ptsd Cue And Lawyers

[john999]

I think my lawyer is losing confidence in my claim. He keeps saying he does not have the complete file from the VA. They have refused to send him a copy. I sent him my copy. The CUE is just based on my decision in 1973 and the thin, thin evidence the VA used, excluding the evidence from my doctor. I have a hearing on Thursday. I won't be surprised if I get a call saying to forget it. I did not even ask for a DRO. I wanted to go to the BVA but landed up at the DRO. Nothing is going to happen at the DRO except it gives the VA a chance to cover their tracks, and make up some more lies. They want to maintain that my inability to work was due to a PD and not due to schizophrenia. Of course, at the time they never even considered unemployability even though my doctor said I could not work and they had that evidence. They will drag up the topic of drug abuse even though I never used illegal drugs except in the service as self medication. If I had drank a fifth of whiskey a day like some I would have been home free. This is like reliving PTSD having to go through all the lies and kicks in the teeth I got as a young man. Maybe it is worth it, but they will drag up all the old stuff about drug addiction and personality disorder and that hurts. You live a clean life for 36 years but you are still a dope fiend in their eyes. No criminal record, no addiction problems, but they will hold my college degree against me. I better wear an iron clad jock strap to fend off all the kicks to the groin.

[yoggie2]

John999 , I am sorry to hear this and I know this to be true I also requested a copy of my c-file and it also was incomplete as if they give me what they wanted me to have. It even had missing evidence from my original claim. 10 bucks and my left n&%^$# you only got what they wanted you to have or they sh8664! canned it. I have read about this more than once. I was treated in the gulf for PTSD and there is no record of it any wheres in fact I can even find my MH records of any shape or form. I couldn't imagine going back to the early 70's

[john999]

I know the evidence they used almost by heart. The VA used two military hospital reports and a report from an in-patient VA doctor report in 1972. That doctor was mad at me because I left against medical advice after two weeks in the rubber room. He got back at me by saying I was a useless hippie type. He carefully avoided mentioning lack fo work history, or any negative symtoms. He emphasized how well I got along with the other patients. It was a frame-up but after the Army I was used to it, so I was not shocked by the job they did on me. I had let my hair grow and that made me some kind of communist in the eyes of these clean cut, VA doctors. They more or less convicted me of being a no-account based on my looks. They were still living in 1959 and were already older types who probably served in WWII and hated Vietnam vets. I put this behind me for years until I got older and lost the only good paying job I ever had due to SC conditions. That old doctor was still working at the same VAMC when I went back in 2002. He must have been 90 years old, and was the same unhelpful turd he was back in 1972 when I saw him the first time.

When you really ask for big retro or want a much earlier effective date you can expect the VA to really play dirty. They will throw every roadblock they can at you. If it is CUE then the kitchen sink will come flying at you. I am going to fight this out all the way regardless of my lawyer or the VA. The VA is great at stonewalling you and your POA. They did not even notify my lawyer about my hearing date. I doubt they even know he is coming although I have informed them 10 times. If you are going to use a POA he/she needs to be aggressive.

[john999]

With a CUE only the evidence that was in the possession of the VA at the time of the error can be considered. It does no good to have a IMO look at your decision or the evidence. I am hanging my hat on the fact that the VA had evidence but did not consider it in their decision. They did not consider my psychologis'ts evidence or list it in any way. I don't think they even considered their own psychologist because his evidence has been lost. I had psychological tests by the VA and they are not in the record as far as I know or they did not supply me with copies.

[Josephine]

John,


I had psychological tests by the VA and they are not in the record as far as I know or they did not supply me with copies.

Print this and take it with you to your hearing.

If they lost the test. They didn't exist.

Review of the records show no documentation which would support

the diagnosis of Personality Disorder.

There simply are no data which would support

that diagnosis under the criteria provided

in the Diagnostic and Stastical Manual of the

American Psychiatric Association.

No psychological or personality testing was done.

There was never any showing of an " enduring pattern

of inner experience and behavior that deviates markedly

from the expectations of the individual's culture...

is inflexible and pervasive across a broad range

of personal and social situations...

is stable and of long duration... (and) is not

better accounted for as a manifestation or

consequence of another mental disorder."

DSM IV TR, pages 287 - 288.

The " other mental disorder" which He clearly HAS and DOES have, and

for which he has been treated for xxx years, is xxxxxxxx.

The veteran had no childhood psychiatric,

difficulties or treatment,

His xxxxxxxx began during his time in service.

He has been treated for xxxxxxxx for xxx years by a number of

physicians.

Diagnosis: xxxxxxxxxxxxxxx

This chronic, and in this veterans' case, disabling,

mental disorder first manifested itself while in

service and has required treatment ever since.

There is no evidence to support the diagnosis of personality disorder

made in 19xx and used as a basis for his separation from service.

Sincerely.

Betty

[yoggie2]

John,

[Josephine]

yoggie2,

The VA considers a Forsensic Psychiatrist to be on a higher plateau

than a Forsensic Psychologist, just as they do in their own C&P's.

I know their regulations state they are equals, but in my opinion,

I have found the VA does not follow their own rules and regulations.

I have yet to see a Psychologist in the VA world given more weight

than the nutty Psychiatrist.

Betty