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Hi All and again thank you to all of you for all that that do!! Here is the sitrep. Put in claim for PTSD & Hearing loss in March 2009, by March of 2010 I was awarded 70% PTSD, 10% Tinnitus and 10% Hearing loss; within the text of the award is reference to my abilities to maintain employment due to my PTSD and they recommended I file a claim for TDIU which I did. Everything was fine, we received the 12 months retro and the monthly stipends starting going into the bank account. Then we moved to Colorado so we could be closer to our two Sons' and their families. All was good. Pending claims all transfered from Battle Creek to Denver. Next thing i know I receive a notice in the mail from the RO in Denver telling me they propose to rate me as incompetent with all of the little do's and don"ts that go with it. Supposedly the shrink I was seeing in BC input that in his opinion I am incompetent and not able to manage my financial affairs to begin with and then all of the loss of rights. My TDIU claim is still processing so I sent the NOD to them certified delivery return receipt requested. Now I have to see if the Dr here will reveiw that data and enter his opinion which we have discussed with my wife present and part of the conversation. Sorry about the long post but I'm STUCK!!!! All advise very much welcome and appreciated.

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It seems that you are doing the only thing you can do and that is getting another mental health opinion.

Edited by pete992

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Personally, I would think he would do well to obtain full copies of all his records and go over them with a fine tooth comb. I have not had a mental, though it was close, (my rating is solely based on physical) but I know more than once what I saw and heard said and done in the exam room wasn't exactly (or occasionally even remotely!) what went into the record of that visit.

Secondly, and someone with a background of experience with mental health treatment might want to double check mo on this, seek an IMO- Independent Medical Opinion. Get a diagnosis from somebody retained by you (or your spouse) and having no obligation or interest in how VA might feel about your condition. Being independently obtained, you also have the option of whether or not you want to show it to anyone at VA. (I am assuming you aren't in as bad shape as claimed though should the IMO agree with the prior diagnosis, you might consider the implications carefully)

Another thing would be to do some serious personal research into just what all can get you such diagnoses. Personally, I don't have a lot of faith in shrinks. Who knows what otherwise seemingly innocent mannerism or remark could have brought that down upon you.

Good luck!

Edited by Jayg

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He can ask for a copy of his VAMC mental health records but not his C-file at this time. If he ask for a copy of his C-file at this time it could delay in his decision. Since he has recently moved the only thing that he can do is get re-established in to the new VAMC mental health clinic and go from there. He is already doing that so it would depend on what the new doctor would say about his condition.

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Hi All and thanks again for the input. Have next appt with shrink on the 13th and plan to have this discussion with him. Only my 3rd visit with him but he seems ok although I don't trust him or any of them to any extent what-so-ever. He told me last visit he has rated my GAF @ 45 for the prevoius sessions. I'm closing in on 70 yrs old and want this this settled once and for all so I can live out the rest of my life in peace and quiet with my wife and family. Not too much to ask for considering what those of us with the 03 MOS went through in that meat grinder in 65 & 66; just like any of the combat vets from all branches of service in any war or conflict authorized by the President or the Congress of the United States. What really pushes my button on this whole thing is the VARO sent me correspondence suggesting I do so for my benefit!! Just glad I'm throughly medicated but you can bet I'll shut that off a day before the upcoming 2nd C&P for PTSD and 1st for TDIU; I'm sure the same Dr. will do both. Anyway, thanks again for the support, it is much appreciated. Hope all is well with everyone and will post outcome of C&P's.

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