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I am giving up. I am tired and defeated.
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hammerman15
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
Edited by hammerman15Adding new information
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broncovet
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 wi
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