SCAATY

Denied, denied, denied, ain't that a b#*$h. Not surprised but really disgusted with the whole process. 22 months I waited for the VA to make a decision and for what. I expected a denial, based on the last C&P exam for PTSD, but it was still a real let down. I hoped that there were "RESONABLE MINDS" working at the VA that would see the mistakes made by the examiner, but I was wrong. You could slap these people upside the head with credable evidence and they would still find a way to deny. I feel like a fool. I wish I would have kept what happened too me to myself. Right now I don't want anything to do with the VA. Tomorrow is a new day, and I will fight on I guess.

My claim was completed today according to ebenefits, but no AB8 letter, that's not good. Just going to have to what for the decision letter and go from there.

My claim went to Prep for Notification today this morning. Keeping my fingers crossed. I could really use some good news right now. Woke up this morning to my neigblors being evicted and i'm close to that point myself. Is anyone else having trouble logging on to ebenefits this morning. I was able to log on once this morning, but when I tried to log in a little while ago I get some goofy log in page.

I love ebenefits because it gives me a good laugh. Tuesday I faxed in the lien notice and eviction notice to the Reno VARO. The Reno RO is really good at getting documents uploaded into the system because everytime I send them something it shows up on ebenefits within a few days. With the lien and eviction notices I also attached a Statement in Support of Claim requesting the VA expidite my claim due to financial hardship. So, what does the VA do? On the claims summary page of ebenefits they change the estimated completion date. Yep, they pushed the estimated completion date out another by a month. Too funny! I'm glad I take everything I see on ebenefits with a grain of salt. Again, WHAT A JOKE!

I wonder how much time and money the VA will waste today explaining the latest ebenefits update. Then there are the VSO's that will be getting bombarded with calls by concerned veterans that check their status on ebenifits and see the garbage that is on there this morning. seems to me everyone is getting the same type of information that they got in the last ebenifits update only in a different format. What I find most disturbing are the expected completion dates. My expected completion dates this time are between 12/23/2012 and 5/23/2012. Now, I know not to put my faith in any date that the VA gives me on completion, but the fact of the matter is I can see these dates as being accurate as my claim is already at 22 months. Last week I was told that the average time for processing in the preperation for decision phase, at the Reno VARO, was 120 days. Then there is the BVA's decision search website that has been down for months. I firmly believe that this site was deliberatly taken down because veterans were using it to assist them in their own claims. If they can screw up the ebenefits website over night they can get the BVA search website up in the 2 or 3 months that it has been down. I believe there are a lot of VA employees that are doing their jobs and truely care, but their is, what I believe to be, a level of incompetince in leadership at the VA that is not seen in any other governmental agency. WHAT A JOKE!

Thanks Bigred. I think Dr. Bash is going to be the way I go. Heard nothing but god things about him.

I think it is time to consider an IMO but I can't seem to find one in Reno, NV. Does anyone know a doctor in the reno area that will do an IMO for mental/PTSD? I've begun to write up a statement regarding the C&P exam I had for PTSD but I think the best thing for me to do is get an IMO. Thanks

I think what ticked me off the most is that when she asked why it took so long for me to tell anyone about the rape. When I begain to explain that my son had been molested for years by a friend of his mother she asked if "my father had molested me," and when I answered no she replied "well, that usually runs in families." That is one of the main reasons I never told anyoine. I don't have a degree in psychology but I was a volunteer on the crisis line here in Reno. I was very good at it and after only a few weeks they put me on the payroll. They had a special team that dealt with rape victims and they wanted me to be on that team, but I didn't do it because I don't think I could have delt with it. Anyway, my point being that several times in the report she states "response style suggest a pathology greatly exagerated by a pyschologically naive person." I've decided to send in a brief statement regaurding her completely inappropriate coment about molesting running in families, and point out two or three of the more serious inaccuracies. I am also going to put in the fact that the doctor that was going to do the exam went home due to illness, she had only just recieved my c-file, and had not had a chance to review it prior to the exam. Last year I had a c&p exam for my back and it was the same thing. My c-file was at another building and we had to wait until a courier to bring the file to her. Two out of four c&p exams I have had were conducted by individuals that had not reviewed my c-file prior to cunducting the exam. If that's not good grounds for an "inadequate exam" I don't know what is. Ethan's grandma and John999 I will fight on.

Carlie, Yes, she is a C&P pyschiatrist. As for way my attorney wants to see the report, my mental health problems have caused a great deal of problems when I have had to face a judge, and this exam is the most current. It's a long story but both my attorney and I felt it would be best if we reviewed the results of the C&P exam before filing any motions with the court. I recieved a copy of the exam yesterday and I decided this morning to contact a VSO for some advice. At this point, I am not sure if I should send the VA a statement regarding the C&P exam or wait for a decision on my claim. Last year I had a mental health C&P and that exam found that I did have PTSD, bipolar disorder, and major depression, and that it was realated to the depresion that was diagnosed in-service. That doctor also noted total social and occupational impairment. Seems to me two conflicting C&P exam would fall in favor of the veteran.

Picked up a copy of my C&P today and it's a joke. I knew it went bad but I didn't think it went this bad. I lied and all my problems are do to... any guesses? Drum roll please!!! BORDERLINE PERSONALITY DISORDER. According to the examineer I was never raped, and what happened to me at SERE school was not enough to justify a diagnosis of PTSD. She actually wrote the following. "The veteran could not give me any motive for the rape, and had no idea what happened to the woman that set him up." How the heck am I suppose to know what their motivation was or what happened to the (insert profanity) that set me up. I'm sorry but I didn't stay in touch with these people. 22 pages of garbage just like that. 30+ years I kept this to myself because I feared being called a lier. Man, this is going to take some time to digest. Frustrating because I have been doing so much better the last few months, and because I went into the C&P exam feeling better about life it goes against me. I know I should send in a statement regarding this report but I don't know if I can fight the VA anymore. I think it's time to find a lawyer and just let them handle the whole thing. I'm just plain disgusted!

Carlie, Yep, she gave me her card, told me it would take about a week to write up the report, and to call if I had anymore information for her, or if I had any other people for her to talk to. I don't think the exam went very well for me. The doc that was suppose to do the exam went home sick that morning and she had only received my file about 5 minutes before the exam. I wish they had done the exam before I had went into the hospital in April because she would have seen me at my worst. I went into this exam really not wanting to drag up the past because I just started feeling better. Oh well, I would rather feel better. I sometimes think I would have been better off never having filed the PTSD claim because it made me so depressed. I'm going to have to call her today and see what is going on because my attorney wants to see a copy before she files a motion to move out of state with the court regarding my daughter. My ex is dealing and using meth, and has had no contact with my 10 year old daughter in over two months. Gotta do a little bragging about my daughter here. Moved in with me full time last October, and has made the honer roll both trimesters. Too cool! She's my rock. Gotta run. Kids want sausage and eggs.

I watched the thing 'cuz I needed a good laugh. Here's what caught my ear. All the Adjent Ornge claims have been completed, according to the undersecretary. According to her these claims was taking some 30%+ of her manpower. This week that manpower should be shifted back to the rest of the backlog. This means this next week we should see a substantial decress in the backlog reflected in the Monday Morning Reports. I know that's just wishful thinking. I think Congressman Filner should keep a watchful eye on these reports. JMHO

Had my initial PTSD on the 1st and doctor told me that should would have it completed by the 8th. I called her on the 12th and she said something to the effect that she sent my file off for a diagnosis. I wonder if this means she sent it off for an IME. I have had so many different dx's over the years, I know it's standard practace for the VA to try and reconcile the different dx's, but I thought that would be down by her. Any ideas?

Carlie, it wouldn't let me do an attachment. Sorry if this to long for a forum post. The following is the VA’s “Reasons and Basis” section from my 1994 claim denial regarding my claim for depression: 1. SMR”S show that in October 1985, the veteran was seen for a possible with alcohol abuse. He was hospitalized from 2/21/86 to 2/25/86. The veteran provided a history of using alcohol and various drugs prior to entering service, and having been in a juvenile home because of not attending school prior to service. The veteran expressed a desire to attend alcohol rehab. When discharged on 2/25/86, the diagnoses were adjustment disorder with mixed emotion and mixed personality. Medical evidence after discharge from service begins in 5/93. Private outpatient treatment records between May and Sept. ‘93, refer to major depression. A request for outpatient treatment records ‘87 to the present (1993), resulted in a response from the Dept. of VA Medical Center that there were no treatment records from 1987 to Nov. 1993. The veteran was hospitalized from 9/2/93 to 9/10/93, with a diagnosis of major depression. Rehospitalized from 9/10/93 to 9/22, with a diagnosis major depression and probable personality disorder. Hospitalized at hospitalized at the VAMC Sepulveda from 9/22/93 to 10/7/93, with diagnosis of depression and mixed personality disorder. Admission report from 10/12/93, shows an admitting diagnosis of overdose of medication with chief complaint of suicide attempt. The veteran was rehospitalized at VAMC Sepulveda from 10/14/93 to 10/20/93, with a diagnosis of major depression. Service connection for major depression is denied. The veteran was not treated for depression in service with the only psychiatric diagnosis being adjustment disorder with mixed emotions. The diagnosis was being made while the veteran was being evaluated for alcohol rehab. There is no evidence of a chronic neurosis or psychosis in service and there is no evidence of treatment for a psychiatric condition after discharge from service until 1993, approximately six years after discharge from service. With no evidence of a chronic psychiatric condition in service, there is no legal basis to establish service connection for major depression. 2. As noted above, a diagnosis of mixed personality disorder was made in service 2/86. The condition of personality disorder was also made in 1993. Service connection for personality disorder is denied since it is considered a constitutional or developmental abnormality and not a disability under the law for which compensation is payable. On the cover page of that decision it list the following claims: alcohol rehab; depression; and a nervous condition. I assume that the nervous condition they are referring to is the personality disorder. Here are the faults in this decision as I see it: 1. On my entrance exam I checked the box that said that I used drugs. This box contains every drug possible, but the only illegal drug I used was pot, prior to service. This was an occasional thing and I never turned up a positive drug test prior to or during service. They are also correct in stating that I used alcohol prior to service, but, again, it was only occasional. I understand what they are trying to prove a preexisting personality disorder. 2. I never spent any time in a juvenile home as a child. On my enlistment papers I stated that I was picked up for a curfew violation. At the time I was not attending high school and working the graveyard shift at a full time job. I was driving my girlfriend home and was stopped by a cop and taken to the juvenile detention center, where my mom picked me up a couple of hours later. There was arrest only a ticket for curfew violation. 3. As I stated in the post you reviewed, the discharge summary from alcohol rehab, a month post psychiatric admission, has a final DX of: Alcohol abuse, episodic, with psychological dependence (alcoholism, early, episodic). Adjustment reaction with depressed features, resolved. A month later I had a flight physical and I checked the box on SF-93 for depression and excessive worry. The flight surgeon also checked the abnormal psychiatric box on SF-88 for the same physical. This was the same on the following 2 physicals to include my discharge physical. 4. I reviewed my SMR’s and also found the following entries that were never mentioned in the 1994 decision: 10/24/85 to 10/27/85, I was hospitalized for what was originally diagnosed as a heart attack because of an elevated CPK of 890. (I also claimed a heart condition in my 1994 claim and was denied.) The discharge diagnosis was muscle breakdown, elevated CPK, resolved and chronic alcohol abuse. They attributed it to stress from the 3rd DUI I had a week before. There was also 3-4 times (I have dates just to lazy to look them up right now) that I was seen for unexplained rashes that were question to be a result of nerves or stress. Here is one that just blows my mind, the discharge summary from 10/7/93 VAMC Sepulveda under the Personnel History section is a exact copy, word for word, from my discharge summary of 2/25/86. My ex-wife must have provided my shrink with a copy of the 1985 discharge summary. Almost all of the hospital notes during the 9/22 - 10/7/93 only show depression and bipolar as possible diagnosis, yet the discharge summary shows Axis I: depression and adjustment disorder with mixed features; Axis II: borderline personality disorder. The 10/20/93 discharge summary list Axis I: major depression; Axis II: will need to rule out as an outpatient the possibility of an organic personality disorder. This was not the same shrink then I had before. This shrink later dropped any mention of personality disorder and stuck with major depression. From there I went to the VA outpatient clinic in Santa Barbara. Here they diagnosed me with Axis I: major depression and bipolar disorder, and no Axis II diagnoses. These records are nowhere to be found and from what I can tell the VA never requested, as well as about 6 other private physician that I provided the VA with authorization for release of information. There is no mention, in the over 500 pages of records I have, of a personality disorder again until 2004. This shrink I saw one time and we discussed a possible personality disorder. They used this shrinks opinion as the basis to deny the 2005 claim. In his one appointment with me he stated that bipolar disorder may not be the best diagnosis for me and that there may be a possible Axis II diagnosis of a personality disorder instead. Here is what I believe are the basis for CUE. There is no mention in the 1994 claim that the claim was not well grounded, so I don’t think that is an issue. Well grounded is the first thing that must be met, and was the first thing I looked into. There is significant evidence in my SMR’s that doesn’t seem to have every been considered. That evidence, in my opinion, is so significant that it would have, at the very least, triggered the duty to assist, and the VA should have requested a C&P exam to reconcile the different diagnoses. Instead, they used the discharge summary from 10/7/93 as the exam for ratings purposes. I consider this to be an inadequate exam as the examiner did not review all of my SMR’s. I didn’t file a claim for benefits until after this exam; therefore, the doctor would have had no reason to review my SMR’s. They should have attempted to obtain relevant records but didn’t. Especially my VA Santa Barbara records, the whole heightened duty to assist in obtaining records in the custody of the VA. The VA was neglectful in it’s duties. The 2005 decision was just as bad, if not worse, because of the VCAA rules. Had the VA reviewed all of the evidence they had it would be appropriate to provide a C&P exam to reconcile the various diagnoses. I had no reason to provide the VA with authorizations for medical records in this claim because I had no idea that the VA made no attempt to obtain the evidence in 1994. I could go on but I would think this would be sufficient for you to see where I am headed with my CUE claim. Reasonable person, preponderance of evidence, clear and convincing, duty to assist, probative evidence, equal to or outweighs, due process, broadest interpretation, and benefit of the doubt, and I realize that cannot be the basis for CUE, but it is a part of the equation. It really does me no good to site specific regulation or laws because most of them have changed over the years. Carlie I get where you are coming from with 3.156© as that is one of the first regulations I looked at. I am not sure where you are going with 3.157 though, maybe you could elaborate a little. Still, my whole CUE claim is for the 1994 decision, and I just cannot seem to locate the laws and regulations for 1993-1994. I have read 38 CFR forwards, backwards, and upside-down because I do my best thinking in this position. HA HA! I get one shot at CUE so I want to be as thorough as is possible. Personally, I think the VA proved my CUE claim when they requested the mental health C&P exam. The requestor asked the examiner to specifically address the same evidence that I believe was overlooked in the previous claims. Anyway, I am sure you get the whole picture now.

Carlie, thanks for your reply. I should have answered your question about specific 1994 laws and regs earlier, but I needed to get away from this claim for awhile. I was starting to get very obsessed with it. I have typed up what I see as the basis for CUE but it is rather long. I would like to place it in the CUE forum and get some feedback on it but I am not sure if it would be appropriate to post something 3 pages long on here. I would like to get some feedback on it, and maybe others might have gone through the same thing. You're a hadit.com elder so I ask you, oh great one, should I post it. Oh, wait a minute, I am such a dumba#$, that what attachments are for. I will post in the CUE forum.