I believe a veteran only needs to meet 3 diagnostic criteria? not all 5
so I agree with Ms berta All diagnostic criteria has to be met is B.S.
BUT I'M GOING WITH THE 2010 CHANGE.
I would think the new regulations on PTSD would be grandfather in. IF SO then the EED would start in 2O10.\here is a link o the new 2010 update PTSD Regulations, be sure and read all the way down and check out the last line in #12...so I don't think a CUE can be beneficial here?
The PTSD C & P exam of 2015 clearly indicates you had PTSD, when they denied in 2009.
VA had knowledge of your receipt of the CAR then, and also the recent exam states that the TBI was a stressor.
You certainly fell into the 2010 PTSD regulations.But they were not out yet in 2009.
The 2009 denial for PTSD clearly states:
“This award verifies an inservice stressor occurred which is one of the requirements for a grant of service connection.”
But then it states:
“A diagnosis of post-traumatic stress disorder must meet all diagnostic criteria as stated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. The evidence does not show a confirmed diagnosis of posttraumatic stress disorder which would permit a finding of service connection. “
ALL diagnostic criteria? I think that is BS……
I need to find the DSM for 2009.
That can’t be right.
I sure hope others chime in on this.
The C & P examiner in 2015 gave you good evidence in their statement, for a better EED.
I do think a NOD should be filed but maybe there is a way to file a CUE claim on the older decision, as well as NOD on the 2015 decision..
As for Dr. Gail Poyner, I was convinced she did my initial C&P exam, but after receiving my C-File, I learned it was from a Dr. Rosco. I'm not sure if I saw her during another visit or if they just look alike. Sorry for that bit of erroneous information.