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I am giving up. I am tired and defeated.

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hammerman15

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Hello all,

I have had an appeal going since 2009 and seen multiple providers from LHI and submitted many many pages of evidence. My claims advisor at the American Legion says I have a huge file full of information and been to the BVA twice( remanded both times for development) and the CAVC who remanded case back to VA for development (Bergmann and Moore law firm) once.

Long story short, I was filing for a service connection for mental health aggravation to include TDIU. I received another SSOC and I am including it here. I just cannot continue to fight this anymore. I'm angry they don't see it my way but I have no more evidence. I have been told my many other veterans that I made the GIANT MISTAKE by ever telling the VA I drank ( granted a waiver to enter military after seeing military psychologist to review alcoholism and lithium prescription for mental health treatment) and that I suffered child abuse. I have been sober now 11 years and my life is greatly improved in that regard but I cannot keep being the only one who thinks what I saw/did/experienced during my time in service didn't aggravate things.

I am not a combat veteran but I served during the Gulf War period, did 33 rotations at Fort Irwin as a scout team member and was in Korea for a year also as a scout.

I gave 7 buddy letters, statements from my mom, my wife, and my brother and have been seen at the VA monthly for mental health since 2007. I am diagnosed by the VA with depression (unspecified), anxiety, substance abuse in remission, paranoid personality disorder. I take a cocktail of pills prescribed by the VA for the same amount of time.

Below is the latest RO response the BVA remand and it is currently with a judge being decided according to VA.GOV:

ISSUE: 1. Service connection for a psychiatric disorder. 2. Total disability rating based on individual unemployability (TDIU). 3. Pertinent laws and regulations.

EVIDENCE: ● Memorandum granting extended VR&E benefits, dated April 21, 2016 ● VA examination, Minneapolis VAMC, dated May 11, 2016 ● VA letter, dated August 31, 2016 ● Academic transcripts, received October 7, 2016 ● VA examination, Minneapolis VAMC, dated November 14, 2016 ● LHI contractor examination, dated September 5, 2019 ● Board of Veterans' Appeals (BVA) Decision, dated October 6, 2021 ● LHI contractor medical opinion, dated November 5, 2021 ● LHI contractor examination, dated November 11, 2021 ● VA treatment records, Minneapolis HCS, from October 9, 2009 to December 2, 2021

ADJUDICATIVE ACTIONS: 10/06/2021 The appeal was remanded by the Board of Veterans' Appeals for additional examination consideration. 11/04/2021 The appeal was remanded by the Board of Veterans' Appeals for LHI examination contractor. 11/11/2021 The appeal was remanded by the Board of Veterans' Appeals for LHI examination contractor

DECISION: 1. Service connection for a psychiatric disorder is denied. 2. Total disability rating based on individual unemployability (TDIU) is denied. 3. Pertinent laws and regulations.

REASONS AND BASES: 1. The Board of Veterans' Appeals (BVA) Decision, dated October 6, 2021, remanded this issue for additional examination consideration. We asked the examiner to review the evidence of record and determine if your depression and/or anxiety disorder are at least as likely as not related to an in-service personal assault that includes military sexual trauma. The examiner provided a negative opinion with the following rationale: "Previous examiners have outlined in lengthy detail rationales for why the Veteran's current mental health diagnoses are not related to service. The information contained in the statement he wrote in 2021 was taken into consideration in the 2019 MH C&P report and Medical Opinion. Two separate examiners who saw the Veteran in person have opined that the Veteran's current MH diagnoses were neither started in service nor exacerbated/aggravated by service." We also asked the examiner to review the evidence of record and determined if your depression and/or anxiety disorder are at least as likely as not caused or aggravated by your service connected left shoulder or tinnitus. The examiner provided a negative opinion for both scenarios, with the following rationale: "According to a note dated 08/24/2011, Veteran's stresses were identified as school stress, recent break up with girlfriend, homelessness, financial strain and son with ADHD. All these stresses do not relate to the Veteran's military service. Current stresses were not identified in the 2020 evaluation. Therefore, there is no evidence in the record to connect the current MH diagnoses with service connected conditions." There is no medical evidence on file that would rebut the examiner's opinions.

Service connection for a psychiatric disorder is denied as the evidence fails to show a disability that was incurred in or caused by military service, nor does the evidence show a disability that was caused or aggravated by your service connected left shoulder or tinnitus. (38 CFR 3.303, 48 CFR 3.304, 38 CFR 3.310) 2. The Board of Veterans' Appeals (BVA) Decision, dated October 6, 2021, remanded this issue as it is inextricably intertwined with the evaluation of your left shoulder and the potential service connection of a mental disorder. Upon appellate review, service connection was not established for a mental disorder; therefore, consideration is only given to the effects of your other service connected disabilities. You were originally denied entitlement to individual unemployability because you did not meet the schedular requirements for entitlement, nor were your disabilities severe enough to warrant extra schedular consideration. You meet the schedular requirements for entitlement to TDIU from September 22, 2011, the major disabilities being the neuropathy in your left arm and the chronic left shoulder strain. Your last occupation was in maintenance and you also received some training commercial building engineering. Before being employed in maintenance, you worked as a building engineer. You received college courses from Rasmussen College from January 5, 2015 until September 14, 2016. This was a part of the Vocational Rehabilitation and Education (VR&E) program through VA. Recent examination of your left shoulder shows that you are limited to occupations that do not require heavy or overhead lifting. This disability does not affect sedentary employment. VA contract examination, dated September 5, 2019, shows that your neuropathy imposes similar restrictions on overhead activities. There is no information on restriction for sedentary activities. There is no medical evidence of record supporting the contention that your remaining service connected disabilities, including your status post open reduction internal fixation left distal fibula/tibia fracture, tinnitus, right knee strain, left lower extremity scar, and left index finger crush injury, prevent you from securing an maintaining substantially gainful employment. Entitlement to TDIU is denied as the evidence of record fails to establish that your service connected disabilities prevent substantially gainful work in a sedentary occupation. (38 CFR

Any thoughts or opinions are welcomed

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Dont give up. 

You hired Bergman and Moore, so let them do their job, and advise you.  Get a hobby.  Go fishing.  Go see your grandkids. Learn about investments.  Learn to help others, such as with their claims.  I shovel the snow off my neighbors walks, and help others several other ways.   Read the bible, or re Read it if you have already done so.  Go to church.   Learn to play chess, or improve your skill.  Take up woodworking or photography.  Learn to love your wife and family better by listening to podcasts.  Do something you like..any thing but fretting and worrying over your claim/appeals.  

When BM calls you and asks you for something, treat it like you are taking out the trash for your wife.  Just do it.  Let your law firm do all the worrying, and fretting.  You get on with enjoying life, including learning to live on less money than you like.  This will be great training when you do get your retro, as many squander it in a short time.  

    I know its frustrating.  I started in 2002, lost my home in 2004.  I finally got 100 percent in about 2009, effective in 2007.  I fought em again on the effective date and pretty much won almost all of it finally in 2019.  

     While almost no one likes waiting, it teaches patience which you will need in other areas of your life.  Good luck to you.  

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Don't give up here is a cfr I thing will help.

Because you report something before enter they can't turn around and say it not service connected after injury.

38 CFR § 3.304 - Direct service connection; wartime and peacetime.

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§ 3.304 Direct service connection; wartime and peacetime.

(a) General. The basic considerations relating to service connection are stated in § 3.303. The criteria in this section apply only to disabilities which may have resulted from service in a period of war or service rendered on or after January 1, 1947.

(b) Presumption of soundness. The veteran will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or where clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service. Only such conditions as are recorded in examination reports are to be considered as noted.

(Authority: 38 U.S.C. 1111)

(1) History of preservice existence of conditions recorded at the time of examination does not constitute a notation of such conditions but will be considered together with all other material evidence in determinations as to inception. Determinations should not be based on medical judgment alone as distinguished from accepted medical principles, or on history alone without regard to clinical factors pertinent to the basic character, origin and development of such injury or disease. They should be based on thorough analysis of the evidentiary showing and careful correlation of all material facts, with due regard to accepted medical principles pertaining to the history, manifestations, clinical course, and character of the particular injury or disease or residuals thereof.

(2) History conforming to accepted medical principles should be given due consideration, in conjunction with basic clinical data, and be accorded probative value consistent with accepted medical and evidentiary principles in relation to value consistent with accepted medical evidence relating to incurrence, symptoms and course of the injury or disease, including official and other records made prior to, during or subsequent to service, together with all other lay and medical evidence concerning the inception, development and manifestations of the particular condition will be taken into full account.

(3) Signed statements of veterans relating to the origin, or incurrence of any disease or injury made in service if against his or her own interest is of no force and effect if other data do not establish the fact. Other evidence will be considered as though such statement were not of record.

(Authority: 10 U.S.C. 1219)
 
 

Take a look at the whole cfr it may help you.

I you feel you no longer feel like fight hire a lawyer to handle it at the board.

I believe you said the law firm work the cavc case. And not the remand.

Don't let them play u.

Once accept in service you are fit.

If the condition you listed on enlistment is aggravated by service it service connected.

 

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I'm a little confused.. have you been denied all your appeals? I see the mental health claims have been denied, but what about the left arm and shoulder? Do you still have a claim going for that? Is Bergmann & Moore still handling your claim? I don't think they would take the case without a very strong chance of you winning your appeal.

Sounds like you've put a helluva fight.

I was first denied in 1978 and finally was service connected in 2018. I'm still appealing the decision, for increased rating and EED. The waiting sucks but as broncovet advises, try not to dwell on it.

Good Luck!

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Bergmann and Moore represented my shoulder claim and got a remand from the CAVC for that claim but it was denied again due to pyramiding by the BVA.. I recently got a letter from the legion saying that BM wanted to take it up again and signed a letter allowing them to try again. BM does not and has not represented me in anything other than my shoulder claim. They stated that my mental health appeals were not on the level of where they could help yet. (CAVC)

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On 1/10/2022 at 7:03 PM, broncovet said:

You hired Bergman and Moore, so let them do their job, and advise you.  Get a hobby.  Go fishing.  Go see your grandkids. Learn about investments.  Learn to help others, such as with their claims.  I shovel the snow off my neighbors walks, and help others several other ways.   Read the bible, or re Read it if you have already done so.  Go to church.   Learn to play chess, or improve your skill.  Take up woodworking or photography.  Learn to love your wife and family better by listening to podcasts.  Do something you like..any thing but fretting and worrying over your claim/appeals.  

BEST ADVICE I HAVE SEEN ON HADIT YET...and its been said many times in different ways...as always @broncovet you are gentleman and a scholar!

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