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]

On 8/11/2023 at 2:53 PM, Saddlesore said:

So, you won on appeal?

I had my terms wrong.  I did it all myself, so things start getting confusing doing this stuff spread out over years.

I submit initial claim (physical injures in medical records) in 2013.  I was rated at a combined 30% (20% and 10%).

Fast forward to 2021.  At this point I have seen a VA clinic for 3 years on and off, and have diagnosis of anxiety, depression, and sleep apnea from VA.  I submit a claim for anxiety, depression, and sleep apnea as service connected.  I DID NOT claim these as secondary.  For supporting evidence I submit several buddy statements from Marines I served with spanning from high school all the way through to my EAS.  I also submit buddy statements from civilians I worked with at jobs after I got out of the Corps.  I DID NOT submit a nexus.

I think not submitting a nexus first time around was the key, personally.  I think this because I was "luckily" (if you call being denied lucky) given a denial based on "lack of continuity of symptoms".  Now, come on.  I have witness statements spanning 15 years AND I have a current diagnosis FROM the VA (also important).  The reason the diagnosis from the VA is important is because if I am already being treated by the VA for something, how can the VA then say I don't have that thing based on a C&P exam?  So, a "positive finding" in my denial letter was that I was diagnosed by the C&P examiner with anxiety and depression.  I was also denied the sleep apnea, and to be fair I had no buddy statements about sleep apnea.  The buddy statements were all anxiety/depression.i have 

So, from this point all I needed to do was prove continuity of symptoms, and get that proof in the form of a nexus letter.  I submit all my evidence to REE Medical, and withing a month and change (and $1600) I had a letter.  This letter specifically called out reference to my witness statements and my documented therapy notes from the VA.  I take the nexus letter and submit a SUPPLIMENTAL claim with the new evidence (the nexus letter).

I am given a second C&P exam, in which I make sure to get verbal confirmation from the examiner that my buddy statements were reviewed and my nexus letter was reviewed.  I had the examiner confirm this three times during the exam.

A few months later I was rated at 50% for anxiety and depression.

I have continued to see my local VA mental health and medical clinic.  I now have diagnosis from my local clinic for GERD and migraines.  

I plan to submit another claim for sleep apnea, GERD, and migraines all secondary to my now service connected anxiety/depression.

Phew.  That was a lot to write, but that what I did, and how it all worked out.

[Rattler]

Great win. You have your foot in the door. 30% Arm and 50% MH that equals out to 65% (Using VA Math)

Hears how to approach any claim you have.

Part of how I figured out how to do VA Claims other than hear at Hadit is through this site. https://www.veteranslawblog.org/ It's free to look at. If you subscribe (Cost around $120 a year or you can do it Quarterly Subscription at $45) You have access to 9 manuals that tell you how to file for different benefits.  I usually don't recommend or put out links to other sites as some work better for others and not for some. This one is ligament.

I was taught this by a MH peer support person who's' wife was an admin person  and helped him get his benefits.  (He was a First Sargent) 

Filing a claim 101

1. Go through you military medical records and make a list of what is in there. (I don't care if you stubbed your toe write it down)

2. Go to https://www.mayoclinic.org/ and look up what you wrote don in the above. Write down your 

3. Make your appointment with a VA Doc. (local or hospital) When you go see the VA Doc you need to start your conversation like this. "Doc when I served at X I got out of a Humvee and twisted my knee and never reported it and now I am having X problems with it." (Where the  X is use the info that you looked up at Webmd / Mayo Clinic) Now if the VA Doc does what he is spose to do he/she is putting this in the VA computer. What you/they are doing is creating a Nexus with your service and your current condition.

4. I would get all my medical records from the VA and you private Doc's. And this is the important part pull out all the ones that address you condition and separate them aside according to date and and condition military or non-military.

5 At this point I would file an intent to file with an new claims or a supplemental claim if you found evidence. What I mean by new evidence is in the denial letter or approval letter they should have listed all the evidence the VA use to decide you claim. If you see anything that is not in the decision letter I would file a supplemental claim with the new evidence that they did not list. I always mark me evidence as 'Exhibit "X" (Name of Info) so you can point to it when you are writing you claim/appeal. I have to make this point very clear DO NOT just submit 500 or 1000 pages of evidence and expect the VA to find the needle in the haystack. Point them directly to the info that proves you claim.

If you do the above it will move your claim along much quicker and get the results you are seeking.

Hera are a few other suggestion.

I would not discuss any of this with anyone other than the MH person you are seeing.

"2002 cont. While celebrating the win (but not yet actually promoted) engage in arm wrestling match and lose, terribly."  

"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 malingerer.  I stop volunteering for extra duties or assignments, motivation drops, etc."

"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 malingerer before, starts thinking/calling me one now.""

Let the VA determine what is or is not relevant to your claim DO NOT give the enemy any bullets for their gun.

I thought it was a Marine requirement to - Drink heavily.  Merry an awful woman who is into drugs. (Just kidding I think it's a requirement of all the services.)

Do not beat yourself up because some dumbass who is not in your situation called you a "malingerer." I know feel like I don't deserve it because of NJP as far as the VA is consurne the NJP doesn't mean anything to the VA. I think we all have been through that at one point or another.

So here are some questions?

1. Are you unemployed now? If so when did you become unemployed or underemployed do to your service connected condition?

2. Did they rate you on the sleep apnea?

What I would like to see is for you to post you decision letters hear for myself or other to review. Take a sharpie and block (Redact) out you personal information. (Name, address, VA numbers, ans Social Security no.) We can give you opinion on the info as a lot of us will read it different than you as we have been at this a lot longer.