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CarverUSAF got a reaction from Inarticulate&Distorted in Just looking for input
So, my claim has gone 100 mph the last two days and this morning ebenefits updated to show this
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CarverUSAF reacted to Berta in Just looking for input
This C & P exam, in my opinion, will get you a PTSD rating.
The only thing I would wonder ,is if, for some very strange reason, the VA questioned the service trauma or your incountry MOS.
But I really dont think they will.
You have the PTSD diagnosis and the nexus factor.
I feel you will be SCed for this and at that point it would help if you could post the past deniails, as to their Evidence List and their BS rationale, for those denials.
Allen V Principi made it very clear that self medication due to PTSD is not a valid reason to deny a PTSD claim,- our member Chris Attig, a great veteran lawyer explains it well here:
https://www.veteranslawblog.org/veterans-drug-and-alcohol-abuse/
PS, it does not pay to ever hold back anything during a PTSD C & P exam.
"My initial C&P exam concluded that my mental issues were the result of alcohol abuse, not PTSD, hence the first of the two C&P exams I'll list here. I guess a good question would be does anyone think the initial C&P will carry more weight than these? I don't have a copy of it and didn't know that was the conclusion until I went to my current claims C&P. The Doc literally stated "WTF" when mentioning it."
I said "WTF" ,myself when reading your post.
But with an award letter ( and I dont see how they could not award you)
we might be able to turn WTF into more retro if they made a CUE in that decision.
Might be able....maybe.... it depends on what evidence VA had, and when they had it and how the wording of the denied claims went.
It would be a good idea for you to get a copy of your whole C file...but that takes time and might hold up this claim---
You could ask for copies of that past C & P exam ,if it was done at a VAMC, that VAMC's Records Access Office ( aka Foia/Privacy act officer) might have a brief form for your to sign to get it, and it wont take too long.
I just hope you get a rater who can read.
This is golden:
"c. Rationale: See medical opinon summary. This question is reversed in my opinion. His previous alcohol use was self medication for his mental disorder(s) and not the cause of them."
VA has pulled this crap on PTSD vets since the Vietnam War-until the Allen V. Principi decision. (USCAVC- maybe COVA in those days)