to get SC for or from an independent medical expert.

And then the nexus must be proven also.

[Josephine]

"The second C&P was her anxiety not a result of service or worse by service.

I am trying to knock down the second C&P. "

A strong independent medical opinion-using your SMRs and your current treatment records can help knock that down-

By current treatment records I mean those that show you are currently being treated and have been consistently treated by a psychologist or psychiatrist for anxiety and/or depression.

And still the nexus (stressor) has to be proven.

You current doctor should be able to provide a strong IMO to show what disability you are actually being treated and medicated for-

Then it still means the inservice events, accidents, stressor, etc- has to be proven by documentation or buddy statements.

I must have missed something here all along-

I dont recall you mentioning your current treating doctor-

this is someone who can state what your current psychiatric disability is-to VA-support the diagnosis by their treatment records and medication profile,

state the stressors and that they have been consistently described throughout the years of treatment by you, and then they can give a "more than likely" statement-

all that leaves then is documented proof of the stressor.

In 1997 I knocked down an opinion from a team of Cardiologist's - in Washington-

That opinion however- was sound -based on what the VA had sent -but they forgot to send the most important evidence.

When I found out that this evidence was missing-

I faxed it to the Strategic Medical Team in DC and immediately their opinion was changed.

The C & P doctor's opinion can only be knocked down by medical evidence.

From your current treating doctor- who treats you for what you are trying to get SC for or from an independent medical expert.

And then the nexus must be proven also.

Berta,

A strong independent medical opinion-using your SMRs and your current treatment records can help knock that down-

( Does the IMO doctor have to read and have access to the two C&P's.) That makes them all back off!

They will not come between the two C&P's with opposite opinions. I took those things to the Psychiatrist in North Carolina and he said, he would not come between those two.

I have a buddy letter from a girl from Georgia. The lady psychiatrist knocked it down, stating that she did not address my personality.

Joyce didn't write a letter to address my personality. She was there during boot camp, corpschool and Washington. She saw every thing that happened to me and she knew of my meds as she took an over-dose of my pills and it is on record, as the M.P's took her to the dispensary.

That lady doc gave me appears to have a personality disorder, and she did it by lying.

My current treating doctor is the Board Certified Internist and he has done more for me than any of the psychiatrist that I have seen. I have been with him for 29 years. Both C&P doctors agreed with his treatment of me. He has written 3 letters that he has reviewed all of my records, military and private of the last 42 years and that my nervousness anxiety with associated headaches had their origin in service.

I went to that dumb psychiatrist after this last C&P and the doctor would not write down that he had posssession of my SMR's or anything. I could turn the evaluation in as he didn't find a personality disorder. At least he didn't give me the low gaf of 40 that she gave me. He gave me a 60 - 65. He stated that he could not say with any certainty if my anxiety began in service, but that fear of death in the swimming pool could have started PTSD. Rare but does happen. He actually agreed with my doctor's treatment also. My doctor is more than qualified to treat me.

I did contact Dr. Bash and sent him the two C&P's - he gave me a special email letter subject, and told me to contact him back if the AMC gave me a neg, as he had a psychaitrist that could do the IMO if needed.

I have asked for the doubt law.

Do I turn in the dumb psychiatrist IME or not??

Thanks, if you have the time,

Josephine

Edited February 4, 2007 by Josephine

[Berta]

If you mean to give it to the IMO doc- I feel he/she should have everything-

Otherwise their opinion will not be based on all the facts-

The results of a C & P can only be knocked down if the IMO doc has it too-to knock it down.

My claim was actually strengthened by the C & P so called expert opinion the VA rendered-

The VA expert was incorrect in the facts and also actually gave support for the claim-

The VA opinion also supported my contention-in my claim-

I quoted my Section 1151 award-

VA doctors had not properly diagnosed "ALL " disabilties Rod had that "hastened" his death-

(HBP, PTSD, Heart disease and multiple strokes) therefore how could the VA possibly diagnose the veteran properly now - especially when they only used a few medical records-(documented fact that only 3-4 records were faxed to the VA doctor-she never saw the autopsy nor anything about the FTCA , Sec 1151 stuff- etc)

Dr. BAsh had it all.

A lousy VA opinion can often be challenged very succesfully by a real doctor. A real doctor can see the medical 'holes' in it and the lack of medical rationale.

We can beat our heads against a wall with probative medical evidence-

that we as claimants know it proves our claim-

but the VA is quick to tell claimants we are not medically "Competent"

so this is where the IMO comes in-

I HAD to get an IMO- I had 6 years of incompetent medical care in Rods records-

the expert they got for their opinion shows my husband's 'care' and proper attention to his complete medical picture --- even in his death-- is still no better then it was when I sued them.

Yes- the IMO doctor should have everything. in my opinion-

Edited February 4, 2007 by Berta

[Josephine]

If you mean to give it to the IMO doc- I feel he/she should have everything-

Otherwise their opinion will not be based on all the facts-

The results of a C & P can only be knocked down if the IMO doc has it too-to knock it down.

My claim was actually strengthened by the C & P so called expert opinion the VA rendered-

The VA expert was incorrect in the facts and also actually gave support for the claim-

The VA opinion also supported my contention-in my claim-

I quoted my Section 1151 award-

VA doctors had not properly diagnosed "ALL " disabilties Rod had that "hastened" his death-

(HBP, PTSD, Heart disease and multiple strokes) therefore how could the VA possibly diagnose the veteran properly now - especially when they only used a few medical records-(documented fact that only 3-4 records were faxed to the VA doctor-she never saw the autopsy nor anything about the FTCA , Sec 1151 stuff- etc)

Dr. BAsh had it all.

A lousy VA opinion can often be challenged very succesfully by a real doctor. A real doctor can see the medical 'holes' in it and the lack of medical rationale.

We can beat our heads against a wall with probative medical evidence-

that we as claimants know it proves our claim-

but the VA is quick to tell claimants we are not medically "Competent"

so this is where the IMO comes in-

I HAD to get an IMO- I had 6 years of incompetent medical care in Rods records-

the expert they got for their opinion shows my husband's 'care' and proper attention to his complete medical picture --- even in his death-- is still no better then it was when I sued them.

Yes- the IMO doctor should have everything. in my opinion-

Berta,

I will have to wait to see if the AMC gives me a negative and then contact Dr. Bash, for there is not a psychiatrist in my area or the surrounding states that will come between the two C&P's.

I took all the records to the psychiatrist in North Carolina and he backed down, said he wasn't getting involved with the government.

It is my understanding after a neg from the AMC, you have 60 days for re-consideration and then you can turn in an IMO.I have ask for the doubt law to go into effect. I shoud know soon.

Dr. Clewson has written me twiced, but said that he was sorry, but that he was just too busy. Dr. Bash has a psychiatrist in mind, but said to see first what the AMC did with all the info.

Thanks Berta,

Josephine

[john999]

If you have the cash you can get an opinion to support your claim. You have to shop around but that can be done. Doctor's don't do IMO's for free and they won't accept just what some insurance company decides to pay them. That is doctor shopping but that is exactly what you have to do. Some shrinks and other doctors make their living just writing disability opinions for lawyers and SSA and insurance companies. A lot of these guys are full of it and have no weight in a court of law but the VA is not a court of law. If it has MD behind it they will accept it.

[Josephine]

If you have the cash you can get an opinion to support your claim. You have to shop around but that can be done. Doctor's don't do IMO's for free and they won't accept just what some insurance company decides to pay them. That is doctor shopping but that is exactly what you have to do. Some shrinks and other doctors make their living just writing disability opinions for lawyers and SSA and insurance companies. A lot of these guys are full of it and have no weight in a court of law but the VA is not a court of law. If it has MD behind it they will accept it.

John999,

I went to the internet under Healthguides and I purchased a list of 20 board certfified psychiatrist within a 60 mile radius of where I live. I contacted each and every one of them. No, we don't give those kind of opinions and the one doctors office that said that he did. I took all those records to North Carolina and the answer was no.

I have contacted Dr.Clewson, Dr. Bash's partner twiced and he has written to me and said that he was too busy.

I re-contacted Dr Bash and he told me to send him a special email with the heading that he gave to me if I received a neg from the AMC. I did just as Terry adviced. I emailed the two C&P's to Dr. Bash. He has a Psychaitrist that will do the IMO, if I receive a neg.

Well, then my Board Certified Internist of the last 29 years also has the MD. after his name. I am saying that I cann't locate a doctor that will do this.

John, I am not asking for charity, I just want the truth known. That is all that I want.

If this case involved 5 years out of service, I don't suspect, that I would have a problem, but we are talking about since 1964.

My claim is at the Rater at the AMC and I do not have the time to get an IMO in now. I will have to wait and see if I get a neg and go under the re-consideration. Is this what your book tells you?

Thanks,

Josephine