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C P Exams Saying Caused By Or Result Of Service


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9 replies to this topic

#1 walt

 
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Posted 20 April 2012 - 09:51 AM

Good Morning everyone and Thank you.

My claim has been in decision twice and has been sent back to gathering of evidence.the regional office has asked St.Louis DOD For this."request herbicide exposure documents" I understand they are checking the archives for documents from korean service. I have some questions please.First I have three cp exams with what I think is positive.One is for panic disorder from a va Phychiatrist saying ,"The condition/dissability panic disorder is most likely caused by or a result of military service.
The other two are for copd and high blood pressure,both saying, the condition/dissability" is as likely as not (greater than 50/50 probability} caused by or a result of military service.Am I correct in thinking it is still up to the rater whether I get anything or not?The copd and high blood pressure were written as an addendum at the time I went for the cp exam for the panic disorder.I had a cp exam by the same Dr. that gave these two opinions and he was no help at all on the conditions he examined me for then.

Also these three conditions are three of four I was denied for in 2000.The denial letter stated in the analysis...service connection is denied since the condition neither occurred in nor was caused by service. Yet directly above in the facts paragraph it says...The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time)Treatment records from va medical center in Murfreesboro Tennessee show he was treated for copd in Feb. 2000. It says basically the same thing for anxiety and high blood pressure.

In the evidence it says...Notice from nprc that they forwarded the veterans service medical records to Montgomery Regional office on August 4 2000 These records have not been received....medical evidence from the veteran....treatment records from va medical center in Murfreesboro TN. for the period of May 26 1992 to May 23,2000. They now have all this plus va records from Two other va medical centers.At the time they did not have two of my four dd 214's.They do now.
Thet stated in denial that if records were subsquently received claim will be reconsidered with date of claim protection. I pointed this out to them in my present claim.I guess they only got these records when I opened this claim.

As to the request from DOD for herbiside exposure...The presumptive date for korea agent orange and herbicide exposure begins1 April 68 and I left there in November 67.However I have a declassified document showing it was tested at nine different locations on 80 acres during Sept.,Oct.,Nov.and I think Dec.1977 I was TDY twice to the DMZ and was stationed six miles south.I have not found out the locations it was tested except The south border tape to civilian control line.Thre have been some granted Service connection for this.I am trying to get all info I can come up with.

I know some of this is repetative of my previous post but I tried to give all I could so you would be able to advise and/or comment. Thank you all very,very much.Too I noticed for first time im my va records..prognosses advanced emphysema.

#2 Chuck75

 
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Posted 20 April 2012 - 10:59 AM

The "rater" makes the decision. It seems from your stated information that you should be successful.
However the VA's error rate is high enough that there is no telling. I'd say that there is at least a 30% chance that you will end up filing an appeal. On the other hand, you may have at least a 50% chance of a favorable decision. I assume that you have already filed for reconsideration, from your remarks.

#3 Berta

 
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Posted 20 April 2012 - 12:02 PM

About a year ago the VA extended the end date of Korean AO exposure to Aug. 31, 1971 which hopefully has helped some Korean War vets attain SC for AO.
http://www.gpo.gov/f...l/2011-1342.htm
“Thet stated in denial that if records were subsquently received claim will be reconsidered with date of claim protection. I pointed this out to them in my present claim.I guess they only got these records when I opened this claim. “

Yes that is true.

We have info here on that in topic called “Newly discovered service records.” available under a search here.

VA is firm on the AO Korean reg dates. I dont see here any AO presumptive condition but if the COPD and HBP is in your SMRs, and the panic disorder , as the C & P s do sound favorable for SC, then I don't see need to focus on the AO regs, unless the HBP was first manifestation of Ischemic heart disease,by established medical evidence.

Although VA holds to those dates above, perhaps something will definitely turn up in the search for the herbicide exposure documents that would help you if you in fact have an AO presumptive condition.

#4 walt

 
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Posted 21 April 2012 - 11:03 AM

About a year ago the VA extended the end date of Korean AO exposure to Aug. 31, 1971 which hopefully has helped some Korean War vets attain SC for AO.
http://www.gpo.gov/f...l/2011-1342.htm
“Thet stated in denial that if records were subsquently received claim will be reconsidered with date of claim protection. I pointed this out to them in my present claim.I guess they only got these records when I opened this claim. “

Yes that is true.

We have info here on that in topic called “Newly discovered service records.” available under a search here.

VA is firm on the AO Korean reg dates. I dont see here any AO presumptive condition but if the COPD and HBP is in your SMRs, and the panic disorder , as the C & P s do sound favorable for SC, then I don't see need to focus on the AO regs, unless the HBP was first manifestation of Ischemic heart disease,by established medical evidence.

Although VA holds to those dates above, perhaps something will definitely turn up in the search for the herbicide exposure documents that would help you if you in fact have an AO presumptive condition.

Thank you Berta.

#5 walt

 
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Posted 21 April 2012 - 11:10 AM

The "rater" makes the decision. It seems from your stated information that you should be successful.
However the VA's error rate is high enough that there is no telling. I'd say that there is at least a 30% chance that you will end up filing an appeal. On the other hand, you may have at least a 50% chance of a favorable decision. I assume that you have already filed for reconsideration, from your remarks.


Thank you Sir. What I am trying to find out is what Percentage I would get.I have applied for tdiu hoping for it if not 100 %. I reopened this claim when I was denied on the Neimer review.I still do not understand why they did it knowing I was in Korea and not Viet Nam.

#6 walt

 
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Posted 21 April 2012 - 11:18 AM

Thank you Berta.

Berta I do have prostate cancer.I know the presumptive date is 1 April 68 and I left in November of 67 But agent orange and one or two other herbicides was tested on 80 acres in nine locations in late 67.I believe I was in the covered area.I know there have been some serviced connected for this testing.I was stationed six miles South of Dmz and Tdy to it twice. Just not sure about time frame.Depends on what they find in archives I guess. Thank you very Kindly again.

#7 cooter

 
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Posted 21 April 2012 - 01:17 PM

Walt, what base were you stationed at & unit.


Coot

Edited by cooter, 21 April 2012 - 01:19 PM.


#8 Hoppy

 
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Posted 21 April 2012 - 08:25 PM

The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time)

It appears they gave no weight to the evidence you submitted.

If a doctor wrote an opinion based on your statements of symptoms in 1979 and the 1979 medical records contain no symptoms or if the doctor failed to state that his opinion was based only on a review of the medical records in 1979, they will claim that your statements to the doctor about symptoms you claimed to have in 1979 are not supported by the facts.

Do your 1979 records actually state a diagnosis of COPD or symptoms of COPD? If yes what exactally do the 1979 reports say?

Edited by Hoppy, 21 April 2012 - 08:26 PM.


#9 walt

 
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Posted 22 April 2012 - 09:40 AM

Walt, what base were you stationed at & unit. Coot


Thank you sir. I was stationed at 2nd Medical Bn. 2nd. Infantry Division Village of pob-won-ni. (Mickey Mouse Corner) About six miles south of DMZ I think. Near RC#1 and Yong ju gol.(not sure of spelling) I wasTDY to DMZ twice. Once as ambulance support for Eng. that were building the fence across DMZ and once to a school for three weeks at Camp Sitman.acta..advanced combat training academy. Injin Scout. I do not know the dates. I arrived in Nov.66 and left in Nov. 67.Thank you Kindly. Walt

#10 walt

 
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Posted 22 April 2012 - 10:15 AM

The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time) It appears they gave no weight to the evidence you submitted. If a doctor wrote an opinion based on your statements of symptoms in 1979 and the 1979 medical records contain no symptoms or if the doctor failed to state that his opinion was based only on a review of the medical records in 1979, they will claim that your statements to the doctor about symptoms you claimed to have in 1979 are not supported by the facts. Do your 1979 records actually state a diagnosis of COPD or symptoms of COPD? If yes what exactally do the 1979 reports say?



Thank you Hoppy. Unless the Dr. on Ro request has looked at my SMR's all he used was VA treatment records because he would not look at the smr's I took to the exam.When the RO sent me for second CP exam for Panic disorder they asked him for an addendum on the copd and High Blood Pressure.Best I can find out he is a Dr.in pactice for himself and does Contract exams for VA.Specialty is Something about the Larnyx?or Pharnyx?. Here are three SMR's I have and have more when I can find them.(Not good I know) One is dated 26 Jan. 79 chest x ray report...(compare to 9-12-77) no change slight Basilar emphysemator (change Hyperlucent) otherwise WNL - Other is 31 May 79 Radiographic report..Chest:Multiple Ca??Granulomas normal size heart ,lungs clear...Third one is dated 30 Aug.83 and says ..There is a calcified nodule in the right lower lung field.
These all ,along with others are during service and were submitted with my claim.Thank you Hoppy .I will find all the others from during service and let you know.God Bless you and everyone else for helping others. Walt