ptsd P&t ?

[SLEDGE]

Greetings Comrades,

I'm 80 percent for PTSD and TDIU with P&T.

I have 3 more rated disabilities.

I have been scheduled for another PTSD C&P.

It's an 'outside the VA' hired gun again.

This examiner has examined me twice before.

One negative opinion and one favorable opinion.

The negative opinion was penned without an examination of the vets records.

The positive opinion came after the same examiner READ THE FILES.

Basically, the examiner could not have given a valid opinion the first time because my records were not reviewed prior to the examination.

By the VA standards that we all know and trust,

the first exam does not count.

The second exam does count.

So, With only one [proper examination] by the VA my PTSD claim was granted.

How about the 6 or 8 private examiners that the VA sent me to over the years?

To a man they all say the same thing, Chronic PTSD, Service Connected.

I can't wait for the rest of my records to become unclassified.

I'm actually a combat related vet with service connected PTSD, but I can't prove it [yet].

I wish somebody at the VA would pull their head out.

sledge

[Jay Johnson]

Namvet is probably correct...my guess is that you are 80% combined schedular and not 80% PTSD (it's 70% and 100%, nothing inbetween). It seems to me that you are still in the process of NOD'n your PTSD claim, which gives the RO more latitude to order C&Ps and it sounds like they have indeed targeted you for a potential reduction (yes, I do believe RO's single people out if they can smell blood in the water).

To be honest, you are fairly safe in that you are TDIU and P&T. My advice would simply be to establish a GOOD civilian psychiatrist with excellent credentials and use this psych for primary, recurring treatment. Continue what you are doing and keep excellent records...I believe you are safe as long as you don't start working or something:-)

P.S. - What are the reasons behind them denying an earlier SC date and what is your proof that you deserve said date? (I ask because I am wondering if a CUE may be in order, but you would have to show some sort of regulation violation and not merely a difference of opinion)

[SLEDGE]

Namvet is probably correct...my guess is that you are 80% combined schedular and not 80% PTSD (it's 70% and 100%, nothing inbetween). It seems to me that you are still in the process of NOD'n your PTSD claim, which gives the RO more latitude to order C&Ps and it sounds like they have indeed targeted you for a potential reduction (yes, I do believe RO's single people out if they can smell blood in the water).

To be honest, you are fairly safe in that you are TDIU and P&T. My advice would simply be to establish a GOOD civilian psychiatrist with excellent credentials and use this psych for primary, recurring treatment. Continue what you are doing and keep excellent records...I believe you are safe as long as you don't start working or something:-)

P.S. - What are the reasons behind them denying an earlier SC date and what is your proof that you deserve said date? (I ask because I am wondering if a CUE may be in order, but you would have to show some sort of regulation violation and not merely a difference of opinion)

I put some of the info in the CUR post reply started by fla viking.

My quote below,

"What would a cue claim look like if the VARO mentions the records but does not 'discuss' them?

An example from my case,

The VARO was asked to get my SSA Disability file in 1996.

SSA had sited fibromyalgia and PTSD together as totally disabling in 1993.

(No changes since then)

The RO has mentioned my SSA file but never discussed why the 1993 dates do not apply in the VA claim.

1993 was also the year that I started getting outside opinions.

The RO has mentioned several of them but never explained why the information did not apply.

They mentioned them in 2002.

My win's Effective Date is 03, 2002.

THE COURT has remanded my effective date claim because of the lack of explanations."

Your question,

"It seems to me that you are still in the process of NOD'n your PTSD claim, which gives the RO more latitude to order C&Ps and it sounds like they have indeed targeted you for a potential reduction (yes, I do believe RO's single people out if they can smell blood in the water)."

None of the particulars of my win, Diagnosis or degree of disability, are being contested by me.

The continuing claim, or NOD, is on the 'effective date' ONLY.

The Tiger Team awarded the claim based upon the entire record.

They threw out some of the more obvious RO BS in their award.

They connected my PTSD to certain events that happened to me in 1971 and 1972 and 1973 and 1974.

Death, Destruction and Abandonment.

They sited a continuous trail of PTSD symptoms from the time period of my service to the 'current date'.

They mentioned the fact that I have several other ratable disabilities that are yet to be service connected.

(Fibromyalgia has been awarded 10% since then) .

Have you seen the TV show called, "I should have died" ??

I missed some real good opportunities to croak and they were not accidents.

The Tiger Team made the award but left the effective date up to the RO.

By the law and my records I should have been 50% in 1985 and 100% in 1990.

What the hey, it's only my reputation, sanity, dignity and self esteem.

sledge

Edited December 10, 2005 by SLEDGE