Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
C&p In My Favor, Still Denied.
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
timetowinarace
Taking the Awsome advice of my brilliant veteran peers, I requested and recieved a copy of my c-file. I had not known I could get copies of C&P exams so I had none. Well, my last C&P was for depression secondary to SC undiagnosed fatigue.
The examiner felt I had/have signifacant cognitive dissorder due to brain trauma in service. He diagnosed "rule out cognative disorder" and major depressive disorder secondary to cognative disorder. He gave me a GAF of 38.
Then he wrote that he has asked for neuropsych testing for a more quantative answer to losses and he would have to put an adendum on this report. The "rule out" part. He says in this report that if the tests do not show cognative loss then he would think more of a chronic fatigue would be apppropriate.
He says I am not employable. He says I must depend almost completly on my wife. He says I am not competent for VA purposes.
I was denied the claim because I had filed secondary to SC fatigue and the VA had not obtained records for head injury.
Are they not supposed to develope the claim? The neuropsych testing was never done to rule out cognative disorder. How could they decide the claim without all the evidence? Either way, I would have won the claim had it been developed. If the testing was done and showed cognitive dissorder, the examiner allready had shown a nexus to SC and secondary depression. All I needed was records wich I now have. If the testing had shown no cognative dissorder, the examiner allready pointed to chronic fatigue witch is allready SC and I had an open claim for increase. Either way I win. If they do the testing that is ordered and develope the claim as required by law. The only way to deny my claim is to decide it without the test results.
I have it all now. It's only a matter of time. It better be anyway. I've had enough of fighting with the pen. I'll be going back to what I know soon.
Link to comment
Share on other sites
Top Posters For This Question
2
1
1
1
Popular Days
Dec 12
6
Top Posters For This Question
timetowinarace 2 posts
wallyg 1 post
Wings 1 post
Jay Johnson 1 post
Popular Days
Dec 12 2005
6 posts
5 answers to this question
Recommended Posts