Are "nervousness problems" and "emotional problems" the same?

[Mituna 2483]

Hi everyone,  I have a question and want to hear from you guys.  I just find out that the VA RO indicated the rating decision by replacing the word "nervousness problems" in the evidence with "emotional problems".  I think this is invalid because it could change the outcome of my claim that the VA RO denied.  Any comment and suggestion would be appreciated.  Thanks.

[Mituna 2483]

Thanks Dustoff11 for your comment.

It's not fair for all Veterans go serving our country and must fight for the benefit.  My former VSO only applying increasing for my tin, HRL, scarred pars tensa (otitis media) every 10 years (1999, 2009, 2019) and nothing else.  How did they not know tin only have 1 rate 10%!!!  How this people would help, right?  I got 20% for L. knee impairment in 1975 and 10% for tin in 1979 so got 30% since 1979 and that's it...nothing more.  I have DMII and filed in 2007, but VA denied denied and denied until my new wife helped me.  We went to NPRC St. Louis MO in July 2019 to get the Air Force morning report giving to VA and got 20% back to 2007.

She helped me climbed from 30% to 60% (DMII, cataracts) and got rate for urinary frequency, insomnia, and PVD.  VA made so much mistakes with my claims.  She filed June 2020 CUE for my 1979 anxiety. The RO denied not stating anything about the DSM1952/APA (VA used it for rating purpose for mental disorder) that I referred to.  Then we filed appeal my CUE to the BVA, but the BVA denied with a bunch of mistakes, so we will go to the CAVC with the BVA's errors.

That's why I will show that RO changed "treated for "nervousness problems" to "emotional problems" and others.  The BVA play the RO's side with invalid and incorrect reasons and bases.   He stated the evidence that show my anxiety symptom not in the decision at that time, it came after the denial.   If so by the law at that time, RO required to reconsider the claim with that new evidence (SPRs) because my STRs were missing during that period, so the SPRs are the only evidence that supporting my claim.   Why the RO did do?  The BVA didn't realize this fact and law 38 CFR 3.156 (b) at that time? 

Again, the BVA stated RO decision prior Feb 1990 (Natali v. Principi, 375 F.3d 1375, 1380) no need to provide reasons and bases.  In other words, even RO lacking of discussion, it  presumptive valid.....I understand but RO avoided/ignored/not reconsidered the evidence (new service department records) that came after the denial is "violation of applicable law".   And so on.   This BVA gets salary $180,000 up and just working on against Veterans? Shame on them!!!  They might thought they are only people have laws in their hands.

The RO indicated 9400: anxiety and 9499: passive-aggressive personality disorder, passive-dependent type separately in the code sheet, but after 1979 thecode sheet showed 9400: anxiety; passive-aggressive personality disorder, passive-dependent type. They put PAPD with ANXIETY.  

Edited May 14, 2022 by Mituna 2483

[Dustoff1970]

I think you will need a very strong VA or private doctor's medical opinion stating with detailed reason explanation that you do not suffer from PD or emotional problems but from another mental condition that should be service connected secondary to your service connected conditions or alternatively that your PD is separate from another mental condition that should be caused by your service connected issues.  It is complicated.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[john999]

I got PD diagnosis 50 years ago.  Then I was diagnosed with service- connected bipolar disorder.  I got a 70% rating for the bipolar thing, but forever after the PD dx followed me around.  The VA just cannot get over it that they were wrong.  No matter because I got the 70% and TDIU and then 100% schedular.  I think just about every vet back in Vietnam days who suffered from any sort of emotional disorder ended up getting PD diagnosis from the Army and the VA.  This is how they save money, especially the military.  They can just give you the PD DX and discharge you at no cost to them.  You get screwed and they save money.