major depressive disorder with unspecified anxiety disorder - not service connected

[panther4200 0]

Hello Everyone,

I have a question if someone out there is willing to help. I have been applying and moving through my disability claims with the VA for about a year now. I've been doing it by myself and have been able to get my primary tinnitus (10%) with secondary migraines (30%) both service connected. I also tried to connect my mental health issue as secondary to my tinnitus, but I know that it really is it's own issue and I'm pretty sure that is what's going to come back from the C&P exam I had. (The exam was a horrible experience for me, I believe the examiner purposefully gave me a horrible panic attack at the end just to see what would happen and it took me close to an hour to stop freaking out)

I'm still waiting for my decision letter from the VA, but I figure I'm going to have to re-apply with the mental heath issue as a primary condition. The issue is, that my copy of my supposedly complete military record that I received does not have any of my leave shown, nor does it show the event ever happened, and I believe it would be very helpful, if not necessary for my claim, to show that I was granted emergency leave through a request that was initiated by the red cross, started by my mother. Does anyone know where or how I can go about getting those records? The time period was around February of 1999. I know I can have family generate buddy statements attesting to such, but I'm not really comfortable talking to my family about this at this point in time and would prefer to use hard proof of the event. Any help or recommendations anyone can provide would be appreciated.

Thanks in advance.

[broncovet 3,622]

You have the right idea in that you deed proof (documentation).  

But you do not have to decide whether its primary, secondary, presumptive, etc.  The VA is "supposed" to figure that out.  "The evidence" should determine which of these it is, not your knowledge.  

Since you asked, however:

A. Primary (also called direct SC) requires 3 Caluza elements:  Current diagnosis, in service event or aggravation and nexus.  

 

B Secondary, however, requires just 2:

A current diagnosis AND a doctors opinion (nexus) that your current diagnosis "is at least as likely as not" related to an already SC condition, such as tinnitus.  

      My advice is to review your medical records and see what the doctor said.  You are gonna need one or the other of these (a or b)  for SC.  

Now, if you applied for it Primary, and a doc said its "at least as likely as not related to a SC condition", then dont re apply, instead, appeal.  You would get an earlier effective date.  The VA is not supposed to deny you for primary and make you apply again for secondary and bone you on the effective date because you did not know the difference between primary and secondary.  

     After you get the decision, then you can decide whether or not to appeal.  But you can make sure you have your ducks in a row, making sure you have what is required for at least A or B.  To do this, you will need to review your records.  

     The VA "may" have your service records. I would not count on it tho, so  To request a copy, do this:

https://www.va.gov/records/get-military-service-records/#:~:text=You can request your military,Personnel Records Center (NPRC).

[Berta 3,787]

 "The issue is, that my copy of my supposedly complete military record that I received does not have any of my leave shown, nor does it show the event ever happened, and I believe it would be very helpful, if not necessary for my claim, to show that I was granted emergency leave through a request that was initiated by the red cross, started by my mother."

 

Did that 'military record' also include your inservice personnel file ( aka 201file)?

[Hamslice 493]

I don't believe your medical records will have your leave time, and or why.  Like Berta, I think you need to look at your 201 file from your service.  You can get it online.  I have a previous post on how I got mine.

Hamslice