Question On Cue

[Rockhound]

I am needing anyone opinion on whether or not CUE can be shown, given that statutory and regulatory provisions extant at the time were not abhered to when a Claims officer at the VARO (AOJ) intergected his own unsubstantiated opinion that a C&P examiner had changed the diagnosis of a psychiatric nature, which was a disease subject to service connection and which was the reason for discharge from the service ,to that of a personality disorder, inadequate type, which is not a disease subject to service connection.

What I think I am saying is that the C&P examiner makes no reference that his diagnosis of a personality disorder, inadequate type is a change in the prior diagnosis of the psychiatric nature. The only mention of the psychiatric diagnosis, was that he could not fully support that diagnosis. the answer being ambiguous at best

I do not have any money for an independent evaluation of my medical history, so don't bother telling me to get one. I have no resources to draw from and i will not resort to theft. LOL

Thank, Rockhound

[Rockhound]

Ricky: I see I am not the only one who is sleepless tonight: Just took my meds so I can, but it will take a while to kick in:

I get my medical care thru the VA Hospital here, but they only treat my symptoms and only diagnose those problems I have without giving a causel link to anything that might have happened in my past.

I have a broken nasal bone that is rated at 0%. I got a concussion when I broke my nasal bone, while in-service, but it is not rated. There too, their could be causel link to my depression, but I can't get anyone at the VA Hospital to look into it. ie. CT scans of brain, electroencephlagram, etc. I also have compression injuries in neck which are pinching nerves that cause numbness and weakness in my left arm and hand, I had a test to prove this was true. which could have been caused by the severe blow to my frontal lobe of my head, when I broke my nasal bone and concussion, but their too, no one at the VA hospital wants to give an opinion on this either.

I tried once to seek services here at the Adult Mental Health Services run by the State, but their funds are limited and since I get treatment at the VA Hospital, they will not help me unless I become violent or suicidal and local authorities are called in. Likely as not, once they learn I am a Veteran, they would send me back to the VA Hospital to their psych ward.

I get Medcare, since Social Security thinks I am unable to work, mostly in part to my physical problems and medications I am on. They too, sidestepped the issue of my Psychiatric problems in determining my eligability, deciding on the merits of only my physical disabilities.

Maybe Medicare will pay enough of a private psychiatrist consult to help out. that is if I can find one who will take medicare and wants to look through 30 years of medical history. Although their isn't been nearly as much as their has been in the past ten years or so.

Rambling again I think, Rockhound

[Berta]

"I have a broken nasal bone that is rated at 0%. I got a concussion when I broke my nasal bone, while in-service, but it is not rated. There too, their could be causel link to my depression, but I can't get anyone at the VA Hospital to look into it. ie. CT scans of brain, electroencephlagram, etc. I also have compression injuries in neck which are pinching nerves that cause numbness and weakness in my left arm and hand, I had a test to prove this was true. which could have been caused by the severe blow to my frontal lobe of my head, when I broke my nasal bone and concussion, but their too, no one at the VA hospital wants to give an opinion on this either."

Did you put the concussion residuals etc -all of this into your claim?

You might even have TBI- traumatic brain injury- causing symptoms of depression.due to the blow to your head.

I am not a doctor- but I know that the VA can diagnose and separate brain trauma from psychiatric disorders whch may or may not be due to the trauma-

You would get C & P exams for all this if it was in your claims-

It seems that you have to get proactive and ask the Patient rep -then go higher then that if needed-

to get medical care and a definitive diagnosis for the concussion and residuals and claim them as due to your service.

If that "0" is a SC "0" and not NSC "0" and due to a concussion-or happened when the concussion did- -that could help lead towards getting the other problems service connected.

It almost seems to me that even the C & P doctor was unwilling to diagnose psychiatric nature because this might all be due to physical brain trauma-

from the concussion in service.

I had to threaten the VA to get my husband a CT scan-

sometimes this is what it takes when the VA continually treats symptoms without looking for the underlying causes.

The CT results completely altered the diagnoses I had been hearing and luckily they hadnt killed him yet at that point.

They thought he had labyrhintitus (inner ear infection) the CT revealed he had a major CVA with evidence of other strokes they misdiagnosed too.

You have a right to better medical care then this.

Frontal lobe problems can lead to many other problems:

http://www.neuroskills.com/tbi/bfrontal.shtml

Ironically the VA is doing more lately for TBI victims than ever-

I would make sure you state in your claim (if you have not done this already) that you suffered trauma to your frontal lobe and have TBI residuals.

And ask the PT rep to help you get the medical care you need.

The care might rule out problems directly due to the concussion-

but that is the right you have -to make sure VA rules it out-or in and treats it.

[Billyboy]

Berta is absolutely correct on the TBI, I had a real bad fall in service, out for about 1-2 minutes, I’m not real sure of the time. Went to Palo Alto medical center to check for TBI. They confirmed I had 16 of 17 symptoms of PTSD. This help me a lot with my TDIU. If there is anyway you can get the VA check this, go for it. Good luck, bill

[Rockhound]

Berta: Yes! all this was in my claim, but I got no where with it. Since they say they didn't find it on my last exam back in 1974 it was a non issue to them i guess. I will talk to my primary care Dr. to see if I can get a C&P exam to find out if I might have TBI. I do know that I had an electroencephlagram, hope I spelled that right. LoL that showed a slow frontal region wave form and even after they took me off medication and did the tests twice more times, it still remained abnormal, and because some VA C&P Dr looks me over and asks me questions, he can see into my brain and write in his report that their is no residual effects from the TBI.

The Nasal Fracture and Concussion were delt by the same blow. I was a paitent for my psychotic episode, on who knows what drugs other than Meluril, which its use is band now, I read. I don't remember doing this, but I got out of bed to take a shower and while in the shower I passed out, falling across to another stall and busting my nose on the raised lip of the shower stall. I don't even have any idea how long I was out. but I was told I was gone just about long enough to have taken a shower. Boy did it hurt when they tried to straighten the bone.

Rockhound.

p.s. What do you think of my chances of getting a positive result if I make a request for

EQUITABLE RELIEF? . Section 503 of title 38, United States Code, authorizes the Secretary of Veterans Affairs to provide equitable relief if he or she determines that VA benefits have not been provided due to an administrative error by the Federal government or that a veteran, surviving spouse, child of

a veteran, or other person has detrimentally relied upon

an erroneous determination by VA regarding eligibility

or entitlement to benefits.