Anxiety - am I doing this right?

[USMCNASA]

Brand new here.  I'm posting because I'm so confused and unsure if I'm doing the right stuff, or if I should be doing it at all.

I'm hoping to find answers on how to file a claim for GAD/Major depression.  Here's my story.

1996-2000 high school captain of soccer and baseball teams.  Captain of Snare Drum line in marching band.

2000 - enlist in USMC, squad leader in boot camp, meritoriously promoted to PFC at graduation.

2001 - Class leader in A school

2002 - PCS to Japan (Iwakuni) volunteer for secondary school, awarded Microminiature soldering credentials.  Perform extra duties and awarded Meritorious Mast for going above and beyond.  Compete in meritorious board for Cpl, and win.

2002 cont. While celebrating the win (but not yet actually promoted) engage in arm wrestling match, and lose, terribly.  Suffer spiral fracture which requires evacuation to naval hospital for surgery - internal fixation (plate and 8 screws).  Require months of rehab, and continuous wear of mechanical brace and continued light duty for months.

Ok, this is where things get hairy.

2002 cont. PCS back stateside (NY) while still wearing mechanical brace and on light duty.  Within 1 week of reporting, promotion ceremony is held.  I had to be promoted while wearing a brace and a sling, no "pinning" of rank and no "earning" of blood stripe.  From this point on, I'm pretty much viewed as a punk, and a melingerer.  I stop volunteering for extra duties or assignments, motivation drops, etc.

2003 - Drink heavily.  Merry an awful woman who is into drugs.

2004 - pop on piss test.  Before NJP, I make Sergeant due to previous meritorious promotions and excellent pro/con, rifle, PFT scores.  This infuriates most Marines in my squadron, and further solidifies my reputation as a shitbird, because I am a piss-popped mellinger who made Sergeant before most people.

2004 cont. NJPed, busted down to Cpl. Result of NJP is that I will not be discharged, based on demonstration of excellent performance earlier in service, but will not be allowed to re-enlist.  During a PT session I fall and get a class III AC joint separation, which again requires light duty and use of a sling.  Anyone who didn't think I was a melingerer before, starts thinking/calling me one now.

2005 - EAS.

2005 - Civilian diagnosed with everything from ADHD, to GAD, to MDD, to bipolar.  Various medications do not improve mental performance or fatigue.  

2013 - buddy talks me in to visiting VA for disability due to arm.  Awarded 30%, feel like I don't deserve it because of NJP.

2019 - visit VA mental health clinic, diagnosed with GAD and MDD.  Therapist suggests sleep study.  Just got results.  I have mild sleep apnea.

 

I have decided to file a claim for GAD/MDD and sleep apnea.  I have buddy statements on the official VA forms from Marines who served with me from boot camp through Japan stating I was a stellar Marine.  I have statements from Marines who served with me in NY stating I was not at all stellar, and performed poorly.  I have statements from civilian coworkers stating I had performance issues, was fired from a job, and was on the chopping block at another.

I have medical records from Naval hospitals for all my injuries.

So, from other service members, does it sound like I have any chance at a case? How should I file? I have an appointment with my previous Psych. Nurse Practitioner in 2 months from now, to request a nexus letter.  I don't know if she will write one, but based on our prior treatment session discussions, I believe she agrees my GAD and MDD or related to my service.

Where do I go from here?  Should I even be filing a case at all?

[USMCNASA]

GBArmy,

My VA therapist suggested I go for a sleep study, and got my VA doc to put in a consult for a study using Care in the Community.  Her thinking is that my ADHD symptoms aren't actually ADHD (because I didn't exhibit them in childhood or in school, and they didn't improve when I was on medication for ADHD) and instead are a result of sleep apnea and exacerbated by anxiety.  She really has been the best therapist I've ever seen - I'm happy the VA provides mental health services, I just wish they would get involved in ratings.  I've done the first study, and the follow up CPAP test study, and I do have sleep apnea.  I have a third visit next month to go back to the sleep clinic to go over using a CPAP and get my prescription.  

I 100% know my life has been more difficult in many ways because of the MH issues I have.  I can't go back and change things, but I'm hoping a CPAP will help me sleep better and improve my functioning.

I guess my first step is to s-c my MH and then see about a secondary for sleep apnea.  Honestly though, if I get a CPAP through the VA out of this and it helps me, that alone would be worth all of my effort.  Thanks for the opinion on getting outside help.  I'll try to get together what I can myself, and maybe give one of those services you mentioned a call to see what they have to say about all of it.

Edited June 3, 2021 by USMCNASA

[USMCNASA]

I called a few of those firms, and they all let me know they handle appeals, but not initial claims.  It seems like I am at a block in the road.  

I found a site online where a psychologist reviews records and if a nexus is found, writes a nexus letter.  I'm not sure if posting links to service sites is allowed, so I won't post the one I found.  

 

I also did a google search for forensic psychologists near me, and the closest one is 3 hours away.

On one hand, I feel like a nexus letter from a site and a psychologist who specializes in them would be the best option, but on the other hand I'm worried the VA might look at a letter from a psychologist who writes nexus letters all the time as less credible.

 

Any thoughts?

[GBArmy]

USMCNASA Yes, you have a difficult situation to overcome, but, a BIG BUT, you have to have a diagnosis AND a nexus to win your claim. On MH conditions, the VA does their own evaluations  and you may not get full value if your's it isn't done in person as your evidence. You could trust that the VA can come to the same conclusions as your own doc, but I would not expect it. The VA is very inventive in denying claims. Keep working the problem and get a good IMO and dbq.

[pacmanx1]

On 5/29/2021 at 8:09 PM, USMCNASA said:

Where do I go from here?  Should I even be filing a case at all?

When you mention a nexus letter some doctor's feel that they do not want to get involved. You don't really need a letter just a medical opinion and a rationale in your progress notes or your treatment records would do. No special letter, I have had VAMC doctor's write that my current condition started while I was in the military and gave their opinion with evidence and that served as my connection.

Now the most important part, if you think you have sleep apnea get a sleep study ASAP. SLEEP APNEA IS A SILENT, YOU STOP BREATHING WHEN YOU FALL ASLEEP AND YOU CAN DIE WITHOUT A CPAP MACHINE. I am not trying to scare you it is a known fact. Get your sleep study done so you can get your CPAP MACHINE.

[USMCNASA]

1 hour ago, GBArmy said:

you may not get full value if your's it isn't done in person as your evidence.

For in person do you mean my independent evaluation, or the VA evaluation? 

I read that a DBQ needs to be done in person.  Have there been any allowances on remote DBQ during covid?

Last question, if I do get a nexus letter or imo, and a dbq, is it a sure thing the VA will award a claim, or can they still disregard stuff I submit?

 

40 minutes ago, pacmanx1 said:

Now the most important part, if you think you have sleep apnea get a sleep study ASAP.

I have the results of the sleep study.  The sleep lab results aren't in my file yet.  I still need to go back next month to get fit for a cpap and get the actual prescription. 

[GBArmy]

USMCNASA Yes, you have a difficult situation to overcome, but, a BIG BUT, you have to have a diagnosis AND a nexus to win your claim. On MH conditions, the VA does their own evaluations  and you may not get full value if your's it isn't done in person as your evidence. You could trust that the VA can come to the same conclusions as your own doc, but I would not expect it. The VA is very inventive in denying claims. Keep working the problem and get a good IMO and dbq.

I mean that you should get your private eval, in person, if you can. If you are going for PTSD, the VA is not going accept your evidence by itself. I believe on MH disabilities, they much rather have their own C&P than just go with your evidence. And you ask is it a sure thing that the VA will award? Are you kidding? We're talking about the VA here. No such thing for sure that the VA is going to do what they should for a veteran.  If your evidence is legit, they won't disregard it, but they certainly can say that the VA dbq and eval is more probative i.e. better.  And, regarding OSA, I agree with pacmanx1. It is serious business; have your VA gp order a sleep study. Breathing, IMHO, is a good thing.