ptsd My Dic Case Hinges On Ptsd

[akwidow]

So I read along, and read along, watchng and reading, about those of you who have C&P exams, and about how when you file a claim for disability benefits, the VA makes you an appointment for a C&P to examine you and your symptoms.

Has it always been this way? When my late husband filed for PTSD in the 80's, they never scheduled him a C&P and he was denied; and when he filed in the 90's there never was one then either and he was denied. There were however, counseling records at the local vet center that the VA procured, and gave me a copy when I filed for DIC that clearly showed that he was suffering from PTSD.

Isn't their not offering him a C&P for PTSD a violation of their own rules? Did I say that right?

When he filed for PTSD in 2003, he was in the hospital for cancer, and he had his Psych C&P there at the hospital, was given a gaf of 45 and granted 50% SC.

Since there were records of diagnosis of PTSD that the VA procured from the vet center counselors even though he did not have a C&P, those records should have counted as evidence for the Veteran, shouldn't they?

I brought to VA attention in my brief in 2007 that they in fact had the counseling records, but I didn't know about the logical assignment of a C&P at each filing. I told them in my brief that they should have granted him SC based on the counseling records and diagnosis they held therein in the earlier applications for PTSD SC. Instead, they of course rubber stamp denied him and he didn't know how to fight, nor did he involve me in the process.

Is the fact that I accused them of CUE in so many words in my brief, -will it have any bearing on my claim for DIC? I basically told them that he should have been PTSD rated, and should have had a higher rating many years ago. In fact, the ten year rule has some relevance if they grant earlier connection.

Will the fact that I CUE'd them in my brief cause them to pay attention to their errors on earlier rulings? The diagnosis of PTSD existed in the counseling records at the time of denials in earlier years....

I want to add that he also filed for AO in 2003, for which I later (5 years later) found symptoms of DMII and heart issues in his SMR's which you of course know are secondary AO ailments. If I am understanding what I read this is a clear case of 1151 undiagnosed illness. He was denied at the time, and then he died, and it has taken me years to understand the ramifications of what I can do to ressurect the AO claim.

It is just killing me that I do not have a copy of his C-file, but I have held off in asking for one after reading the advice of the elders here. In fact, I didn't even know I could have one until I found Hadit. Our DIC case is at AMC after a denial, denial, and remand at CAVC in Sept 2007. Should I ask for the C-file and maybe shake the tree and get an apple to drop on somebody's head? At least then human fingers will touch the file..... B) maybe I can ask my MOPH rep to get me a copy? Is that possible?

Thanks so much for all the help here,

Akwidow

Edited October 7, 2009 by akwidow

[akwidow]

I failed to mention one other point I have been thinking about...which is how, other than providing new and material evidence, how does a veteran's survivor proceed with a claim denied after the death of the vet? Is finding and pointing out CUE the only other way?

Thanks to all,

Akwidow

[carlie]

ak,

I hope others will chime in on this topic for you.

[akwidow]

Thanks Carlie, and congratulations on your second emergency accident kit! B)

I did figure something out since I started this topic. Thanks to WIngs and Hoppy, I realized that the 2003 AO claim that my late husband filed and was denied in 2003 was done with no C&P being performed...which I was shown viololates VCAA. Since I found undiagnosed DMII and heart trouble in his VA med records, I plan on filing a 1151 which includes the violation of the VCAA by the VA.

I still have those other questions though in my original post, and hope someone smarter than me about these issues can point me in the right direction to getting the answers I need to proceed.

Thanks,

Akwidow

[Pete53]

akwidow:

We trudge and labor to make sense of this and finally someone turns the light on for us.

Good Luck

I think that you have found your way.

[carlie]

ak,

Berta would probably be your best bet on these issues.

I hope she chimes in.

carlie

[Philip Rogers]

You could certainly argue the no C&P thing and since he had a Vet Ctr diagnosis, I think you could win. Back in the '80s things were different, tho. jmo

pr

quote name='akwidow' date='Oct 6 2009, 09:07 PM' post='169613']

So I read along, and read along, watchng and reading, about those of you who have C&P exams, and about how when you file a claim for disability benefits, the VA makes you an appointment for a C&P to examine you and your symptoms.

Has it always been this way? When my late husband filed for PTSD in the 80's, they never scheduled him a C&P and he was denied; and when he filed in the 90's there never was one then either and he was denied. There were however, counseling records at the local vet center that the VA procured, and gave me a copy when I filed for DIC that clearly showed that he was suffering from PTSD.

Isn't their not offering him a C&P for PTSD a violation of their own rules? Did I say that right?

When he filed for PTSD in 2003, he was in the hospital for cancer, and he had his Psych C&P there at the hospital, was given a gaf of 45 and granted 50% SC.

Since there were records of diagnosis of PTSD that the VA procured from the vet center counselors even though he did not have a C&P, those records should have counted as evidence for the Veteran, shouldn't they?

I brought to VA attention in my brief in 2007 that they in fact had the counseling records, but I didn't know about the logical assignment of a C&P at each filing. I told them in my brief that they should have granted him SC based on the counseling records and diagnosis they held therein in the earlier applications for PTSD SC. Instead, they of course rubber stamp denied him and he didn't know how to fight, nor did he involve me in the process.

Is the fact that I accused them of CUE in so many words in my brief, -will it have any bearing on my claim for DIC? I basically told them that he should have been PTSD rated, and should have had a higher rating many years ago. In fact, the ten year rule has some relevance if they grant earlier connection.

Will the fact that I CUE'd them in my brief cause them to pay attention to their errors on earlier rulings? The diagnosis of PTSD existed in the counseling records at the time of denials in earlier years....

I want to add that he also filed for AO in 2003, for which I later (5 years later) found symptoms of DMII and heart issues in his SMR's which you of course know are secondary AO ailments. If I am understanding what I read this is a clear case of 1151 undiagnosed illness. He was denied at the time, and then he died, and it has taken me years to understand the ramifications of what I can do to ressurect the AO claim.

It is just killing me that I do not have a copy of his C-file, but I have held off in asking for one after reading the advice of the elders here. In fact, I didn't even know I could have one until I found Hadit. Our DIC case is at AMC after a denial, denial, and remand at CAVC in Sept 2007. Should I ask for the C-file and maybe shake the tree and get an apple to drop on somebody's head? At least then human fingers will touch the file..... B) maybe I can ask my MOPH rep to get me a copy? Is that possible?

Thanks so much for all the help here,

Akwidow