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Dav Rep Said Get A New Doctor

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kris

Question

Here I am again asking for your help. I have several questions

When I saw my DAV Rep over 2 years ago he told me I could only file one claim at a time. So I filed for PTSD. Ok did not get PTSD but got panic attacks and major depression 50%. My first question is my psych doc's I see once a week for almost 2years plus PTSD classes second time around. My Doc's say I have PTSD but the C&P Doc I only saw for 20 min says different. Does it even matter what mental condition you have?

2nd Question I stood in line out in the cold from 6:00 in the morning to 7:30 and then waited another 4 hours inside my DAV's office just to have him tell me I could not file a claim for my back until I got a Doctor to say I was SC. I told him I only had a NP as my primary and a pain Doc that I am lucky to see every 3 months for meds for about 5 minutes. I have tried to show both the NP and the pain Doc my service records and they are just to busy to take the time to look at them. It is very clear in my records that I had back problems in service.

My DAV Rep also told me that a NP is not quailifed to give a SC and I would have to get a new Doctor. Is this true?

And would my pain Doc be quailfied. Also how do you get a VA person to look at your records if they are too busy.

Sorry for going on but the DAV Rep wouldn't even take the time to look at my smrs. There is only one DAV rep in my town that sees 20 veterans a day thats what he told me and he thought maybe there might be a second one soon. I hope some of this makes sence.

thank you Kris

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  • HadIt.com Elder

NP's statements do matter, the VARO used a C&P done by a NP to deny my heart problems as either a result of the chemical exposure at Edgewood or secondary to PTSD, the NP is accpeted when it backs what the VARO wants to do to your claim. I am in the process of getting a MD to write an IMO that they will have a hard time disputing he is a retired Army Colonel and a psychiatrist, MD, so his opinion will be hard for them to ignore, I wonder if the knock it down with a NP again. I have been in appeals for what over 4 years now.

I had a AL SO tell me the same thing you can only file one claim at a time, he also refused to file my claim for PTSD as it turns out that is the only thing I am SC for now, all the other issues are still on appeal as the VARO will not even address the Edgewood Arsenal chemical weapons and drug experiments from 1955 thru 1975. Do like the other guy suggested file an informal claim for all the issues you want to try an SC and if the DAV rep won't help you revoke his POA and get someone else, most states have a service officer that works for the state, some have county service officers, and you can use any group really, AL, there are dozens of them.

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  • HadIt.com Elder
jbasser

Thank you for your time. I have had 3 back surgerys since problems in the army. I now have one herniated disc and 2 bulging for the last 4 years, they keep coming back in different spots. The first 3 surgs were on the same L5 S1 disc, herniated 3 times.

So should the DAV rep of filed a claim for me or do I need to get my NP to look at my file and SC first.

Also Cervical herniation and some bulging but feel funny filing a claim on that. In service I did have a accident and a cervical strain, but really haven't had problems in 30 years until now.

Get the operating room reports and read them carefully. They will tell the story. As far as cervical strain, All you need is a doc to say that the cervical spondylosis that caused the herniated disk is related to the onset of Disk disease.

Good Luck.

John

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  • HadIt.com Elder

Hello kris,

once you obtain favorable evidence, the Veterans Affairs Regional Office(VARO), may list it as an addendum, consult or comment in the SOC or SSOC, if its's favorable. They may try to add a comment like, the "only medical opinion of record" is not favorable.

If they do list it, they may alter the phrase until it has no meaning.

In my last denial processed by ST. Petes, a key peice of favorable evidence was altered. I say altered, because I have nothing else to discribe a repeated error by the claims officer, discribing a quoat from a private MD i've seen for many yrs.

My doctor stated, "on a more probable than not basis", he completely agreed with the VARO's C&P examiner, that all the issues I submited for SC, are service connected, as symptoms & complaints have been steady over the yrs.

This statement in the SSOC says, the doctor stated," on a probable and not bases".

In the SSOC, anytime this MD was quoted, he was qouted as stating," on a probable and not bases".

Having the evidence is one thing, getting it properly listed in the record as evidence that is favorable, is the hard part.

Allan

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