Diagnosis Change Or Not

[Rockhound]

Veteran has a current sleep apnea diagnosis supported by a sleep study. Veteran submits a claim for sleep apnea and was scheduled for a C&P examination;

The results of the examination are as follows The VA examiner states, at this time my prefered opinion is that Veterans represents as having Nocturnal Hypoxia and based on the history given, it would be difficult for this examiner to fully support a diagnosis of sleep apnea.

The VA Adjudicator then denies claim stating that a diagnosis change was made and that the Nocturnal Hypoxia was the correct alternative diagnosis.

thus a claim for sleep apnea is declined, since the correct diagnosis was for Nocturnal Hypoxia and veteran's medical hystory is mute on this issue.

Is this a change in a diagnosis and/or was it properly changed?

Yea it's a twist on my claim, but some people just don't get it.

[Rockhound]

Rock,

Have you been treated for " psychotic episodes" since your discharge from service? I try to read your post, but have never caught the answer to this one. Do you take continous meds for the condition?

Betty

I'm sorry but I cannot answer this question with any certainty. I have no memory of my first psychotic episode, so I cannot say if I have had any other psychotic episodes only that if I did, they were not as severe, since I have never found myself waking up in any psych wards or hospitals. But I do or did have periods of time I can not account for and that after these times I had difficulties with depression, anxiety and with school by having to withdraw from classes, incompleted classes and unusually poor grades. The same problems persisted with jobs that I could no longer do or had such problems that I was let go.

I have tried to document these periods with school transcripts, letter or statements from imployers, and on the rare occasion I did seek medical attention for my drepression and anxiety problems. But these mean nothing unless I can get an IMO to pull them all together showing a past, inbetween and present or nexus.

The only real treatment that closely fits in with the psychotic episode is that I am currently being treated for schizophrenic idealations. Dreams that are so real and disturbing that they cause sleep disturbances and wanting me to cause harm to those who I feel have wronged me, The VA is very much prelavince in those thoughts. At times I have to self adjust, at Dr's OK to a higher dosage to bring these thoughts to a managable level.

When I was healthy or at least not chronically ill like I am now, I have always managed to keep these thoughts in check, but as my health declined it got to the point that It was finally necessary to be medicated. My Depression and anxiety in now considered as a major and chronic ongoing problem that in the past four years I have had to be under constant medication in order keep an even keel with my emotions and even then I have periods when even the meds don't seem to work. As it stands, beside my physical ills my current diagnosis is Adjustment disorder with major depression and anxiety.

Do I feel sorry for myself, you bet. I feel sorry I tried to live life as a normal person because the VA had me believing I didn't have a mental problem, that I only had a PD and what ever happened to my was my own fault.

Rockhound Rider B)

[Rockhound]

rockhound, check if u need too with your local housing authority they have a program for vets , under the "Housing Choice Program" which will put in front of others..took me 3 weeks and im in a nice condo here in Florida..It was a blessing...They got tons of money for homeless vets. Peace, William

I'm not eligible, since I own my own home and would have to sale it and spend all the money before I would be elligible to even apply. I don't know if we have a similiar program here, but the normal house authority here has about a three year waiting list.

Rockhound Rider B)

[Rockhound]

Hoppy, you stated "A C&P examiner cannot change a diagnosis made by a military physician unless it is absolutely obvious that the military physician was wrong. I can find you the case law if necessary."

Please, I would like to see the case law on this. My contintion has alwasy been and shall remain so, the C&P examiner never said or implied that it was absolutely obvious that the military physician was wrong. He did not say that the diagnosis by the military physician was clearly and unmistakenly in error.

I'm been trying to find some sort of case law that demonstrates the premise you have stated.

Rockhound Rider B)