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Dec 4 08 12:48 PM
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Dec 4 08 3:30 PM
This is from my original post which I copied from the Psych's initial diagnosis. Like I say, he just reaffirms the depression related to tinnitus in the
next 3 or 4 visits.
My question is, I have plenty of documentation for both tinnitus, and depression. On advice from my family MD, as I told him I had more than my fair share of
suicidal thoughts as there is nothing to be done for the tinnitus as I have tried masking devices in 2000, spent 6 grand for them, in 06 I saw a Psychiatrist
and at the initail visit he diagnosed the following:
Axis1: Major depression
Axis 1V: Moderate
Axis V: he left blank
And the other visits just stated Major Depression due to tinnitus as he changed meds.
I am going to type the letter from the psychologist, it's as follows:
Mr. Scott was a patient of mine during 1996, during which period I saw him for aproximately ten sessions. At that time, the was working the the New York
Board of trade, which was subsequently bought out by the Intercontinental Commodities Exchange. Mr Scott presented as a man with chronic tinnitus in
addition to depressive sysptoms and had difficulty doncentration and focusing on both reading and related work issues.
Scott - The doc is saying you PRESENT YOURSELF etc... This part in no way is providing a Medical Nexus
to connect Tinnitus to Depression. Also, this doc makes no mention that he has reviewed your SMR's.
In addition I saw him for relationship issues which were exacerbated by the annoyances and distractions that he felt as a result of the constant ringing
in his ears, which he found at time to be significcantly debilitating.
This is not a doctors Medical Opinion or Medical Rationale. This is not ANYTHING that would support your claim for compensation. This is
simply the doctor stating something you said in conversation.
He indicaated to me that during Joly of 2007 he had to leave work for physical reasons and that during August of 2007 he had arthroscopic knee surgery
addressing a medial meniscus problem.
This is nothing to support your claim.
He still reports that he has severe ringing in his ears as he had mentioned in our previous sessions.
This does nothing for your Depression Claim, it is only something you said in conversation.
You are already SC'd at 10 % for Tinnitus.
It is irrelevant as far as compensation percentage goes - how severe your Tinnitus is.
Tinnitus compensates at 10 % - NO More than that.
He was a member ot the USMC and assigned at one point to 106 Recoillesss Rifle Training, during which period he was not issued nor did he weear any hearing
protection. It is my experience, both as a psychologist and a retired infantry Ltc/Vietnam Vet, that exposure to loud noises by certain types of weapons,
even for a short period of time, may cause permanent hearing problems including tinnitus from chich Mr. Scott has a well document history.
As this doctor has not referred to reviewing your SMR's this is nothing but he said she said, it is nothing
to support your claim, zero, zip nadda. Hearing disabilities can only be evaluated by a licensed Audiologist,
for VA purposes.
The doctor states you may have hearing problems including Tinnitus and that you have a well documented history.
The doctor need to support "well documented history", with Medical Rationale, example:
In reviewing Mr. Scott's service medical records it is shown that he reported to TMC 1 on 04/11/19XX.
Objuective complaints inhclude BLAH _ BLAH _ BLAH.
Again, nothing here to support a claim for compensatio.
Mr. Scott has attempted on numerous occasions to address this tinnitus and unfortunately he did not complain about this symptomatology while he was still in
the military, as is ofte common among members of the Armed Forces.
You are already SC'd for Tinnitus - move on from this, you need Medical Evidence to connect your depression to
He reports that his ability to concentrate, read, and to focus on issues of everyday life are becoming increasingly exacerbated. He states that he was
treated at the College of New York with masking devices that did not work and that he had spent a significant amount of money ($6,000.00), attempting to
solve this issue in the tear 2000.
No Medical Evidence or support here either.
If you spent $6,000.00 for medical aids to reduce Tinnitus, all I can say is some schmuck saw you coming.
That was your bad not VA's. BTW - there isn't any REAL known cure for Tinnitus, so I suggest you don't
waste anymore of your cash on that.
Mr. Scott is presently being prescribed 4 mg Xanax a day
This doctor needs to say WHO is RXing Xanax to you - doesn't say he is.
and finds that this medication in some small way helps control his rather significant anxiety, but heis still more than amply frustrated by his inability
to have his tinnitus addressed in a way that is minimally satisfactory in regard to distractibility and increasing
Your Tinnitus has COMPLETELY been addressed by VA at 10 % compensable SC.
I have yet to see any Medical Diagnosis of Depression much less with a Nexus to Tinnitus.
This information that Mr. Scott provided me with, with regard to his exposure to weaponry while he was a member of the USMC, certainly correlates highly with
the symptoms that he reports and it is within the realm of right reason to assume that there ias a causal of relationship between his current symptomatology
and the duties that he was asked to perform while a member of the United States Armed Forces. If I can be of any further help to you in the regard, please do
not hesitate to contact me.
Again, this is NO HELP AT ALL, ZERO, ZIP, NADDA.
Scott, I hope this helps you understand the claims process a bit more.
Dec 4 08 3:47 PM
Dec 4 08 4:15 PM
"Can you please provide the regulations that
dictates "Three things are required for service connection:
1) an in-service event (illness, injury, etc),
2) a current disability, and
3) a nexus, or link, between 1 and 2."
I think that all three are not required. Is it not an either or? Either #1 or #2 & #3?"
Medical statements regarding possible Service Connection:
Is due to- 100%
More likely than not- Greater than 50%
At least as likely
as not- 50% (Benefit of doubt goes to Vet)
Not at least as likely as not- Less than 50%
Is not due to- 0%
Dec 4 08 4:49 PM
Dec 4 08 5:26 PM
Dec 4 08 8:51 PM
Dec 4 08 10:23 PM
Dec 4 08 10:31 PM
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Dec 4 08 10:54 PM
Late 69, The "D", C2, A4, Cua Viet, Camp Carroll,
Cam Lo, Dong Ha, Mai Loc, Quang Tri, FSB Nancy,
FSB Barbara, Camp Evans, Phu Bai, Chu Lai, My Lai,
Batangan Peninsula, Athletic Field, left from Hill 43 Sept 1, 1970
Dec 4 08 11:22 PM
Dec 5 08 1:30 AM
Dec 5 08 8:44 AM
Dec 5 08 1:29 PM
I saw where you state you were approved for SSDI on the first go round without an Attorney, This has little to no impact on your claim with the VA as they
have a different set of rules that evaluate all of your disabilities. That said, your botched knee surgery and other ailments could very well be enough to
put you over the top in a SSDI decision and could well be documented as a significant part of your depression within thier decision that is/will be provided
to the VA in the claims process, This could actually hinder your VA claim because they could create an impression that they are the primary contributor to
your depression.... The VA is only concerned with your Service connected conditions or conditions that are clearly defined and documented by a medical
professional as secondary to them. So unless you have clear and consise supporting medical documentation as Carlie has pointed out.... I can tell you that
secondary depression will be a difficult mountain to climb in the claims process
As a long time VA diagnosed and Service connected depression patient. I fought the battle for service connection for tinnitus in 92/93 and lost because I
didn't understand the process, I now understand where I went wrong because of this board and will eventually correct it. My whole point here is I believe
you could be best served by this board if you would just slowly absorb the vast amount of knowledge on this without taking offense.. And build a proper and
complete claim using what you have as the starting point.....
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