Hearing At Varo ?

[Rockhound]

The VA continues to denie my claim for a psychiatric disorder. Saying that the psychiatric disorder was alternatively diagnosed as a personality disorder. I have read and re-read my claims file and the original C&P exam report, that the VA says the C&P examiner changed the diagnosis.

I don't see it or read anything that would lead me to believe, that a change in diagnosis was stated in this report or anything other than the unsubstantiated statement to the change by the claims officer at the time.

How can I, If it is even possible, get a hearing with a claims officer, to get them to show me where the change in diagnosis occured and how it was supported by what the C&P eaminer stated in his report and/or findings?

Thanks, Rockhound

[carlie]

Rockhound,

You posted,

"How can I, If it is even possible, get a hearing with a claims officer"

Answer,

Go here : M21-1MR - Chapter 4 provides your info on hearings

http://www.warms.vba.va.gov/M21_1MR.html

Also,

This is from 38 CFR:

Some info on chang of diagnosis

§ 4.13 Effect of change of diagnosis.

The repercussion upon a current rating of service connection when change is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation and continuance of the diagnosis or etiology upon which service connection for the disability had been granted. The relevant principle enunciated in §4.125, entitled “Diagnosis of mental disorders,” should have careful attention in this connection. When any change in evaluation is to be made, the rating agency should assure itself that there has been an actual change in the conditions, for better or worse, and not merely a difference in thoroughness of the examination or in use of descriptive terms. This will not, of course, preclude the correction of erroneous ratings, nor will it preclude assignment of a rating in conformity with §4.7.

[29 FR 6718, May 22, 1964, as amended at 61 FR 52700, Oct. 8, 1996]

Hope this helps a vet.

carlie

[carlie]

Rockhound,

Can you scan or post your C&P exam - minus the address, c-file and SSA #'s, etc...

carlie

[Pete53]

It happened to me Rockhound. Seems like a clerk can make their own diagnosis and than its official as far as VARO is concerned. I had to get a shrink to do and outside medical opinion that said the VA was wrong, more or less call them out and state it was due to service it was a continuing problem and that I still had panic disorder. That started the wheels moving my way.

Good Luck

[Ricky]

Rockhound - at what point in the rating process is your claim now? A veteran can meet with a rep of the VA at any point in the claims process. Type yourself a statement in support of claim and request a hearing with a hearing officer at the VARO. If your claim is still active then they should allow you to have a meeting.

[Rockhound]

carlie: This is the diagnosis part of the C&P exam, I had to type it out, my page editor wouldn't work so I could not otherwise delete the personal information. If you need more information, such as the C&P request form or history summery, it will take me a while to type those out as well.

DIAGNOSIS

At the present time my preferred diagnosis would be that of a personality disorder, inadequate type associated with an inadequate educational experience. There is no evidence of any psychosis present curently. The patient does give a history of convincing visual perceptial distortions on several occasions which, by virtue of their being totally and completely visible, would suggest a toxic etiology, The events precipitating his hospitalization in June of 1973 are very puzzling. The patient did appear to be catatonic at the time of admission. However it is difficult on that basis to explain the firing of shots and the uproar which preceded his admission on the basis of catatonic schizophrenia. The fact that the patient did have a blood alcohol level of 4 mg%, the fact that he has total annesia for the events of 2 or 3 days and the fact that he has total recall after waking up in a shower stall would suggest either a disassociative reaction or some kind toxic brain syndrome. It is not unusual in acute schizophrenic episodes to have amnesia for a great part of the acute episode, however, generally there is some recall with period. I am uncertain whether there is any specific connection between the bizarre behavior prior to his admission and alcohol and/or drug ingestion. Patient does not give a history of regular ingestion of excessive amounts of alcohol or psychoactive drugs. A blood level of 4mg% of alcohol cannot be assessed in terms of its significance unless one knew at what time the blood alcohol was drawn in relation to his admission to the hospital in the emergency room. In summary my major opinions at this time are that the person does represent an inadequate personality with very modest intellectual capabilities (despite the fact that he has tested dueing hospitalization on as having a high average intellectual quotient). No evidence of psychosis is present and on the basis of the history it woud be difficult to substantiate in my opinion a solid diagnosis of schizophrenia.

[Rockhound]

Ricky: My appeal time has way since run out, nothing new or material to add to keep it going: They will not accept my cronic major depression disorder as part of my ongoing problem with the Acute Schizophrenic Episode where I have demonstrated moderate and now severe impairment of social and industrial adaptability because my other non service connected health issues are causing it. Besides the fact they don't even recognize the Acute Schizophrenic Episode as such, they changed the diagnosis and called it a personality disorder, inadequate type.

I had an unfortunate experience, not of my choosing, where I was slipped a Micky of LSD in some punch at a party prior to all this problem. I wasn't and nor I have I ever been a drug user, but I feel that the psychotic break I had was due to this. But I have only my word that the LSD insedent occurred. It's been a bum rush ever since. and now I have to take medicine to keep my thoughts in check or I'm liable to go off the deep end agian. The last time involved a gun and shooting, thank God and the Great spirits that pertect me, no one was hurt and no, I do not own or keep any such weapons around me. I get paniky just seeing them on Cops.

I'm rambling, so I better go and take a chill pill. LoL

Rockhound