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Another Question And Observation On My Cue Claim

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Rockhound

Question

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 :angry:

Edited by Rockhound
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  • HadIt.com Elder

Rockhound, sounds like this bringing you down somewhat. I've read your current post and now this one and I don't see the CUE. If the rater made an error that any rater would have made based on evidence then you dont meet the CLEAR & unmistakable part. The error must have been so skewed that could have lead to a different decision. I've been a rating specialist for 16 years and your efforts to obtain information about CUE claims interest me somewhat. I dont know every aspect of your case so let me start with that. But let me make the following point,- A differnet approch currently being used by a handful of vets is simply submitting a new claim for the previously denied condition. The R/O will deny the claim (not to reopen) and then you can hire a lawyer and have him or her iron out the CUE instead of you attempting to take this on yourself.

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  • HadIt.com Elder

Poolguy

I agree that Rockhound should get himself a lawyer and put this stress on someone else. All he needs is a current diagnosis of schizophrenia residuals and that could match up with his SMR's and the reason for his discharge. If worse comes to worse I would go to the VA and get myself admitted to the psychiatric ward. They will make an opinion about your mental condition. If you are paranoid and suicidal that might be a good place to be for a week or two during the holidays which makes everything worse. At least you have people around you even if they are nuts.

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