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

[yoggie2]

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

I'm sorry I think that was what I meant Forensic Psychiatrist

I thought it was the same.. but the same still applies the VA paid it no never mind..There is a few here who have seen it and it blows them away...Yup had to look it was a "Forensic Psychiatrist". It just P.O's me to see someone like John999's post and I do feel that pain and angered by it. I know first hand they will do everything they can to fight it mostly by doing nothing, if he's even close and its got to be a dis hearting feeling that even you have a lawyer feeding you the same, when you know different. I grew up around these guy's and the VA could care less and care less for them now and as time passes the more they are forgotten. Good luck John I knew a lot of you guys growing up and if your anything like these guys being left in a world of madness, brother they should feel nothing but shame and beg for you to forgive them.......

Edited July 2, 2008 by yoggie2 (see edit history)

[Chuck75]

What gets me is that the VA may use an NP or PA to generate a C&P, then an MD rubber stamps it. In order to refute this kind of "trash", A veteran must jump through hoops, and find a specialist (Board Certified, etc.) to refute the VA's bogus C&P results.

I'm sorry I think that was what I meant Forensic Psychiatrist

I thought it was the same.. but the same still applies the VA paid it no never mind..There is a few here who have seen it and it blows them away...Yup had to look it was a "Forensic Psychiatrist". It just P.O's me to see someone like John999's post and I do feel that pain and angered by it. I know first hand they will do everything they can to fight it mostly by doing nothing, if he's even close and its got to be a dis hearting feeling that even you have a lawyer feeding you the same, when you know different. I grew up around these guy's and the VA could care less and care less for them now and as time passes the more they are forgotten. Good luck John I knew a lot of you guys growing up and if your anything like these guys being left in a world of madness, brother they should feel nothing but shame and beg for you to forgive them.......

[yoggie2]

What gets me is that the VA may use an NP or PA to generate a C&P, then an MD rubber stamps it. In order to refute this kind of "trash", A veteran must jump through hoops, and find a specialist (Board Certified, etc.) to refute the VA's bogus C&P results.

I have seen 5 shrinks 2 before C&P 1 at the C&P and 2 after to refute the VA. The VA C&P was a 1-25 minute interview 10 min of that in the rest room with a VA C&P Dr gave me a BPD-GAF 40 and as John999 says its poison to a claim. I know what its like to fight it, and now I have 2 more "paid for through the VA" with John999s advice, I could have easily been where his fight is and it scares the crap out of me that the VA would even try this with the evidence I have, and my SC physical injuries as well....

I put nothing passed them now they will stoop to any level to screw a combat vet and any vet to that matter............

[Josephine]

Believe me, I know the VA will stop at nothing to deny a claim.

They put me through Hell trying to deny me.

I go all to pieces when I see what they are doing and powerless to

stop them.

All this darn Personality Disorder Crap gets my blood to boiling.

I know exactly what they did to John at his discharge, the same old

you know what they did to me.

I have spend my whole life fighting a dern claim, because the VA

hid my darn " Psychiatric Records" from me.

Sure they granted me and paid me retro, but I would give some

of the money back to erase from my mind what those two

Psychiatrist at the Medical Center did to me.

No one, man or women, should ever have to be in a room alone with

two of those quacks ganging up on you, when your spouse is sitting

right in the waiting room and they will not allow him to be

present.

Thanks for letting me rant on and on.

Betty

[john999]

I only wish you guys could see my original rating decision. It consists of two pieces of paper. No appeal rights, no reasons and basis, no discussion, no concludions, no reference to laws or regulations. Just two sheets of paper with a rating, and a diagnosis. The lawyer can't believe it becasue he has never seen a rating decision that looks like mine. It is in the form of (A), (, © etc and a few words and that's it. If a reasonable mind cannot find that decision defective in form and rating I just don't know. Perhaps they did things differently in the dark ages. I had not looked at it in 25 years before I got my C-File. I kept looking for a regular rating decison and all I came up with was this two page summary. If the VA does not inform you of appeal rights is that a CUE? I never knew I had appeal rights til years later.

[yoggie2]

I still have yet to see my PSYC file still and that would seal the deal! Josephine that anit no rant its fact, The VA slapping a PD or BPD is a way to nuke you. They know what there doing. Its died down a little right now but 06- 07 they were handing the PD out like they were dealin cards till it started to draw to much press.

[john999]

TSS

A forensic shrink's opinion cannot be part of a CUE. Only the evidence that was before, or should have been before the raters can be used for a CUE. If I bring in evidence from a forensic shrink's opinion then the VA could bring in shrinks with opposite opinions. The VA already tried to bring in a decision make in 1988 to shoot down my CUE and I made them throw it out, but they still denied my CUE. They did not even give a reason. They just said no clear and unmistakable error was made, period! If you are tring to get SC then a forensic shrink is a good idea, but the question of effective date is an open subject. Betty's claim should go back to 1964, but the VA won't go there. They awarded SC but as you see the rating changed over time and the effective date was 1983. That is 21 years short of what she should have had, plus the discharge was wrong.

[yoggie2]

So say I used this forensic shrink IMO for service connection along with another IMO that was less than he and I was shot down by the C&P that's full of holes and denied because of it, even though I have another IMO of the lesser shrink and another MD to back him and refute the the C&P, I can't use the First 2 IMO's on a cue? Man I hope this makes sense....

[john999]

Yoggie

That is correct as I understand it. A CUE is an error based on what was in the hands of the VA at the time. A review of the records 10 years later does not help. At the same time the VA can't drag in anything that was not in the record at the time either. My claim is that the VA should have made an adjudication about my employability since the question of my being unable to work was raised and it is in the record that my doctor said I was unable to work. The VA never addressed this issue at all. So I say I had an open inferred claim for IU for about 25 years. The VA did not say I could ,or could not work due to my SC disability. They just ignored the topic. VBM says that could be a CUE. This is how I read it. Also, I don't know anyone who is mildly disabled by schizophrenia unless they are in complete remission. But who knows and I will let the BVA and the lawyer fight this out since there is a chance of big retro and he gets 20%. Then I will go back and appeal the kind of discharge I got from the Army. I say it should have been a medical discharge and not for being unsuitable after 28 months. With only 8 months to go until a regular discharge how do they not know I am unsuitable before that? It was because I wrote a letter to my congressman about the drug abuse of heroin I had seen in Vietnam. That got the Army hot under the collar. That is when they started trying to discharge me. I was a whistle blower and I got blown away.

[tssnave]

John,

Thank you for the clarification of the difference between yours and Betty's claims and what that means as far as using a forensic shrink to review the evidence of record. Thank you for setting me and the record straight.

My apologies if I misled anyone in my previous posts. I know little to nothing about CUEs and should not have chimed in so I've deleted my previous posts in this thread to prevent confusing anyone or worse, giving incorrect advice that could be costly to someone in a CUE situation.

Thanks,

TS Snave

Edited July 2, 2008 by tssnave (see edit history)

[Josephine]

Yoggie

That is correct as I understand it. A CUE is an error based on what was in the hands of the VA at the time. A review of the records 10 years later does not help. At the same time the VA can't drag in anything that was not in the record at the time either. My claim is that the VA should have made an adjudication about my employability since the question of my being unable to work was raised and it is in the record that my doctor said I was unable to work. The VA never addressed this issue at all. So I say I had an open inferred claim for IU for about 25 years. The VA did not say I could ,or could not work due to my SC disability. They just ignored the topic. VBM says that could be a CUE. This is how I read it. Also, I don't know anyone who is mildly disabled by schizophrenia unless they are in complete remission. But who knows and I will let the BVA and the lawyer fight this out since there is a chance of big retro and he gets 20%. Then I will go back and appeal the kind of discharge I got from the Army. I say it should have been a medical discharge and not for being unsuitable after 28 months. With only 8 months to go until a regular discharge how do they not know I am unsuitable before that? It was because I wrote a letter to my congressman about the drug abuse of heroin I had seen in Vietnam. That got the Army hot under the collar. That is when they started trying to discharge me. I was a whistle blower and I got blown away.

John,

It was kind of like my discharge, someone had the nerve to

place "URGENT" DISCHARGE.

I was running off at the mouth also about what was going on and

someone wanted me out so fast that on my discharge physical, they

stamped " Fit for Sea and Air Duty - Discharged/ No re-enlistment".

If you went by that statement, you will never think to look

for all the " Psychiatric Records" and Board Reviews for the Early

Discharge".

Betty