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Blasting A Examiner With A Letter

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I finally received a CDROM of my SSA File with the evidence and all the actions and everything. The first thing I noticed was a note where they deemed 600 pages of my SMR were not relevant to my case. I then read my Mental and physical Functional Capacity Assessments, what a ^%$#@ Joke.

I start my letter with, Reading the case Development sheet I see where on 4/21/06 someone decided that the 600 pages of medical records were “MOST OF INFO IS OLD AND NOT RELEVANT. BOOKMARKED INFO FROM 1-05 TO APPROX 1-06” 05/31/2006 16:31 HLS Those records are indeed relevant to my case they show the chronological development of my disabilities. I was never interviewed or examined by a doctor. Both the Mental and Physical residual Functional Capacity Assessments are so far off target, but that’s to be expected when a doctor makes those judgments with out seeing the patient or knowing his complete medical history. Recently it has been decided that my right upper extremity is 80% permanently disabled. My left kidney functions at 28% ? The following are treatment dates of my mental conditions which you ignored except the Major Depressive Disorder the others you did not even consider and they were listed on my claim.

I have been officially Diagnosed with Major Depressive Disorder 9434 a mood disorder, Secondary to pain syndromes 9422 which is a Somatoform Disorder , and Post Traumatic Stress Disorder Chronic 9411 with delayed onset which is a Anxiety Disorder, and General Anxiety Disorder 9400 with agoraphobia another Anxiety Disorder.

On 12/28/2006 during a Compensation and Pension Physical Exam for Initial Evaluation for Post Traumatic Stress Disorder (PTSD) DR Joyce Kales MD

Diagnosis Axis I MDD secondary to pain Syndromes

PTSD, chronic, delayed onset, with panic symptoms

GAF rated at 45 with serious impairment in social and

occupational functioning.

Other opinion: The prognosis for improvement is deemed poor in light of the veterans deteriorating health. His capacity for employment is felt to be poor in light of his overall impaired functional and emotional status.

Joyce Kales MD

On July 5th, 2007 Doctor Sunday Imuchukwu MD Attending Psychiatrist when asked “Do you think the patient has the capability of performing a sedentary low stress job on a 40 hour work week on a regular and sustained basis? If no why ? Answers No, patient is chronically dysphoric. (This has been faxed to the SSA by my lawyer).

My official Mental Diagnosis for Compensation and Pension purposes is

Major Depressive Disorder secondary to Pain Syndromes; Post Traumatic Stress Disorder, Chronic, Delayed onset, with Panic symptoms associated with chronic Nephrolithiasis. 70% from 06/01/04.

In June 2006 I received notice that I was being turned down for Vocational Rehabilitation. The denial letter states:

”It does not appear feasible for you to obtain suitable employment through your Vocational Rehabilitation benefits at this point in time because of the severity of your disability.”

”After carefully reviewing the evidence, I have determined that it is not reasonable to expect you to be able to train for or get a suitable job at this time.”

”In reaching my decision, I considered the following evidence: Medical records from VAMC and private physicians, independent living evaluation; vocational and independent living interviews, rating decisions, personal documentation.”

Your Doctor Bxxxxxx Phd states in his case analysis “He is able to perform unskilled work.” His Psychiatric Review Technique does not have Anxiety Related disorders listed (PTSD) or Somatoform Disorders listed (Chronic pain Syndrome) his assessment of me is a joke. As well as the assessment conducted by

DR Guxxxxst, one quick example for DR Gxxxxxxx, checked that I am not affected by extreme cold, which is untrue I have Raynauds Syndrome and Have pictures of my hands side by side demonstrating such. How in the world can a MD make these determinations without seeing the patient? The rest of this is my Mental Health History 2005 thru present and what is italicized occurred during your case development

thru October 2006 when you made your decision.

The total letter is 9 pages typed, I dont know if it will do anygood or not, I am faxing it directly to the examiner who disapproved my claim. I am at the point where I am waiting on a ALJ Hearing.

The end of my letter

"That’s just the mental side, wait till they receive a update on the medical side.

In closing I would like to thank you and the doctors for such a fine upstanding job you did on my case.

I understand that my case is supposed to be expedited at all levels because I fall into the SSA wounded warrior category.

Initially I was rated by DVA @ 50%, at current time my percentages add up to 350% disabled, under veterans administrative law, its rounded off to 100%, ya real funny. You made the same mistake looked at a very little, examined nothing and denied benefits. Thank you."

Edited by BETRAYED

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All you really need to do now, is include a picture of your "avatar" or whatever they call that pic.

That oughta do the trick!!


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Well if it works let us know.

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Betrayed, They will do or say anything until the ALJ puts them in their place. Be prepared to go to that level in your case.

Hang in there.

Edited by jbasser

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    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
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    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
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    • Thank you @GeekySquid for your reply. 


      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf


      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 


      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
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