Hello, I have been going thru similar issues to many of you. My latest and most aggravating has been a claim for PTSD. I have gone all the way to DC above the VBA head and still lost because of the very 1st C&P examiners word play!
Instead of granting PTSD which I was actually diagnosed by a VA Dr in Daytona Beach many years ago, This Examiner determined during a 15 min exam that I was in fact ASPD (Anti Social Personality Disorder) and not PTSD. ASPD is not a S/C disability.
I filed my NOD, and on and on. after a few remands to the rating officer and also VBA, I was able to get a very lucky 2nd C&P exam with a LHI contractor who was a real nail in my coffin!
This woohoo, admitted when I arrived to an office with nobody or any lobby furniture/lights and only his office told me, He was sorry, he did not receive a chance to review my previous records? I am pretty sure the APA requires a review of all records and also a diagnosis in you pre teen years to be given an accurate diagnosis of ASPD?
This is now the 2nd time in my 50 years alive of hearing anything of ASPD? I was blasted by this clown for nothing but speculation of Drug and Drinking with my lying to previous Drs and this was the reason I was originally misdiagnosed by the VA for PTSD.
He continued to slander me and suggest I was currently using drugs but never once was any discussion or mention that I have gone to my own Pain Management Dr for 10 plus years, never 1 time failing a drug screen urine test or any failed drug screen urine tests at the VA facilities when I was receiving medication prior to my choice to see a PC away from the VA.
So this decision held up thru my entire appeal process and SOC highlighted on everything this 2nd C&P examiner noted in his 10/min exam without my records of a Drug test which I would have gladly provided right there to shut his mouth and lies/slander of my lifestyle!
During the 1st SOC, the VA wrote in there verbiage and Conceded the stressors associated with PTSD, as my Ship was active and in a known terrorist activity and Chemical Warfare area during the Gulf War.
How can the admit I was in and meet the criteria for PTSD but because a C&P examer(Not a formal Diagnosis exam), decide I was ASPD which I claimed as PTSD, still go to a denied claim which for the record, Started in 2011 and finally stopped in 2020?