Jump to content



Search



Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?
@  Tbird : (23 October 2014 - 05:07 PM) Correction Jan 20. 2015 Will Be Hadit.com's 18 Year Anniversary
@  Tbird : (23 October 2014 - 11:38 AM) Jan 20, 2015 Will Be Hadit.com's 19 Year Anniversary, That's Amazing.
@  britton : (23 October 2014 - 08:14 AM) I Got It Tbird Thank You
@  Tbird : (22 October 2014 - 05:26 AM) Britton Sent You A Pm
@  britton : (21 October 2014 - 10:05 PM) Tbird, I Sent A Donation To Hadit Via Pay Pal...i Hope You Got It?
@  raven316 : (21 October 2014 - 01:59 PM) Glasses
@  iceturkee : (20 October 2014 - 06:50 AM) Good Luck Plum
@  Notorious Kelly : (19 October 2014 - 06:32 AM) I Wish You All The Best With That, Plum!
@  me.plum : (18 October 2014 - 01:09 PM) Hearing For Bva 11-19 At 8:30 Wow!!! Thanks Everyone!!!
@  Tbird : (18 October 2014 - 12:30 PM) Buckeye46 Thank For Contributing Our Fund Raiser
@  Notorious Kelly : (17 October 2014 - 02:11 PM) Impressive Site, Kimmy. I Bookmarked. Thanks! :)
@  Kimmy : (17 October 2014 - 08:31 AM) I Recently Discover The Site. It Is Very Detailed With Info On Conditions And Ratings.
@  Kimmy : (17 October 2014 - 08:28 AM) Has Anyone Here Been To This Site? Http://www.militarydisabilitymadeeasy.com/
@  Tbird : (17 October 2014 - 08:06 AM) Snake Eyes Thank You For Remembering Us. Congratulations On Your Retro.
@  Snake Eyes : (16 October 2014 - 07:04 PM) Thinking Of Donating A Portion Of My Retro On Next Claim. Smaller Amount Coming Beginning Of November. Thanks For The Good Work!
@  britton : (13 October 2014 - 06:13 AM) Hi There T Bird Shout Backatcha

Photo

Mst Diagnosis And Nexus


This topic has been archived. This means that you cannot reply to this topic.
50 replies to this topic

#1 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 24 February 2012 - 09:59 AM

I was wondering what other veteran's experiences have been with NEXUS evaluations, IMO's, and diagnosis in general. In my own case I have noticed that the NEXUS evaluation questions seemed to focus more on events and history prior to entering the service rather than the actual assault while in service. This has created a nightmare for myself, as there was some early physical abuse by a parent up to age 10. My evaluators (there have been 3 now - but only one was done in person), have latched on to a Borderline Personality Disorder diagnosis as a root cause / comorbid occurance of the PTSD and Major Depressive Disorder they have also diagnosed. this has resulted in a "less likely than not" determination.

I found factual errors, chronology errors, misquotes, disregarded information, missing records, statements lacking the context I shared, symptoms developing post assault being used to support the "pre-existing" determination etc. and so far I can't get anyone to address them properly. Each time I have attempted to do so yet another evaluator reads the first evaluation, and either simply concurs if I am lucky or adds more errors more often than not. It has felt like I'm the victim of a horrible game of "grapevine" that I can't seem to end. In the meantime, I'm 1.5 years into my claim and had 2 denials (initial and reconsideration).

I'd like to hear from other veterans if they have experienced this, what they did to combat it, and if they were successful. I am scheduling for a DRO hearing soon and I need to know how best to address these issues without feeling like the RO is going to look at me and think "This person isn't happy about anything and questions everyone's judgement. they definately have a BPD issue..... claim denied". All I want is a fair shake on this thing. If they keep denying me based on incomplete or erroneous information I'm certainly not going to let that fly. I have been more open and honest withthe VA than my own family and friends, yet I feel like I am being painted into a "malingerer / liar / exaggerator" corner. My own personal statements have only been cited when they can use a portion to substantiate the BPD diagnosis, despite one being specific to clarification and dispute of the errors in the NEXUS.

FRUSTRATING AND INVALIDATING!!

#2 mysticcherokee usn vet

 
mysticcherokee usn vet

    Banned

  • Banned
  • PipPipPipPipPip
  • 188 posts
 

Posted 24 February 2012 - 11:36 AM

I cant answer your question, but I can share something with you that my civilian therapist(also a Vietnam vet) shared with me.NO CHARGE!LOL!
I too was diagnosed, depending what year or provider it was, with bpd. HE nor any other civilian mh professional I have seen considers me to be this. they dont. HE said " the va always gives vets this disorder to prevent them from collecting compensation"

You need to have a civilian psychologist negate THAT dx, to undo the damage done, because they will use it against you. if youre not bpd starting it will "appear' you are when youre at your most frustrate dealing with them/wanting compensation from them, and it just suits them fine.

Thats the best advice I can give you. good luck! Mystic

Edited by mysticcherokee usn vet, 24 February 2012 - 11:38 AM.


#3 john999

 
john999

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 22263 posts
 

Posted 24 February 2012 - 11:36 AM

One way to combat it is not to talk about your childhood with the VA. Now once the cat is out of the bag you probably need an IMO to show that the abuse you had during the military has caused your current disability.

#4 mysticcherokee usn vet

 
mysticcherokee usn vet

    Banned

  • Banned
  • PipPipPipPipPip
  • 188 posts
 

Posted 25 February 2012 - 11:33 AM

Thought you might be interested in this newspaper article claiming the military gives the stigma of personality disorders to us to prevent us filing claims for benefits:

http://www.heraldtri...e-soldiers-out-

#5 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 25 February 2012 - 02:41 PM

Thanks Mystic. I will be sure to take this along to my DRO hearing. I have scoured my complete records (requested from VA), and can't seem to find the psychiatric evaluation required to be done prior to issuing my PD discharge....

Not suprising, since those records also had been sanitized of nearly all references to hospital treatment for 2 suicide attempts immediately after my assault (requests directly to providing hospitals have been submitted). You would think the DoD would find it more plausible to lose the whole damn medical file than risk being discovered someone is selectively removing info.

#6 mysticcherokee usn vet

 
mysticcherokee usn vet

    Banned

  • Banned
  • PipPipPipPipPip
  • 188 posts
 

Posted 25 February 2012 - 03:21 PM

You are very welcome and good luck with your hearing. You should google that topic title and see if ya get any more similar hits, jmo.
Yes, Ive got psych records missing from my smrs to, and theyr important. I was seen for depression over a period of a year after a coerced abortion. Those records are gone. tho Ive a statement from the attending shrink saying that hed seen me on a monthly babsis for depression for a wile. STILL! THAT was in my personal record collection, and if I hadnt had that and a lot of other stuff, Id be royally you know what. Sincerely, Mystic

#7 ping jockey

 
ping jockey

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 28 posts
 

Posted 26 February 2012 - 09:24 PM

Jaina,

First, the "treatment" you have encountered by the Perpatrators, Superiors, Coworkers, Administrators, Medical Staff, and society at large is absolutely infuriating Posted Image to to hear. Most people don't have a clue how traumatic and damaging this type of experience can be, and it is sad to say, many folks are afraid to "be involved" what-so-ever; espeically with the amount of publicity over this high voltage issue.

It was not your fault, no matter what anybody tells you - their is no acceptable excuse to "their behavior".

I suggest you go to the Local V.A. you're being treated at, and request a complete copy of your Medical Records on CD-rom. It requires an extra release from the Mental Health folks, and if you get resistance, I'd see a Civilian Dr. and ask if they could write a Letter to support full release of the entire records to you.

Also, start a Chronicity Jouranl of all the events you've experienced in the past (MST only), and what happens to you on a daily basis (if you have daily symptoms). My DAV rep got me recording stuff; and I started sending emails to him and myself the next morning after I had nigthmare's of suffocation so they would be date stamped. We used this as evidence in my Claim, and it's powerful when recorded the morning of or the same day as episodes. Imagine a Judge someday ready - Last night, this morning; today on email files with date stamps.

Most importantly, as you have heard here on HadIt; NEVER, never, never give up. It's important you not permit this to slide by.

Get a 2" binder and buy a set of Avery 31 dividers at Staples, and start organizing everything in that binder.

Examples of information I found 22 years after the explosion:

Posted Image GREAT LAKES TOXIC FUMES 2.pdf 264.95K 2 downloads
Attached File  GREAT LAKES CHEMICAL PLANT EXPLOSION.pdf   281.95KB   7 downloads
Posted Image GREAT LAKES TOXIC FUMES 2.pdf 285.52K 2 downloads

And, how I keep track of ALL my communications and records; I WILL NOT LET THE V.A OFF THE HOOK ON THIS ANYMORE!:

Edited by ping jockey, 26 February 2012 - 09:49 PM.


#8 ping jockey

 
ping jockey

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 28 posts
 

Posted 26 February 2012 - 09:49 PM

LOOK HERE FOR YOUR SYMPTOMS AND CONDITION:

Mental Disorders
§ 4.125 Diagnosis of mental disorders.
§ 4.126 Evaluation of disability from mental disorders.
§ 4.127 Mental retardation and personality disorders.
§ 4.128 Convalescence ratings following extended hospitalization.
§ 4.129 Mental disorders due to traumatic stress.
§ 4.130 Schedule of ratings—mental disorders.


LOOK HERE for how a Dr. will evaluate the condition; this will help you speak there language, and help you understand what is going on with you.
http://www.vba.va.go...ms/disexm37.pdf

Edited by ping jockey, 26 February 2012 - 09:50 PM.


#9 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 27 February 2012 - 08:35 AM

Thanks Ping jockey. I know HOW the evaluation should have gone down. My problem is how it DID go down. I was lucky (I think), because I took a close friend who is a hospice nurse along with me to the evaluation. My anxiety would have not permitted me to go alone otherwise and I got a letter from my prescriber to allow this. So at least now when I tell the DRO that the primary focus of my ~1 hour evaluation waspre-history, I can have a satement to back that up. My 5 page assessment consisted of 2 sentences related to the assault. All the rest was "this behavior / that behavior signifies BPD". Even the suicide attempts within a month of the assault were used to back up BPD (seriously???)

My problem was (I am guessing) that I went to my C+P exam about 2.5 months after the assault came flooding back into memory after 14 years of being disassociated. I look back now, after being in therapy a year, and seriously wonder why I hadn't been totally commited. The only other time I ever acted so irrationally was just after the assault, through 2 suicide attempts, and a couple months following. I think I should have waited until my mental state stabilized before pursueing the C+P, but then again the severity would not have been as easily evident. I wish I had waited however, as I would have been able to recognize this unfolding during the exam a lot better.

Here's to hoping my request for a new, non-VA affiliated, NEXUS C+P exam goes through before my DRO hearing.

It's going to be a while before I can sort and address each mistake that's been made so far before the DRO but I am confident I can do it. Actually I think I have to do it, because what is happening now is the first 6.5 years of my career are basically being labelled as a fluke. It is standing in the way of my healing, and my ability to find my own validation.

#10 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 27 February 2012 - 02:53 PM

UPDATE: A former unit commander of 3.5 years has agreed to write a statement to attest to my performance AND the absence of any psychological issues / interference with duties while under his command. This officer currently holds the rank of O-6 Colonel and is a flight instructor at Ft. Rucker, Alabama.

On a scale of 1-10 as far as weight in my favor, I would guess this to hold a 7 to 8.

#11 mysticcherokee usn vet

 
mysticcherokee usn vet

    Banned

  • Banned
  • PipPipPipPipPip
  • 188 posts
 

Posted 27 February 2012 - 07:47 PM

Jaina I saw this article and found it to be very compelling. Perhaps you will too. I hope it helps in whatever small way. Mystic

"Note: there has recently been a trend amongst some psychiatric professionals to label people suffering Complex PTSD as a exhibiting a personality disorder, especially Borderline Personality Disorder. This is not the case - PTSD, Complex or otherwise, is apsychiatric injury and nothing to do with personality disorders. If there is an overlap, then Borderline Personality Disorder should be regarded as a psychiatric injury, not a personality disorder. If you encounter a psychiatrist, psychologist or other mental health professional who wants to label your Complex PTSD as a personality disorder, change to another, more competent professional."

Above excerpt taken from the link below:

http://www.bullyonli...stress/ptsd.htm

#12 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 28 February 2012 - 12:02 AM

Thank you mystic. I will include it in my "researched topics" section of my appeal.

I did some research on my evaluator for C+P and discovered the guy specializes in eating disorders, no mention of PTSD or sexual trauma experience. ain't that just fracking dandy?

#13 Pete53

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21867 posts
 

Posted 28 February 2012 - 09:18 AM

When I started my claim I was medically diagnosed with panic disorder major depression and agorophobia however the RO siad I had a personality disorder. The key in my opinion to refute a personality disorder is to look at the diagnostic code of the type of personality disorder and sho who the very specific terms do not apply. Another way is to show that you have been diagnosed with a condition that is able to award benefits.

As John said a good IMO should solve the problem.


Good Luck

PS You still can have a personality disorder and get service connected.

#14 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 29 February 2012 - 10:22 AM

Thanks Pete, but that may not help as much as I would like. There are quite a few BPD symptoms that overlap with PTSD. I think that's part of the reason the DoD and VA are giving service members so much grief over their PTSD claims.

It's almost like they expect people to react the same way, and for it to fit into a nice little box for them. Sorry, but each person is different. We may be their little autonamatons in the military, but individual personalities are just that.... PERSONAL and INDIVIDUAL. I can't tell you how many times I have heard "you shouldn't be reacting that way", especially when it comes to anger. Anger is one of the symptoms BPD and PTSD have in common. Instead of being able to let it out (verbally), The VA keeps trying to get me to use Zen techniques. Zen has it's uses but in all honesty it can wait. It can wait until after I have had the opportunity to come to terms with what happened, my mind betraying me and blocking it, and the damage it has contributed to or outright caused for over 14 years. I was constantly feeling invalidated.

I eventually went outside the VA to the Vet Center. I made it clear I wanted my sessions kept private and nothing would be released to the VA. I was tired of feeling I had to watch what I said in therapy just in case some little snippet could be annotated against my claim. The invalidation I was feeling also got to me.

I knew the first visit to the Vet Center I was going to start feeling better. My therapist listened to me, let me vent a little, asked my symptoms and how often they occur, etc. I kept hearing "that's common", "most PTSD vets feel that way", "that is a perfectly reasonable reaction", etc. I finally started to feel like I wasn't losing my mind.

I know the VA will NEVER give me validation. But by God they WILL STOP trying to invalidate my life prior to the trauma. My career was not some kind of "fluke".

#15 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 29 February 2012 - 11:35 AM

Thanks Pete, but that may not help as much as I would like. There are quite a few BPD symptoms that overlap with PTSD. I think that's part of the reason the DoD and VA are giving service members so much grief over their PTSD claims.

It's almost like they expect people to react the same way, and for it to fit into a nice little box for them. Sorry, but each person is different. We may be their little autonamatons in the military, but individual personalities are just that.... PERSONAL and INDIVIDUAL. I can't tell you how many times I have heard "you shouldn't be reacting that way", especially when it comes to anger. Anger is one of the symptoms BPD and PTSD have in common. Instead of being able to let it out (verbally), The VA keeps trying to get me to use Zen techniques. Zen has it's uses but in all honesty it can wait. It can wait until after I have had the opportunity to come to terms with what happened, my mind betraying me and blocking it, and the damage it has contributed to or outright caused for over 14 years. I was constantly feeling invalidated.

I eventually went outside the VA to the Vet Center. I made it clear I wanted my sessions kept private and nothing would be released to the VA. I was tired of feeling I had to watch what I said in therapy just in case some little snippet could be annotated against my claim. The invalidation I was feeling also got to me.

I knew the first visit to the Vet Center I was going to start feeling better. My therapist listened to me, let me vent a little, asked my symptoms and how often they occur, etc. I kept hearing "that's common", "most PTSD vets feel that way", "that is a perfectly reasonable reaction", etc. I finally started to feel like I wasn't losing my mind.

I know the VA will NEVER give me validation. But by God they WILL STOP trying to invalidate my life prior to the trauma. My career was not some kind of "fluke".



x
x
x

You mention the word "fluke" in several of your posts, is this something the VA said about your military service?

You are currently diagnosed with PTSD (private clinician), but the VA has diagnosed you with BPD (personality disorder). In your C&P Exam, how did the multi-axis lay out the diagnosis: Axis 1, 2. 3 and GAF etc. Was PTSD even listed?

Aside from the conflicting diagnoses, is your PTSD claim otherwise developed? Evidence of military stressor? SMR's and/or alternate evidence of PTSD symptomology? Private medical Records? Social Security exams, etc.?

Is there any record of psychiatric disease or symptoms in your SMR's? Anxiety, depression, etc? If so, it might be easier to claim those rather than PTSD. Just saying ...

Typically, when the VA needs to resolve a conflict of diagnosis, they will request an "Independant Medical Opinion (IMO)" sounds like this is the situation?

Is this your first, original VA claim for PTSD? You have just been denied by the RO, but have filed your NOD and asked for a DRO hearing? This is the time to submit additional evidence, you can send evidence up till the 11th hour ... ~Wings

P.S. Sorry I have more questions than answers. Welcome to Hadit! ~Wings

#16 mysticcherokee usn vet

 
mysticcherokee usn vet

    Banned

  • Banned
  • PipPipPipPipPip
  • 188 posts
 

Posted 29 February 2012 - 12:17 PM

P.S. Sorry I have more questions than answers. Welcome to Hadit! ~Wings

Hi, with that in mind. Ivebeen trying and trying to find cases where others were or FELT they were coerced/foced to abort a child in the military.

Can you find anything like that for me in your resources, please. Mystic

#17 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 29 February 2012 - 01:40 PM

*** WARNING - TRIGGERS *** *** WARNING - TRIGGERS *** *** WARNING - TRIGGERS ****


x
x
x

You mention the word "fluke" in several of your posts, is this something the VA said about your military service?

Not specifically. however there has been a disclaimer by the initial C+P examiner (the one who specializes in eating disorders) that BPD symptoms wax and wane. suggesting that I showed no signs of BPD for over 6.5 years of service. the fluke reference is the feeling I get when I try to point out my military performance and it keeps being omitted from subsequent evaluations (which I am not present for and are based on review of the initial exam that I have taken issue with).

You are currently diagnosed with PTSD (private clinician), but the VA has diagnosed you with BPD (personality disorder). In your C&P Exam, how did the multi-axis lay out the diagnosis: Axis 1, 2. 3 and GAF etc. Was PTSD even listed?

A PEB board proceeding in 1996 (2 years prior to my actual departure from the service) diagnosed:

AXIS 1 - Adjustment Disorder with mixed disturbances in emotions and conduct as manifested by depressed mood and 2 suicide attempts secondary to anticipated divorce, partner relationship problems, and job stress (The MSA occured during the same time frame but was disassociated and blocked)

AXIS 2 - Dependent Personality traits.

AXIS 3 - Status post anticholinergetic syndrome secondary to benadryl overdose.

Social and Industrial Impairment (GAF) was listed as mild. Retention was not recommended, but my service records up to that time weighed heavily in retention

The VA C+P exam conducted November, 2010 however:

AXIS 1 - Major Depressive disorder, Chronic
AXIS 1- PTSD
The symptoms of each mental disorder cannot be delineated from each other. The claimant has experienced multiple instances of abuse throughout her life, prior to and during the military, primarily physical and sexual abuse. The claimant describes a very unhappy childhood that is almost certainly liked to the abuse both witnessed and perpetrated allegedly by her father. She reports herself as being "a loner" for the most part and feeling "hopeless" most of her life. While it may be unclear what came first -- depression or or exposure to trauma, her current functioning is clearly interrelated with the two. Her first suicide attempt was attempt was related to the sexual assault perpetrated by her father on her as an adult in 1996. Her second suicide attempt came 3 weeks later due to ongoing marital troubles. Her final suicide attempt in 2010 was the result of an overwhelming sense of sadnessand hoplessness once again related to rumination about troubles involving her family.

AXIS 2 - Personality Disorder NOS

AXIS 3 - In-gender transition

GAF - 23

I have no knowledge of sexual assault as a child, however I have recently begun to question if it were present. At this point, I have actually been quoted as saying there was "years of prolonged physical and sexual abuse by my father against me, my mother, and my siblings". I have never stated this.

Denial of claim was based whole or in part by an IMO subsequent by a MD (I was absent):

1. The veteran's diagnosed PTSD and MDD are not attributable to the veteran's sexual assault by her father in 1996.

2. The veteran's suicide attempts while in the service were attributable to her AXIS 2 diagnosis, not early manifestations of her AXIS 2 diagnoses.

Aside from the conflicting diagnoses, is your PTSD claim otherwise developed? Evidence of military stressor? SMR's and/or alternate evidence of PTSD symptomology? Private medical Records? Social Security exams, etc.?

My father came to live with me at Ft. Campbell around the same time of my marital discord, financial difficulties, promotion, and workplace harassment. He had been living under a bridge for 2 years while the RP (Representative Payee) of his SSI benefits basically screwed him. It took me a year and a half to get these records from SS, and only just recieved them yesterday. They will be submitted.

I went into a year of therapy in 2004 for anger issues related to my daughter's molestation. I am awaiting a statement from the DR. When I mentioned this, attempting to show where a stressor had effect, the information was used to support the BPD diagnosis rather than the PTSD. The statement I have requested from the DR. should help quell this. This therapy was prior to the flooding memory of the assault which occured in 2010.

I went to therapy in 2008 for Gender issues, as required per the DSM-IV to begin transition, and attended ~20 sessions. This information has also been used to support the BPD diagnosis, despite MSA having the ability to cause sexuality issues. That provider has since retired and has dodged my request for a statement. I will be asking my DAV rep to contact him and possibly request the statement through the VA if necessary.

In both prior therapy instances I have now asked for a statement of context for the therapy, length of therapy, and either a concur or nonconcur to a diagnosis of BPD based on their exposure to me in therapy.

And of course I have attempted to get reevaluated where my service records are present (not just medical and VA), to show where my conduct, performance, and mental state took a literal nosedive 6.5 years into service following the assault.

In 2008

Is there any record of psychiatric disease or symptoms in your SMR's? Anxiety, depression, etc? If so, it might be easier to claim those rather than PTSD. Just saying ...

A spousal separation in 1994 caused depression and I was held for "Adjustment disorder" for a period of 3 days. No meds required or prescribed, MH counselling recommended after discharge only if symptoms worsened. Those records say I had no SI (suicidal Ideation), but it has been used by at least one IMO as "a suicide attempt prior to the assault. therefore symptoms of BPD first appeared prior to the event the veteran claims caused PTSD". My attempts to correct this assumption, based on only 4 pages of records of the hospitalization, have not been addressed.

And of course there is the Tri-service MEB in 1996 that diagnosed Adjustment disorder without knowledge of the sexual assault by either them or myself.

Typically, when the VA needs to resolve a conflict of diagnosis, they will request an "Independant Medical Opinion (IMO)" sounds like this is the situation?

The IMO's are being done by DR's reviewing the initial C+P without the errors being addressed. This has only compounded the problem with either concurring statements or , in the worst instances, further "cherry-picking" of information and erroneous information being used to make the problem worse. My request for a completely new C+P exam over 5 months agao has been ignored. No denial, no status update, nothing.

Is this your first, original VA claim for PTSD? You have just been denied by the RO, but have filed your NOD and asked for a DRO hearing? This is the time to submit additional evidence, you can send evidence up till the 11th hour ... ~Wings

This is my first initial claim. It has been denied originally and denied upon reconsideration. My VSO originally wanted to go the route of a BVA appeal, but after I picketed the VARO a couple weeks ago and got the VARO directors attention (and my file on his desk within 30 minutes), he called my VSO's supervisor and discussed going the route of an "expedited" DRO hearing. I am currently working on gathering additional evidence, sorting information and addressing EVERY assumption, error, overlooked piece of evidence, lost or missing records. I am also pressing for a new C+P (that lasts longet than 45 minutes) where my service records, statements, civilian treatment records, etc. are present and the evaluation is recorded on audiotape to minimize errors.

I don't trust the VA to be looking out for my best interests any more. I was stupid to believe their claim that my experience with them would be any different than with the US Army.
P.S. Sorry I have more questions than answers. Welcome to Hadit! ~Wings



#18 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 29 February 2012 - 01:45 PM

Sorry, but the green type should say "not early manifestations of her AXIS 1 diagnosis"

#19 mysticcherokee usn vet

 
mysticcherokee usn vet

    Banned

  • Banned
  • PipPipPipPipPip
  • 188 posts
 

Posted 29 February 2012 - 02:19 PM

DANG Jaina! Sorry to usurp yer thread. Its hard gettin answers sometimes. Good luck gal! Mystic

#20 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 29 February 2012 - 04:59 PM

Mystic,

Trying to jack my thread are ya? Good thing I don't actually have BPD or you would be a "BAD/EVIL" person in my book. Posted Image

Feel free to participate, and ask your own questions. You never know who is reading and what you may ask/share could be useful to the person reading.

<3

#21 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 29 February 2012 - 05:20 PM

Sorry, but the green type should say "not early manifestations of her AXIS 1 diagnosis"


Got it. I am reading and thinking about your input and will respond shortly.

I think it would be extremely helpful for the trans-gender doctors to opinein your favor: that being transgender is NOT a personality disorder! Have you requested his or her treatment records under FOIA? Can you meet with a similiar therapist?

Please tell me what MSA means?

The PEB, MEB and C&P do not diagnose BPD, where is this coming from, the IMO?

I would think if you were BPD you would NOT have lasted 6 years in the service. Your service accomplishments are not compatable with BPD.

More later ... Hang in there! You are doing everything right! You are dealing with a paternalistic (think misogynist) system. Maybe you are being discriminated against because of your gender choices or issues? Prejudice? ... ~Wings

#22 mysticcherokee usn vet

 
mysticcherokee usn vet

    Banned

  • Banned
  • PipPipPipPipPip
  • 188 posts
 

Posted 29 February 2012 - 05:28 PM

lol. military sexual assault, i presume. mystic

#23 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 29 February 2012 - 05:33 PM

Got it. I am reading and thinking about your input and will respond shortly.

I think it would be extremely helpful for the trans-gender doctors to opinein your favor: that being transgender is NOT a personality disorder! Have you requested his or her treatment records under FOIA? Can you meet with a similiar therapist?

I am really holding out for the original therapist, since this was done prior to recalling the assault, and therefore should be easy to distinguish BPD vs PTSD/BPD overlap.
Please tell me what MSA means?

Military Sexual Assault / Military Sexual Trauma

The PEB, MEB and C&P do not diagnose BPD, where is this coming from, the IMO?

The C+P / NEXUS evaluation diagnosed AXIS 2 - BPD
The C+P was forwarded to an MD the following month and they concurred with BPD for AXIS 2

I would think if you were BPD you would NOT have lasted 6 years in the service. Your service accomplishments are not compatable with BPD.

I served a total of 8 years, 10 months. including 2 full years after the attempt to MEB me out of service. It was at my last duty station my symptoms flared again, 8 months before my ETS. I tried to take an early out opportunity, but having ratted out an E-7 for being a ROADie (Retired On Active Duty) and spending his days fishing, boating, anything but being present to work.... life became a living hell. during An Article 15 I recieved for being late for duty on a weekly basis I brought up the justice of recieving an ART15 for a medically explainable symptom vs. a senior NCO's abuse of position to avoid his duties. The proverbial **** hit the fan, and the Warrant officer in our section was a little less than happy with me.

Neither is being promoted E-1 to E-6 in 6.5 years, recieving 3 AAM's (1 post assault), commandants list for PLDC (E-5 service school), Distinguished Honor Graduate in BNCOC 3 months prior to the assault (E-6 service school), nor 5 years of NCO evaluation reports that were superior ratings. NONE of this information was noted in my C+P nor any IMO since, despite trying to get it looked at.

More later ... Hang in there! You are doing everything right! You are dealing with a paternalistic (think misogynist) system. Maybe you are being discriminated against because of your gender choices or issues? Prejudice? ... ~Wings

I do not know about that, however the initial C+P exam report was rife with pronoun confusion to the point the VA had to actually send a request for clarification. and this from a Psychologist who supposedly taught a few classes on sexual Identity and gender Identity for over 2 years. I have also noted that symptoms "commonly associated" with a particular gender are being used when supporting BPD, versus being absent to support PTSD. I don't really have the energy to claim discrimination, but at this point I am not ruling it out either.


I am EXTREMELY frustrated and angry about this, as I feel my pre-assault service is being dismissed and evidence of chronic PTSD is only being used to support the BPD diagnosis. I have already made it clear that I am prepared to forward my appeal rebuttal to congressmen and the media if necessary.

Edited by Jaina Bledsoe, 29 February 2012 - 05:42 PM.


#24 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 29 February 2012 - 10:28 PM

I am EXTREMELY frustrated and angry about this, as I feel my pre-assault service is being dismissed and evidence of chronic PTSD is only being used to support the BPD diagnosis. I have already made it clear that I am prepared to forward my appeal rebuttal to congressmen and the media if necessary.


x
x
x

You might need a strongly worded IMO to refute the personality disorder. But I have seen pllenty of cases of service-connection with an Axis 2 personality d/o. So it can be done. Search BVA cases and you will see for yourself.

Rather than waiting for the retired, trans-gender clinician to respond to you (when you have said his behavior appears avoidant), I would seek out another clinician (who's practiced in the same field) to rule out the personality d/o. Even when you rule out the personality d/o. questions remain concerning the in-service stressor vs pre and post service stressors. HOWEVER, you do have a strong case with the PEB. MEB and C&P all have diagnosed Depression, chronic.

You must know your entrance into military service is PRESUMED SOUND. Even if the VA finds pre-service injuries, you have a cause or claim to "aggravation" See link below.

ALSO, what did your discharge physical exam note? ~Wings

http://38uscode.com/...d Condition.htm

#25 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 01 March 2012 - 03:30 AM

x
x
x

You might need a strongly worded IMO to refute the personality disorder. But I have seen pllenty of cases of service-connection with an Axis 2 personality d/o. So it can be done. Search BVA cases and you will see for yourself.

I am currently homeless Wings. I am on a HVGPD program for housing, but have no income. SSI is giving me the runaround on this too. I simply cannot afford IMO's at this time unless paid for by the VA (And at this point I am concerned about getting any more of those VA paid DR's).

Rather than waiting for the retired, trans-gender clinician to respond to you (when you have said his behavior appears avoidant), I would seek out another clinician (who's practiced in the same field) to rule out the personality d/o. Even when you rule out the personality d/o. questions remain concerning the in-service stressor vs pre and post service stressors. HOWEVER, you do have a strong case with the PEB. MEB and C&P all have diagnosed Depression, chronic.

The depression was "attributable to an overarching consistency with BPD" in the IMO

You must know your entrance into military service is PRESUMED SOUND. Even if the VA finds pre-service injuries, you have a cause or claim to "aggravation" See link below.

Aggravation was addressed and denied in the IMO's

ALSO, what did your discharge physical exam note? ~Wings

I have not found a psychological assessment required for the CH 5-13 Personality disorder discharge. My discharge physical? not sure if I had one of those. I only had 5 days to clear my unit, post, and the US Army. If I had one, It would have been hurried to say the least. Will look for one.

I have found records of my entrance and Warrant Officer Flight training exams giving me an ok for everything (including psych), being on flight status and logging flight hours post assault, and 3 medical history questionaires in which all but the last one i checked NO for sleep problems and depression (entry and flight physical in 1992). The last one was done approximately 3 months prior to separation and on that one I checked YES

http://38uscode.com/...20Condition.htm



#26 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 01 March 2012 - 04:42 AM

Wings,

as far as the VA trying to rebut the presumption of sound condition I believe the IMO's they have attained are attempting to do just that. I may however have an arguement on the burden of proof being mistakeable, if I can sufficiently discredit or call into question the accuracy of the IMO based on errors of assumption, chronological errors, crossover of PTSD/MDD/BPD symptoms, the evaluator's lack of experience and specialty, possible discriminatory beliefs, etc.

I find it kind of funny how the burden of proof for the VA has somehow shifted to a burden of proof on me to discredit.

#27 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 01 March 2012 - 08:11 AM

Wings,
as far as the VA trying to rebut the presumption of sound condition I believe the IMO's they have attained are attempting to do just that. I may however have an arguement on the burden of proof being mistakeable, if I can sufficiently discredit or call into question the accuracy of the IMO based on errors of assumption, chronological errors, crossover of PTSD/MDD/BPD symptoms, the evaluator's lack of experience and specialty, possible discriminatory beliefs, etc.

I find it kind of funny how the burden of proof for the VA has somehow shifted to a burden of proof on me to discredit.


x
x
x

The hadit forum is acting quirky for me today. I tried to respond to your message below, but the text editor would only capture your name, and not the text of your message. Anyway, just wanted to tell you that you are doing a good job with your claim. Yours is a very complex claim and you are doing well to refute and rebut and submit corrections, etc. etc. Keep up the good work.

When you were discharged, does your DD-214 reflect and honorable d/c? Did the Army blemish your DD-214 with reasons? I have a little experience dealing with the BCMR and DRB in this regard. I was able to upgrade an OTH to HON due to the military NOT following their own regulations because they did NOT provide a mental status examination prior to discharge.

I do understand NOT having the money for a private IMO. I had to use local community resources, which were very supportive; and though the VA may have read their statements, they certainly did not cite them into evidence. Likewise for Lay Statements from family members. It has always angered me how the VA will pick and choose the evidence to list/cite in their formal decisions. I think all of the evidence should be listed so that other decision makers can find them.

Like you, I also think the VA has weighed too heavily on the IMO's diagnosis, where you have at least 3 other examiners that diagnose you with a primary, compensatable condition. You are fighting for your life and your honor. I understand. Keep fighting. I thinkk it is wise of you to diiscredit the exams and examiners. The IMO should have come from a specialist AND s/he should have examined YOU and not just your records.

ALSO, you can ask the VA (start wit your PCP) for a psychological asessment and battery of psychological testing. I think it would be Discriminatory to provide psche testing to some veterans and not others. And, I think a full battery of testing would rule out BPD. See the national center for PTSD http://www.ptsd.va.g...equest-form.asp Your VA provider can make te request for testing --and you can tell the DRO you want this done. When I read the battery of tests, however, I not that there is an MMPI tailered to combat PTSD, but NOT tailered to MST-PTSD.

You should have had a discharge examination according to AR 635-200 Active Duty Enlisted Administrative Separations. Download the regulation here http://girightshotli...-discharge/army

Study BVA cases and CAVC cases for the doctrine of presumption of sound condition, it may be illuminating or helpful.

BVA search http://www.index.va....rch/va/bva.html
CAVC Search http://search.uscourts.cavc.gov/

Searching BVA cases, I have read their decisions using this formula in their decisions:

For purposes of clarification, the Board notes that during
service the Veteran was a male. After service, the Veteran
underwent male-to-female sex reassignment surgery. In order
to limit the potential for confusion, the Board will refer
to the Veteran in the female gender, including when
describing events in service.
http://www.va.gov/ve...es2/1013124.txt

*edit as appropriate ;-) ~Wings

#28 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 01 March 2012 - 08:33 AM

x
x
x

Note: The presumption of sound condition was ammended in 1995 to put the onus back on the VA to rebut the presumption. When searching, cite decisions after 1995. ~Wings

When you search the CAVC here http://search.uscourts.cavc.gov/

See right hand side of page

Search Options
Advanced Search
Menu Assisted
Natural Language

I find the search options very useful.

Full panel opinions often times have extrememly informative dissenting opinions.

#29 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 01 March 2012 - 09:52 AM

x
x
x

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 00-2382

Michael D. Cotant, Appellant,

v.

Anthony J. Principi,
Secretary of Veterans Affairs, Appellee.

On Appeal from the Board of Veterans' Appeals
(Decided June 6, 2003 )

-snip-

In this case [1993] the Board first found that the appellant's preexisting
hip condition had increased in severity during service, thereby triggering
a presumption of aggravation under 3.306. R. at 6-7. The Board
determined that more "weight" should be given to the opinion of the VA
examiner, Dr. Rangitsch, than that of the veteran's private physician, Dr.
Gentry, because that VA examiner's opinion "was preceded by a thorough
clinical examination" and a review of the veteran's SMRs,
and the Board
thus found that the presumption of aggravation had been rebutted because
Dr. Rangitsch's opinion "[rose] to the higher level of clear and
unmistakable evidence" necessary to rebut the presumption of aggravation.
R. at 7. The Court concludes that this determination of the Board was
erroneous.


First, the Board did not reject as lacking in credibility Dr.
Gentry's opinion that the veteran's condition was aggravated by his
activities in service. Rather, it gave "more weight to the June 1998 VA
examiner's opinion", that of Dr. Rangitsch. R. at 7 (
emphasis added).

Second, Dr. Rangitsch's rather equivocal opinion, even standing alone, was
far from the kind of unconditional evidence necessary to meet the very
demanding clear-and-unmistakable-evidence standard.
See Vanerson, supra;
see also Harris v. West, 11 Vet.App. 456, 462 (1998) (holding that
physician's unequivocal and uncontradicted opinion regarding the
appellant's disability constituted clear and unmistakable evidence that
rebutted presumptions of soundness and aggravation). Indeed, Dr.
Rangitsch stated his opinion with five distinct qualifications: (1) "As
to whether this [DJD of the right hip] is accelerated by his military
service, it is impossible to say"; (2) "[c]ertainly the activities he
performed could have accelerated his hip disease"; (3) "it is most likely
that the natural process [sic] of the disease would have resulted in hi[s]
developing this hip problem even at an early age"; (4) "I would feel it is
more likely that the hip disease was due to the underlying Perthes disease
and the natural processes of aging as the disease would progress"; and (5) the
DJD of the right hip was "not significantly aggravated by his service-
related activities". R. at 605 (emphasis added). Moreover, Dr. Rangitsch
reiterated two of the above qualifications in his January 2000
supplemental report. R. at 609 ("most likely" and "not significantly
aggravated"). Third, Dr. Gentry opined: "Mike Cotant's medical records
. . . reveal [that] he had Legg[-]Perthes disease of the right hip before
he joined the military service, the result of which left him with
significant degenerative joint changes of the hip which in my opinion was
aggravated by the activities he did in the service.
" R. at 578.

Reviewing the evidence de novo under Bagby, supra, the Court holds that
the record does not provide clear and unmistakable evidence that the
appellant's increase in his right-hip disability was due to the natural
progression of his DJD of the right hip.
See 38 C.F.R. 3.306(b); Crowe
and Bagby, both supra.

Accordingly, because the Board found that clear
and unmistakable evidence demonstrated that the appellant's right-hip
disability preexisted service and found also that that disability had
increased in severity during service (R. at 3,6,7), findings not
challenged on appeal, we hold that the evidence as to natural progress of
that preexisting condition does not show clearly and unmistakably that
that increase found by the Board was "due to the natural progress of the
disease", 38 C.F.R. 3.306(a), and, therefore, that that preexisting
disability must be considered to have been aggravated "by . . . service."
Ibid. We must thus reverse the Board conclusion as to aggravation and
direct that a finding of aggravation be entered. 38 C.F.R. 3.306(b);
see Crowe and Bagby, both supra.

In reaching the above decision to reverse as to aggravation in this
case, we are mindful of the principles so cogently set forth by our
recently retired colleague, Judge Holdaway, in Vanerson:

Pursuant to the duty to assist, the Secretary is required to
assist the claimant "in developing the facts pertinent to the
claim"; that duty must be performed without regard to whether
the evidence supports or detracts from the claim. Once the
claim has been developed, the Secretary is required to make an
impartial decision affording the claimant the benefit of the
doubt where the evidence is in equipoise.
The typical parley
of "basic facts" and "counter proof" involved with presumptions
in an adversarial proceeding does not fit the VA adjudication
system where the very adjudicator, who is charged with
assisting in the development of the claim, would also bear the
burden of rebutting the presumption. . . .


Additionally, the standard of proof for rebutting the
presumption of soundness is not merely evidence that is cogent
and compelling, i.e., a sufficient showing, but evidence that
is clear and unmistakable, i.e., undebatable. . . . [and] the
question is not whether the Secretary has sustained a burden of
producing evidence, but whether the evidence as a whole,
clearly and unmistakably demonstrates that the injury or
disease existed prior to service.
Vanerson, 12 Vet.App. at 261.

Here, the same standard of proof applies
to the evidence as to natural progression of the condition for purposes of
assessing aggravation, and we have no doubt that the evidence fails to
demonstrate clearly and unmistakably
- that is, undebatably - that the
increase in severity during service of the veteran's preexisting right hip
condition was not due to the natural progress of the disease.
See 38 C.F.
R. 3.306(b); Crowe and Bagby, both supra. Accordingly, having
concluded that the appellant is entitled to the 3.306 presumption of
aggravation, we turn to the issue of service connection.

E. Service Connection

In order for a preexisting condition aggravated in service to be
found to be service connected, the three so-called Caluza elements must be
satisfied.
See Rose v. Principi, 11 Vet.App. 169, 172 (1998) (applying
three elements for service-connection claim from Caluza v. Brown, 7 Vet.
App. 498, 506 (1995) (holding that claim required "competent evidence [(1)]
of current disability (a medical diagnosis)[,] . . . [(2)] of incurrence
or aggravation of a disease or injury in service (lay or medical evidence
)[,] . . . and [(3)] of a nexus between the in-service injury or disease
and the current disability (medical evidence)"), aff'd per curiam, 78 F.3d
604 (Fed. Cir. 1996) (table)).

The determination of service
connection is a finding of fact determined under the "clearly erroneous"
standard of review set forth in 38 U.S.C. 7261(a)(4). See Rose, 11 Vet.
App. at 172; Russo v. Brown, 9 Vet.App. 46, 53 (1996). The last Caluza
element, nexus, may be shown under 38 C.F.R. 3.303(b), as discussed
below, by chronicity or continuity of symptomotology.
See Rose, 11 Vet.
App. at 171. Under 3.303(b), if "chronic disease [is] shown as
such in service (or within the presumpt[ion] period under 3.307) so as
to permit a finding of service connection, [then] subsequent
manifestations of the same chronic disease at any later date, however
remote, are service connected, unless clearly attributable to intercurrent
causes";
the regulation further declares that "[w]hen the disease identity
is established . . . , there is no requirement of [an] evidentiary showing
of continuity." 38 C.F.R. 3.303(b) (2002); see Savage v. Gober, 10
Vet.App. 488, 494-95, 498 (1997).

The Board addressed two of the Caluza elements of service connection.
As to the first Caluza element, the Board found sufficient evidence of a
current disability to conclude that the service-connection claim was well
grounded under then-section 5107(a) (the requirement of a well- grounded
claim previously set forth in 38 U.S.C. 5107(a) was repealed by VCAA 4,
114 Stat. at 2098). R. at 3 (finding "a current medical diagnosis of [
right-hip] disability").

Although there appears to be no evidence after
January 2000 pertaining to current disability, this Board finding and the
medical evidence of a disability relatively contemporaneous with the BVA
decision (R. at 605, 609) would satisfy the Caluza requirement of current
disability, especially because there is no medical evidence of record to
the contrary and no dispute that the veteran had the disease at that time.
See Caffrey v. Brown, 6 Vet.App. 377, 381 (1994) (assessing
contemporaneousness of medical diagnosis in terms of date of BVA decision
and concluding that medical examination conducted 23 months prior was not
contemporaneous with BVA decision
). As to the second Caluza element,
our holding here provides the finding of in-service aggravation of a
preexisting right-hip condition, which the Board characterized as "right[-]
hip arthritis". R. at 6.

As to the third Caluza element of nexus, however, even though the
veteran applied for service connection on September 21, 1992, one month
after his separation examination, there appears to be no medical evidence
in the record linking the current disability to the in-service
aggravation of his condition. Cf. Hampton v. Gober, 10 Vet.App. 481 (
1997) (holding that Caluza nexus requirement was met by evidence of record
regarding separation examination and VA examination two months later, both
of which referenced bilateral knee condition). In this case, a medical
nexus opinion is lacking; that lack of medical evidence of nexus,
however, is not fatal to the appellant's service-connection claim.


Regulation 3.303(b), relating to chronicity or continuity of
symptomatology, "provides an alternative method of demonstrating
entitlement to service connection."
Rose, 11 Vet.App. at 171 (citing
Savage, 10 Vet.App. at 495-96 (concluding that 3.303(b) provides a "
substitute way of showing in-service incurrence and medical nexus for
purposes of well grounding . . . a claim"); 38 C.F.R. 3.309(a) (2002
) ("[a]rthritis" denominated as "chronic disease" for purposes of one-year
presumption of service connection established by 38 C.F.R. 3.307(a)(2)
for chronic diseases). Because the question of continuity of
symptomatology or chronicity for purposes of determining service
connection of the veteran's currently diagnosed "degenerative arthritis of
the right hip" (R. at 605) has not been addressed by the Board, the Court
will remand the question of service connection to the Board for it to
address in the first instance.
See, e.g., Myers v. Principi, 16 Vet.App.
228, 236 (2002) (remanding effective-date issue to Board because of
possibility that "not all of the material that may bear on this question
was included in the ROA").

IV. Conclusion

REVERSED AND REMANDED.

#30 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 02 March 2012 - 10:08 AM

Talked to my VSO yesterday. He gave me the impression that although all is not lost, if I don't get at least one IMO in my favor I am sunk at the DRO.
Can I get one of these through the Vet Center? I don't have $300-$500 lying around.

Good news however. My first duty station commander wrote a short but pointed letter in support of my mental state prior to the assault. he even went on to say in his 26 years of service he saw many soldiers exhibit psychological problems, but I wasn't one of them. He said I was a valuable member of the unit. He also wants me to stay in touch with him now, until the VA thing gets resolved.

Also got a letter from my former business' manager (worked for me). She described my reactions to learning of my daughter's abuse and how it affected my job performance. Wow, she has better memory than I do that's for certain.

Now if I can only get 2 previous therapists to write their letters.... or even return my calls

#31 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 02 March 2012 - 12:18 PM

Wings.... why can't I message you? the site says you can't use the messaging system?

#32 carlie

 
carlie

    Moderator/Admin/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPipPip
  • 22180 posts
 

Posted 02 March 2012 - 01:31 PM

Wings.... why can't I message you? the site says you can't use the messaging system?


Most times Wings has PM service blocked / turned off.

Many members get loaded down with PM's and it can become way too time consuming
and draining. I'm not saying that's Wings reason - but is reason for some.
JMHO

#33 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 03 March 2012 - 10:56 AM

So a little update on the sorting of records:

1) I found my copies of my separation packet, including my psych eval that the VA lost. It diagnoses AXIS 2- BPD NOS, no other data. I am going to submit it to the VA as a good faith gesture. hopefully they will stop questioning my integrity on this thing.

2) I found undisputable proof that I had begun outprocessing for an Early Separation 3 weeks prior to an incident where I was to recieve a fabricated article 15 seeking my rank (and disqualifying me from an early out) for whistleblowing backlash.

3) I am exhausted

#34 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 04 March 2012 - 09:53 AM

So a little update on the sorting of records:

1) I found my copies of my separation packet, including my psych eval that the VA lost. It diagnoses AXIS 2- BPD NOS, no other data. I am going to submit it to the VA as a good faith gesture. hopefully they will stop questioning my integrity on this thing.

2) I found undisputable proof that I had begun outprocessing for an Early Separation 3 weeks prior to an incident where I was to recieve a fabricated article 15 seeking my rank (and disqualifying me from an early out) for whistleblowing backlash.

3) I am exhausted



x
x
x

I don't see how the Axis 11 diagnosis of BPD (borderline personality d/o) is going to help your claim. You need not submit evidence unless you think it will help. An Axis 1 diagnosis could suggest a compensatable condition.

There should be a general Form/Checklist that lists 20-50 complaints where you check yes or now ie. injuires, sleep, depression, excessive worry, etc. Did you find that in your search? ~wings

P.S. Yes, it is exhausting. The VA doesn't make it easy at all.

#35 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 04 March 2012 - 09:08 PM

x
x
x

I don't see how the Axis 11 diagnosis of BPD (borderline personality d/o) is going to help your claim. You need not submit evidence unless you think it will help. An Axis 1 diagnosis could suggest a compensatable condition.

There was no AXIS diagnosis other than AXIS 2 - BPD. AXIS 1 and 3 state "none". My DD-214 already states Personality disorder. I was thinking to submit it because for one It is extremely brief (one page), and may have been done incorrectly for all I know. I will ask my DAV rep before I do submit it. I also thought it may show the VA where my interest is in justice and accuracy, and perhaps show someone that my integrity is not as easily questioned as they seem to like to portray.

There should be a general Form/Checklist that lists 20-50 complaints where you check yes or now ie. injuires, sleep, depression, excessive worry, etc. Did you find that in your search? ~wings

Yes I did. It had originally been a physical for an early out. It was done Jan 12th, 1998. Later the reason of "Early Separation" was crossed out and changed to chapter discharge. It is indeed countersigned as of 12 January however. In it I stated 2 conditions, trouble sleeping and depression. The IMO from an MD noted seeing it, but said it was "unremarkable".

The psych eval at that time was checked "ok", but a month later the psych eval for chapter stated BPD, without mention of the problems that developed while in service 2 years previously.

This in my eyes is critical supportive evidence, since the VA doubts my claim that I was seeking an early out due to my ability to keep symptoms under control. The day I was "Absent from duty" was the day I was attending an outprocessing briefing. They sought an ART15 for my SSG rank. this would have made me ineligible for early out, all because I had reported a SFC of the section being AWOL more often than not, yet being accounted for (and paid) for months. This, and the harassment I endured up until seeking that early out, was whistleblower reprisal. unfortunately the VA doesn't want to see harassment, reprisal, internal politics, etc. they believe everything in the military runs according to regulations every time, all the time.

P.S. Yes, it is exhausting. The VA doesn't make it easy at all.


Edited by Jaina Bledsoe, 04 March 2012 - 09:16 PM.


#36 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 05 March 2012 - 08:06 AM


The VA likes to coin the phrase "persuasive arguments". They want to be persuaded --knocked over the head with eviidence. The BVA will also reason, "we are not required to discuss (cite) every piece of evidence", meaning, they will often ignore evidence unless it has weight. You need a weighty IMO. A trans-gender rights advocacy group might suggest a psychological specialist who could opine that you were sreened for mental illness prior to transition --and did not find BPD, but rather a history of Depression commencing with in-service assault. I suggest you also explore local resources: I used County Mental Health because it was free; used FREED, a disability rights advocacy office to copy and fax my papers to the VA; used a local medical clinic that offered a free 6 week 1:1 with a social worker. I used my children's school counselors, etc. Just find veteran-friendly providers. I think you can overcome the BPD diagnosis with a qualified Psychologist that will contrast your six years of military accomplishments with a personality d/o Discharge. As you are given to clerical accuracy, you may also want to ask the military boards (DRB) to correct your DD-214. Wish others would chime in. ~Wings

#37 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 05 March 2012 - 12:46 PM

I have finished putting my service records in chronological order. I have included medical and personell records, plus any supportive evidence (education records, personal correspondence, etc). I have compiled MORE records than those afforded the C+P examiner who only had service medical and VA medical records, and will be presenting those to my VA Mental Health therapist, VA prescriber, Vet Center therapist and possibly Psychologist (If they have one), as well as a private Psychologist who specializes in assault trauma.

My attempts to contact previous therapists are going unanswered

#38 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 05 March 2012 - 07:21 PM

I have finished putting my service records in chronological order. I have included medical and personell records, plus any supportive evidence (education records, personal correspondence, etc). I have compiled MORE records than those afforded the C+P examiner who only had service medical and VA medical records, and will be presenting those to my VA Mental Health therapist, VA prescriber, Vet Center therapist and possibly Psychologist (If they have one), as well as a private Psychologist who specializes in assault trauma.

My attempts to contact previous therapists are going unanswered


What was your principal means of requesting your records from them? Did you use the FOIA? Did your VSO request those records on your behalf? HIPPA laws regulate the release of private medical records; see http://medicalrecord...du/records.html

#39 Jaina Bledsoe

 
Jaina Bledsoe

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 47 posts
 

Posted 05 March 2012 - 09:42 PM

I used my VSO to request complete copies direct from the VARO of my C-File, SMR's, SPR's. They gave me everything, since this was the same day the Regional Manager reviewed my C-file.

I requested directly from the VAMC copies of medical records since seeking services in aug, 2010.

The "missing records" I requested via a FOIA request. So far only my flight medical records and some additional first hospitalization records have surfaced. I am still missing Off-post treatment records (Ft. Campbell transferred me off post to a treatment facility), and all records from a hospitalization on an Air Force base (Lackland?) in San Antonio 3 weeks later.

#40 Wings

 
Wings

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 12762 posts
 

Posted 05 March 2012 - 11:20 PM

I used my VSO to request complete copies direct from the VARO of my C-File, SMR's, SPR's. They gave me everything, since this was the same day the Regional Manager reviewed my C-file.

I requested directly from the VAMC copies of medical records since seeking services in aug, 2010.

The "missing records" I requested via a FOIA request. So far only my flight medical records and some additional first hospitalization records have surfaced. I am still missing Off-post treatment records (Ft. Campbell transferred me off post to a treatment facility), and all records from a hospitalization on an Air Force base (Lackland?) in San Antonio 3 weeks later.



mirror site for NARA info. http://www.cufon.org...Menu_EDITED.htm