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Another Question And Observation On My Cue Claim
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Rockhound
Cue questions tucked away in it's own little space doesn't seem to get the imput as it did when it was on the open forum page, but here goes another question and observation in my ongoing CUE Claim I am trying to develope and meet all the requirements of CUE.
(1) I did have a SCable condition while in service, rated by the military at the time of discharge to be 0%, even though the residual effects at the time represented at least 10% disableing.
(2) The military rated the condition as being in remission with a specific IDC (DC) 2954, which translated to a DSM (DC) 9205, which is a diagnosis of schizoaffective disorder.
Definition
Schizoaffective disorder is a mental illness that shares the psychotic symptoms of schizophrenia and the mood disturbances of depression or bipolar disorder.
Description
The term schizoaffective disorder was first used in the 1930s to describe patients with acute psychotic symptoms such as hallucinations and delusions along with disturbed mood. These patients tended to function well before becoming psychotic; their psychotic symptoms lasted relatively briefly; and they tended to do well afterward. Over the years, however, the term schizoaffective disorder has been applied to a variety of patient groups.
"The current definition contained in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders IV (DSM-IV) recognizes patients with schizoaffective disorder as those whose mood symptoms are sufficiently severe to warrant a diagnosis of depression or other full-blown mood disorder and whose mood symptoms overlap at some period with psychotic symptoms that satisfy the diagnosis of schizophrenia (e.g. hallucinations, delusions, or thought process disorder)."
According to this criteria and the fact that I am currently diagnosed with major chronic depression and have been continually treated for same for the past six years, It begs me to wonder why the Dr's at the VA are relunctant to diagnose me now with the same type of Schizophrenia that resulted in my discharge 35 plus years ago.
It also brings up the question as to what evidence at the time of the VA C&P examination was so compeling, that the VA Rater stated as fact, the Examiner said the schizoaffective disorder diagnoses was in error and the diagnosis that the Examiner made was a correction of it.
If their is no evidence to support this assertion, then would it be CUE that the evidence was not evident at the time? Some say the evidence may have been viewed or weighed differently, but if their is no supporting statement from the examiner that found the original diagnosis was made in error and that his was a correction of it, and their is no supporting evidence, such as independant tests, examinations, observations to rebut the original diagnosis, how could he weigh one opinion against the original opinion which did have all these supporting elliments?
Since the medical board upon my discharge stated that I would have moderate impairment to social and industrial adaptability, that this problem was probably permanent, had depression as a result of the episode and having not show that the depression had resolved at the time of discharge, and other factors such that the Dr's felt it was best I be transfered to a VA hospital to await discharge from the service and to get additional treatment and medication if found necessary.
Anyway, the residual effects in of themselves demonstrate at least a 10% disability meeting the outcome base definition. Appearing then that I only have to show a current Diagnosis that relates to the aspects of the original diagnosis.
I'm getting more and more confused. I sure could use someone who doesn't have the mental and congnitive problems I currently have to tell me what I can do now, spending the least amount of money, to prove my original diagnosis and to prove the VARO Rater commited outright CUE when he came to his unsupported medical opinion that a diagnosis change had been made, when in fact, as supported by the evidence, actually did not happen at all.
Rockhound
Edited by RockhoundLink to comment
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