LongTooth

I'm closing this thread down. No need to check in. I wont be here.

And denied for PTSD yet again. WTF is wrong with this organization...

The question I have about aggravation as opposed to direct culpability for my illness is If I go that route what happens to my claim? Do I have to file a new claim and lose the time, effort and substantial backpay that I've clawed this far for? Aggravation at this point seems like the government avoiding responsibility for what was deliberately done to me and I'm not cool with that at all. I have an IMO appointment Jan 8th with a PTSD specialist with 22 years experience. I've researched the IMO angle and between myself and my attorney I'm sure we can get him to commit the exact wording needed for a victory. Or, to put it another way, for 1200+ USD he had better get it correct.

yeah, that's the rational argument. And it's the one I keep telling myself in my frequent moments of doubt. But then if that where true, why didn't the first quack figure that out?

Just an update. I had my second C&P for PTSD today. It went for about an hour, and was also more emotionally exhausting than the first one. I felt like a lot more ground got covered and I was able to clarify the previous bullshit. I still think that because I have childhood trauma in my past their still going to try and pin NPD on me. I hope not.

And so today while I'm emailing the doctor to get a date setup for my IMO appointment. The VA calls to schedule another C&P exam...when it rains it pours...

Also, I talked to my gf about this, I'm going to go ahead and get an IMO as well. I figure it can't hurt at this stage. It will either corroborate the new C&P and add weight. Or it will contradict the new report, yet since it's written by a 22 year PTSD specialist I'm hoping it will have more weight.

Better yet, how many people know how to spot a CUE in the first place in order to be able to call the VA out on it? Not very many. So yeah, I imagine that there has to be more people out there than just me, bitching about their Fraud C&P's. I did call the WH Hotline a few times over my case, so I'm assuming there are some teeth there. I talked to the C&P Supervisor twice. The first time he suggested to me that that's what the Appeals process is for. The second time he called me after I called washington he called to assure me his dept had done everything correctly. So I get a call yesterday from somebody else telling me nope it wasn't done correctly, standby. I guess at this point I'm confused. There is supposed to be a process, and while I'm grateful for this second bite at the apple, it seems process isn't being followed.

So an update. I received a denial letter for PTSD, as I knew I would based off my C&P exam results. Apparently I've bitched to the correct people. I received a call from somebody at the local regional office. The pleasant gentleman seemed to be informed and noted that I had called Washington and would be scheduled for another C&P Exam... At this point I'm like...wtf?!?!?!

I gave that a read through and maybe about the only thing that comes close that I could find would be under: (4)Conformity with signs and emergency conditions. The head of the facility, or designee, shall have authority to post signs of a prohibitory and directory nature. Persons, in and on property, shall comply with such signs of a prohibitory or directory nature, and during emergencies, with the direction of police authorities and other authorized officials. Tampering with, destruction, marring, or removal of such posted signs is prohibited. what I take that to mean is that the facility administrator can have signs posted that say "No firearms allowed" or "No cell phones allowed" in as many obvious places as they feel necessary. The problem with this is at the bottom of 38 CFR 1.218 which states: (3) Nothing contained in the rules and regulations set forth in paragraph (a) of this section shall be construed to abrogate any other Federal laws or regulations, including assimilated offenses under 18 U.S.C. 13, or any State or local laws and regulations applicable to the area in which the property is situated. What this tells me is that, absent a valid Chevron deference argument, A posted sign that tells me I can't do something I have a lawful right to do, in accordance with the regulations set forth by a different statute, is invalid. From my quick read through of the Chevron Deference Doctrine (CDD from now on) as Justice Stevens wrote in Chevron, when the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s action was based on a permissible construction of the statute. "https://www.law.cornell.edu/wex/chevron_deference" The problem I find with the CDD argument in this case is that the statute in question is neither silent nor ambiguous. 2(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. "https://www.law.cornell.edu/uscode/text/18/2511" It appears to me, at least, that under federal law I as a citizen have the right to record any conversation that I am a party to. Should you record should you not record...Well if I found out you where recording me I'd probably be upset I'd probably also let you record if we where conducting business in a professional capacity. It helps keep things above board in my opinion. Your entire claim is documented to some degree from start to finish. With official forms and audio recordings of hearings when needed. If an audio record is needed to keep the issues and facts straight and correct in a hearing about your case. Why is it not valid to accept audio recording as a legitimate tool in the conduct of a C&P exam? The problem with the current system is that if you get a "less than honest" examiner the only thing you have out of the process is an official document that is created and controlled by the "less than honest" examiner. Yes you can appeal and file NOD's the point I'm trying to make is you shouldn't really have to or if you do have to you should be able to walk in with a recording proving your version of events to a DRO or Judge. I'm in the middle of a claim, which is to say, I'm in the middle of a fight. A battle. A war. I'm not here to care one way or the other if the person examining me is offended because I don't trust them enough to not record them. Why would I trust somebody I just met and will never see again? That makes no sense to me. If it takes a recording to catch a doctor doctoring my report then why wouldn't I do that? Otherwise the only thing I have to show now is a botched C&P and the need to spend 1200 bucks that I don't have refuting an obvious hack job and now potentially years more cooling my heels. A recording might have prevented all that. The choice for me, going forward, is perfectly clear. Again, I'm not here to be confrontational. I'm just trying to put out good information backed up by statute and personal experience.

I am aware of what's needed and I don't mean to come off as an xxxxxxx. What I'm trying to convey is the fact that if a doctor doesn't want to SC you for WHATEVER reason. Then it falls on you to protect yourself. Since we can't tell beforehand whether or not we're going to get some asshat for a Dr. then common sense tells me it's better to be safe than sorry. If the law tells me I can record. I'm going to record. They can try and make things difficult for you all they want, you have the law on your side. With the proliferation of recording devices in all shapes and sizes the likelyhood of being detected recording your exam is negligible anyways. In the event the device is discovered by the doctor during the course of the exam he can do nothing about it anyways. If it makes the doctor uncomfortable enough to stop the exam then that's on them and you should have recourse. I will say this also. When it's the word of a 30 year psychologist against the word of a psycho nutjob, absent a recording of the disputed conversation, who would you believe?

I'm gonna say this. I kept my cool in my C&P exam and I had my gf in there with me. Half the stuff I told this guy never made it into the report. The other half of the stuff I told this guy was completely twisted around as to be unrecognizable. The only way I can see fighting this quack doctor is with an actual recording of the exam. I filed a claim because I'm screwed up. Not so I could blow some doctor for a favorable review of my disability. In my opinion, and I'm pretty sure I'm correct. If federal/state law says you can record. The VA can say no until their blue in the face and it doesn't matter. Handwritten notes, while nice and all. Do not carry the weight and truth of an actual recording. Recording a C&P exam is really the only way to protect yourself from an unscrupulous examiner. In the future any and all dealings I have with the VA will be recorded. That includes C&P exams.

While I didn't dig around looking for the specific VA policy prohibiting the recording of a C&P exam. I did go digging around for the federal statute on 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited. Section 2(d) is interesting. The link is "https://www.law.cornell.edu/uscode/text/18/2511". Now, I'm not a lawyer, just some poor schmuck caught in the system. It seems to me that federal law supercedes agency policy on any given sunday. I will say this. I wish to holy xxxx I had recorded my C&P exam. Lesson, at least for me, learned. I'm sure one of the more knowledgeable folk will chime in with a better answer.

Here's my concern over this whole matter. Your doctor stated you don't have MDD yet he's treating you for it and I assume medicating you for that condition. If he knows you don't have what he's treating you for then that's malpractice in my mind and probably actionable. I also got shot down for PTSD by my quack C&P examiner. It seems to be a common theme. You get screwed by your branch of service and then you get screwed by the VA. Glad to see Class Action suits will be a thing in the near future to finally stop this idiocy and force government doctors to either do the right thing or be held accountable. Also forgot to add C&P doc gave me a PD diagnosis as well after a 20 minute smoke show.

As somebody who's filing a claim for PTSD over some embarrassing shit. I can assure you, you will find support if you look for it. You may not find it under every rock you turn over but eventually, if your persistent, you will amass a great store of it. I hope you achieve success in your claim.