ptsd File For Cue?

[ollieee6]

Greetings, I hope that this post finds everyone in high spirits.

Background:

2007- Rated 10% for PTSD

2010- Increased to 30% PTSD.

I currently have a reconsideration claim which is currently at the rating board for an increase in benefits. I receive SSA for my service-connected PTSD, have numerous documents from my VA shrink, stating my disability is severe, and IS the reason im not working, I have submitted this evidence twice, so I'm hoping third times a charm.

I recently received my C-file for the first time, and I never understood why I had been rated so low, when all the evidence was severe, letters from Senators, and Representatives on my behalf, my SSA award letter( but it never stated what my disability was, I contacted SSA and they added the reason being PTSD). All submitted to VA. In reviewing my C-file, I noticed my initial C & P exam (2007) had many errors and wrong information recorded.

All medical evidence was submitted to the VA in 2007, and my diagnosis of PTSD and Bi Polar were also submitted PRIOR to my C & P 2007. I will post some of the questions and responses recorded by the Psychologist.

C & P #1 2007

1. Where there one or more hospitalizations for a mental condition? NO

**I was admitted in 2004 for Personality Disorder/Adjustment disorder as diognoised by VA, spent a week on lockdown, which was recorded in VA file.

2. Legal History? No

** Arrested in 2006 for theft, homeless, and no money for food. (All noted in statement in support of claim sent to Va & referenced to VA by my Senator)

3. Does the patient have panic attacks? NO

** I have severe panic attacks, documented by my VA shrink, emails to my Senator, ect.

4. PTSD initial mental competency:

DOES THE VET KNOW THE AMOUNT OF THEIR INITIAL BENEFIT PAYMENT? YES ** I have not EVER received benefits at this point. This was my initial C & P

DOES THE VET KNOW THE AMOUNTS OF MONTHLY BILLS? YES ** I had no bills, my sister was caring for me.

DOES THE VET PRUDENTLY HANDLE PAYMENTS? YES ** again, had not received benefits

DOES THE VET PERSONALLY HANDLE MONEY AND PAYS BILLS? YES ** had no bills/money

And the list goes on, and on....

C & P #2

Psychologist notes: Veteran is treated for Anxiety Disorder. He has a history of PTSD (per SELF report), history of Chronic Bi Polar (per SELF report)

** I have been officially diognoised since 2007 having PTSD & Bi Polar, its not a self report. diognoised by VA shrink.

what should I do?

[carlie]

The CUE lies in their failure to obtain the SSA records.

Berta,

I've really been thinking and researching on this one and can only come up with

the VA's failure to obtain the SSA records only fails to meet the duty to assist

and have not been able to find a Court or BVA case that supports this failure as a CUE.

carlie

[Berta]

I don't see this is a CUE in a final decision- I see the potential of asking them to CUE thremselves.

Obtaining federal records is a DTA reg as you said but 38 CFR 4.6 is an evidentiary regulation the VA must follow

http://law.justia.com/us/cfr/title38/38-1.0.1.1.5.html#38:1.0.1.1.5.1.96.4

What I realised is that VA must follow M21-1MR because it derives directly from 38 CFR and 38 USC.Their failure to follow any of the regs (maybe even DTA regs) during the appellate process- to me can give the claimant the right to ask them to CUE themselves.

If they have made any legal error during the appellate process- and the claimant knows it- I just think the claimant should do whatever they can think of to get the error rectified before the next decision comes.

When I got the VA to CUE itself in 2005 ,I rattled off the DRO's job description that she failed to perform to my detriment to the VSM of the VARO.

If M21-1MR tells them to get SSA records and they dont-then the legal error in my opinion is their CUE in interpretation of M21-1MR- the part about evidence ( 38 CFR 4.6) Just my opinion. One cannot Leave any stones unturned.

Edited July 5, 2010 by Berta

[ollieee6]

Thanks everyone for all the information.

Carlie-

Yes, the VA doctor states that Affective/Mood Disorder that I am awarded SSD for includes PTSD/Bi Polar, which is my SC. He clearly states that in my medical evaluation and medical verification form. PERMANENTLY unable to work due to PTSD/Chronic Bi Polar.

As far as the Personality Disorder, when I was in the service, and on the mental ward, I was diagnosed as having an Adjustment disorder. ALL case notes and findings stated Adjustment disorder. When I received my DD14, it stated reason of separation as Personality Disorder. When I was had an evaluation, the Doctor stated that it was clear I was wrongly diagnosed. ALL my symptoms were for PTSD. He was my private doctor at that time, but currently my VA doctor

I still have the email from the representative at the American Legion advising me to drop my IU claim, and focus on an increase at this time.

I have not worked since 2006

I was awarded SSD benefits May 2007, using the same information sent to VA.

*Medical Verification Form-Statement from Dr. stating my condition, and the severity of it. stated I was permanently unable to work due to the conditions.

*Va Medical Records

*Evaluation

I will be asking for a CUE, when I get the latest decision, which should be coming around the corner, HOPEFULLY

Any advise on how/ If i'm able to fight for benefits dating back to my initial claim Feb 2007.

They did note my evaluation and information, everything I submitted as evidence in their decision, but I'm SOO confused on how I was only awarded 10%. Using the SAME information, nothing more, nothing less I was increased to 30% in March.

I have watched this site, and learned so much on how to prepare and win a claim, and I followed everything to a T, and submitted my reconsideration. and hoping for the 100% I rightfully deserve