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@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
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Mst Diagnosis And Nexus


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#41 Pete53

 
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Posted 06 March 2012 - 10:30 AM

First of all I want to thank Wings and all who have commented on this thread. I am overwhelmed by the quality of research Wings does when she digs into a claim.

Jaina:

Several times you have been advised that you need a good Independent Medical Opinion to refute the VA hanging their denial on personality disorder. About personality disorder the VA and the Military have used it time and time again to deny and even if you have a Personality Disorder you mentioned that your CO wrote that he did not see it is a powerful refutation of a misdiagnosis.

Some things I know about personality disorder. First even if you have a personality disorder or a preehisting mental condition all you have to demonstrate is that you either aggravated a compensatable condition or acquired it in service. Although the VA and the military use a vague definition of a personality order the types and symptoms are quite specific.

I don't care what you have to do get the IMO and if you are using the Vet Center they can help but you have to ask them for specific help. If you have any kind of rappor with a VA Doc ask them for help. Unbiased preofessionals can see what VA is doing hell I can I am nothing more than someone who has fought the VA over a misdiagnosis of Persoanality Disorder.

Another thing I am glad that you have a VSO who is supportive I think it gives more credibility to your claim.

So be your own best VSO and go on a mission to get a good IMO. Good Luck

Pete

#42 Jaina Bledsoe

 
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Posted 06 March 2012 - 12:21 PM

Yes, Wings is "The goto Girl" it seems when research is involved. I bow humbly before her skillsPosted Image

Yes I do have a VA psychologist who is willing to help, but his initial diagnosis was BPD in AXIS 2 as well (Axis 1 PTSD, MDD). However, my initial panic has worn off quite a bit and I have been engaged in intense individual and group therapy since. He has seen me once since that evaluation and commented on the drastic improvement as has my individual therapist. I called him last week to discuss possible clarification of his diagnosis since it was not done with my SMR's or SPR's present. I told him what the VA's diagnosis was, and reasons, and he seemed to have a different opinion as to when the BPD would have become evident (ie - long before the trauma).

The Vet center is also aware of what I am up against (and aware just how common it is), and will help. At least there I can see someone who actually listens to the whole history and can put everything in context. Even when I may disagree, which so far has been rare, she has adequately explained to me her reasons and to what effect this has against (or for) the support of PTSD vs BPD.

I cannot deny that I may have had a mild form of BPD prior to entering, however it may have also been part of basic personality traits developed over the years. I also cannot deny that I may have been at higher risk of developing PTSD, or aggravating BPD, when exposed to significant trauma experience. Child abuse as a child does NOT always have negative outcomes. Resiliency, intervention, type and frequeny of abuse, and how the abuse is seen by the abused (ie - I am not at fault) helps dramatically and can in some cases make an abused child overachieve later - I have research to back this last part up.... a LOT of research.

Where the rubber hits the road with me is when the VA opinion basically is dismissive of 6.5 years of service prior to the assault. I also take issue with the mere mention of abuse being used to diagnose without questions as to at what ages, the type of abuse, the intervention that occured, my resiliency after, etc. It sure reeks of "there's the VA's out - discussion over".

Wings.... you have been extremely helpful. I hope I can count on you at some later date to help me with finding BVA citations I cannot.Posted Image

~Jaina

#43 Wings

 
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Posted 07 March 2012 - 08:20 AM

I do have a VA psychologist who is willing to help ... his initial diagnosis was Axis 1 PTSD, MDD, Axis 2 BPD

I cannot deny that I may have had a mild form of BPD prior to entering [service] ... Did you know you had an Axis 2 diagnosis of BPD before or during military induction? Did someone tell you, a medical doctor or therapst? Unless you purposefully lied on your enrollment papers, please deny any prior knowledge of this issue. It will not help you to concede to the VA's (or BCMR's) arguments that you were unfit for service.

Where the rubber hits the road with me is when the VA opinion basically is dismissive of 6.5 years of service prior to the assault. I also take issue with the mere mention of abuse being used to diagnose without questions as to at what ages, the type of abuse, the intervention that occured, my resiliency after, etc. It sure reeks of "there's the VA's out - discussion over". ~Jaina

I agree with you. The VA's own rules and regulations surrounding Presumption of Soundness would attach to your arguments,; 38 USC 1111, 38 CFR 3.306(b).

See attached. ~Wings over and out ;-)




This text editor does not have an option for attachements. I have never had so many script errors with one of Hadit's boards as this one ;-(

#44 Jaina Bledsoe

 
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Posted 07 March 2012 - 11:00 AM

No wings I had no psychological records (that I know of) prior to entering the service. I signed a release of information for records prior to entering. I am not conceding anything. Personally I think the BPD diagnosis is bogus. I suppose wording that differently would have been better.

I have said in a statement to the VA that although I can't deny the early abuse had an effect on me, I take issue with the assumption that it would have all been negative. I stated that the situation made me stronger, more determined to break that cycle and be something better. It has only been recently that I found books and articles by PhD's discussing this very thing (overachieving). My service records attest to this.

I have numerous pieces of evidence supporting presumption of sound condition. my delayed entry exam in 1988, a full flight physical for WO flight training in 1992 that even states the tests performed, and an early out exam 1 month prior to the start of chapter proceedings in 1998 all state everything was fine. It wasn't until the very end that BPD became a dx. Even for that psych portion everything was checked "normal" for ranges, yet the dx for BPD was based almost entirely on previous hospitalizations after the assault which were dx Adjustment disorder. The brevity of that exam summary was one page...

the good news is that i am no longer panicked about the VA. Having gone through my records, researched topics, and secured more buddy statements from officers I feel I can make a strong case (as long as I can get 1-2 IMO's to back me). I am going before the DRO as if it were the BVA, citing their very own cases where applicable. I want to make the DRO's decision a no-brainer as much as possible

#45 Wings

 
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Posted 07 March 2012 - 11:31 AM

No wings I had no psychological records (that I know of) prior to entering the service. I signed a release of information for records prior to entering. I am not conceding anything. Personally I think the BPD diagnosis is bogus. I suppose wording that differently would have been better.

I have said in a statement to the VA that although I can't deny the early abuse had an effect on me, I take issue with the assumption that it would have all been negative. I stated that the situation made me stronger, more determined to break that cycle and be something better. It has only been recently that I found books and articles by PhD's discussing this very thing (overachieving). My service records attest to this.

I have numerous pieces of evidence supporting presumption of sound condition. my delayed entry exam in 1988, a full flight physical for WO flight training in 1992 that even states the tests performed, and an early out exam 1 month prior to the start of chapter proceedings in 1998 all state everything was fine. It wasn't until the very end that BPD became a dx. Even for that psych portion everything was checked "normal" for ranges, yet the dx for BPD was based almost entirely on previous hospitalizations after the assault which were dx Adjustment disorder. The brevity of that exam summary was one page...

the good news is that i am no longer panicked about the VA. Having gone through my records, researched topics, and secured more buddy statements from officers I feel I can make a strong case (as long as I can get 1-2 IMO's to back me). I am going before the DRO as if it were the BVA, citing their very own cases where applicable. I want to make the DRO's decision a no-brainer as much as possible


x
x
x

I admire your intelligence strength!! You are going to need with the VA! Keep your chin up!

Your claim is complex so your job is to keep it simple for them. I'll bet it's difficult for the VA to maintain a stance of objectivity when they are faced with such delicate matters as yours. When you have evidence, you carry the weigh of the law. Even with scant evidence or where the evidence is in "equipose", there the benefit of the doubt doctrine applies.

When is your DRO Hearing?

What was your MOS? ~Wings

#46 Jaina Bledsoe

 
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Posted 07 March 2012 - 09:06 PM

x
x
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I admire your intelligence strength!! You are going to need with the VA! Keep your chin up!

Your claim is complex so your job is to keep it simple for them. I'll bet it's difficult for the VA to maintain a stance of objectivity when they are faced with such delicate matters as yours. When you have evidence, you carry the weigh of the law. Even with scant evidence or where the evidence is in "equipose", there the benefit of the doubt doctrine applies.

I will only be drawing attention to that which is pertinent to my claim. I am a big believer in the KISS method.

I found out today that the Vet Ctr will NOT do an IMO for me, but I did get a referral to a specialist in PTSD / MST who does not work for the VA but knows how to do the IMO to their standard.

I have also decided to attempt to contact my Ft. Campbell commander to back up the part of my statement as to the 180 degree shift in a short period, the presence of the family member who assaulted me (they pinned one side of my uniform for E-6 with the CDR), and that I approached them directly about my concerns prior to the suicide attempt. Hopefully they will oblidge


When is your DRO Hearing?

Have not heard when it will be. I will not go to the DRO until I have gathered all the evidence I feel is neccessary.

What was your MOS?

I was 67U-30. Medium Helicopter Repair (CH-47D), assigned to Quality Control for the final 2 years of my service (clearing maintenance on aircraft and releasing them to fly). Basically I was the one who would go to prison if something wasn't done right and resulted in an aircraft mishap.

~Wings



#47 Jaina Bledsoe

 
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Posted 08 March 2012 - 12:32 AM

/pop champagne!!!

A local Psychologist in the area who specializes in VA counter-IMO's for PTSD and MST has agreed to take me on. She only accepts 2 clients per month, and only if their case is "interesting and unique". She is fully aware of the BPD position the VA takes (particularly with child abuse histories), and LOVES to counter these types of IMO's.

This woman was referred by the Vet center with high praise. Her IMO's are effective and she will even accompany to DRO's and BVA's.... can't beat that. Best part is that a friend is going to pick up the tab and would rather me do this (6-8 sessions) than find myself doing another rush job.

/happy dance :)

#48 #1Cavtrooper

 
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Posted 08 March 2012 - 06:49 AM

Congrats! Pop!

#49 Wings

 
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Posted 08 March 2012 - 09:43 AM

/pop champagne!!!

A local Psychologist in the area who specializes in VA counter-IMO's for PTSD and MST has agreed to take me on. She only accepts 2 clients per month, and only if their case is "interesting and unique". She is fully aware of the BPD position the VA takes (particularly with child abuse histories), and LOVES to counter these types of IMO's.

This woman was referred by the Vet center with high praise. Her IMO's are effective and she will even accompany to DRO's and BVA's.... can't beat that. Best part is that a friend is going to pick up the tab and would rather me do this (6-8 sessions) than find myself doing another rush job.

/happy dance :)



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Divine Intervention!! Excellent news!! Now you can proceed with full body armor ;-)

#50 Jaina Bledsoe

 
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Posted 13 March 2012 - 02:29 PM

Apparently the commander letter I received was better than I thought. The "lost" evaluation at the time of my discharge has also proven to be an asset. Apparently the Psychiatrist did one form for competency to undertake article 15 proceedings that stated everything was fine with me in all areas and aspects, and another that stated I had BPD and recommended administrative discharge. Both dated same day, signed by same doctor.

Got to love when a Dr. contradicts themselves.

My VSO is also going to contact the two therapists who are not returning my calls as well as locate my Ft. Campbell commander. This guy has proven to be the most helpful when I am helping myself (hint to all other vets).

I want to feel positive about this thing but in all honesty I just can't bring myself to do so. I know that beyond the DRO level I am looking at a BVA wait of at least 2 years. I can't go from one extreme (hope - despair) unscathed any more. I flat out asked my VSO if he thought I was spinning my wheels with this. He said it looked like I was getting railroaded and hoped that if we lose the DRO I persist to the BVA level. I told him of course I would, but I would not be as restricted in voicing my displeasure from then on....publicly. He wasn't suprised at all. For now I will just focus on building my side of the case, and wait out the decision.

I read about the Veteran's March on the 4th of October. I think I just may try to organize one of those here in Portland as well. Why should DC get all the attention? I personally think that a nationwide appearance at every VARO would be oh so much more effective, more cost efficeint to the vets, have a higher turnout in total, and likely get even more media coverage. Just my thought on the matter....

My IMO first appointment is 1 May. Will have to do 6-8 visits for a comprehensive and thorough exam. VSO said the DRO can be asked to withold a final decision for up to 180 days if more evidence is being waited on. I will certainly get that in writing however, as I flat out don't trust the VA on any verbal level any more.

~Jaina

Edited by Jaina Bledsoe, 13 March 2012 - 02:32 PM.


#51 Jaina Bledsoe

 
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Posted 27 April 2012 - 08:41 PM

Had DRO hearing Tuesday. was formal and apparently they don't have people request the formal ones very often. My VSO made a pretty strong case in proving no pre-existence of ANY mental problems prior to and during the majority of my service. The DRO took notes at these points.

As far as trying to counter the errors in the C+P exam, since "perfecting a claim" is the goal, the VA denied our request for a disinterested 3rd party evaluation. I would like to think this was an economic denial vs. a "we already have a C+P that allows us to deny you" one. So here I am fighting nausea as I contemplate borrowing $1k for a private exam with the hope of it making a difference and me being able to repay the loan.

My personal statement at the end was me basically expressing the confusion I have had wrapping my head around disassociating the assault for so long and how the VA's actions / inactions have basically left me feeling invalidated and revictimized. I also expressed my desire to move on beyond this and put it all behind me. doubt it makes a difference, but I had to say it.

The DRO will withhold his decision for up to 180 days as I gather further evidence (private C+P)

Edited by Jaina Bledsoe, 27 April 2012 - 08:43 PM.