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LongTooth

Second Class Petty Officers
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LongTooth last won the day on August 30

LongTooth had the most liked content!

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About LongTooth

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    E-4 Petty Officer 3rd Class

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    USA
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    staying alive
  1. 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.
  2. 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?
  3. 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.
  4. 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.
  5. 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.
  6. LongTooth

    Advice please...

    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.
  7. So a small update. After the C&P "exam" and the subsequent fraud of a report, which I won't bother to post since it's highly inaccurate. It seems I'm going to have to get an IMO. I found a Dr. in my state who has agreed to take a look at things and write a report. His fee seems reasonable at 1500 and he's board certified. So I guess I wait and see. I'm sure the denial for PTSD is already wending it's way through the system. So I assume another NOD is in my immediate future.
  8. So I'm still waiting for this assholes hatchet job to post. I was told it would be up last week absolutely but so far, nothing. I've assumed at this point I will be issued a denial for PTSD and have started a search for credentialed IMO doctors with a specific focus on PTSD. So far, it would seem, most of the high end expertise, and by high end I mean people who are recognized experts, given testimony in court etc etc, are out of my price range. One doctor quoted me a price of 6500 as a retainer and 650 an hour once the retainer was used up. But, then again, this guy has been practicing for about 50 years. I may have found another guy in Florida, which sucks because I'm in CT, he's got govt work and has been in practice around 10 years and is board certified and is willing to charge me 1000. So at this point I'm still just waiting for this report to post and go from there. In the immortal words of Tom Petty. -Waiting is the hardest part-
  9. So, I had a half assed 20 minute long C&P with my gf in the room. After asking a few basic DBQ questions he stops typing while I go into what happened. My gf chimes in every now and then on stuff I've forgotten. Never went into how this stuff affects me. Never got into history of heroin usage. Never into my incarceration. The guy then informs me I don't have PTSD because I don't meet the "fear of military hostility" criteria. I'm floored right now. I can't even begin to describe just how hopeless I feel. It sucks when your fears are realized despite peoples assurances. Who to trust now?
  10. Yeah I'm trying and I'll make it through. I'm too stubborn to do anything else really. My Attorney is pretty optimistic about things so in 2 days I can put this phase behind me. At this point I should be made of diamonds
  11. So I just got a call from my Attorney and she seems pretty optimistic about my exam on Monday which is good. The severe pressure of the last 6 days is unreal. Like others on the threads in this forum the anxiety has been ramping up so bad I'm hitting chest pain territory. She says my case is extremely well documented and that basically this should just be a formality. I guess that helps I dunno. I'm medicating far more than usual which is financially problematic. I feel like I'm back in a hallway with all my shit packed in a bag leaning up against the wall waiting for the order to move out. I just want it to end.
  12. There are a couple of things I do when my anxiety is ramping up into chest pain territory, yeah I get it bad too. I do live in a medical cannabis state so it helps I can toke a bowl of high grade indica to calm myself down. I also dive into video games that don't require a large time/money investment. I call them time wasters because their good for small blocks of time where you need to put yourself on auto pilot and chill. There are plenty of genres out there and they can be as complex or as simple as you like. I also like to doodle around on my guitar. Without knowing your financial situation cheap plug and play home guitar recording direct to pc is also a nice outlet. Let me know if you want to talk further I can point you in some directions.
  13. Yes it is absolutely great news indeed. Not only are things moving along, albeit slowly, but I feel, for the first time that the end is potentially in sight. I honestly cannot see this lasting longer than the end of the year. So for the first time cautious optimism. The next item on the list to worry about is the exam itself, followed by the raters decision and possible NOD. I'm holding my breath that I don't have to appeal any higher. So far my ducks are in a row, but like anything if you over extend you run the risk of collapse. Believe me I'd prefer to be anywhere but here. I hate the fact that I'm dealing with the VA. I hate the fact that I have to overcome mental deficiencies to combat a government agency that should damned well know better. I'm dealing with some pretty severe anxiety right now. It happens when a target date appears on the horizon. Things ramp up in my head and the dynamo starts spinning up. Since the date is so suddenly close with little advanced warning, things tend to ratchet up exponentially. The term I like to use is "zero to hero" So I get to wonder for the next 9 days if I'm walking into a quacks office. Will I be able to understand this person. Will I be able to cut through the bullshit and discern true intent. Is this person even the correct person to conduct the exam. Am I going to get screwed because this guy wants to save the government some cash. Things of that nature. I've seen the rating schedule I know where I fit. I've also seen the DSM-4/DSM-5 criteria for PTSD and I know that's what I have. I don't want to walk into an exam and be made a mockery of or insulted. I've been down those roads and their not fun. I was thinking of taking some pictures of my room and living area. To show how badly my mental health affects my daily living. I also need to come up with a list of symptomology and occurance rates. So much still to do it seems to hit the goal. Still so much uncertainty. I try to remain confident. It's hard, especially when you're wide awake at 3am filled with doubt and uncertainty. Maybe things will go smoothly from here on out. If the history of my claim is any indication I doubt it. More likely I will have to continue to fight and claw for every inch I gain. But hey, that's what soldiers do.
  14. I had started with the DAV and they almost screwed me up royally so I replaced them with a veterans service attorney. I initially was discharged with an OTH so when I filed my claim they tried to list me as barred from benefits due to length of awol status and willful misconduct which I had to fight in a NOD hearing for character of discharge which I prevailed in. I don't know what the hold up is or was in my case. At this point I'm just glad I finally have a C&P date. Could you elaborate on what specifically is wrong? Also what advice are you referring to that is suspect?
  15. And I have a C&P exam date set for Aug 6th. I would like to thank everybody so far for the support and knowledge contributed to my case up to this point. Without the advice and links pointing to policy and law I would not effectively be able to keep my attorney on point. Thank you Hadit.
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