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Opinion Of A Personality Disorder,
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Guest Jim S.
I've been trying to find a law, Regulation, Rule, or anything that says what is needed by a C&P examiner to prove a personality disorder, that which is used by the VA Claims Rater, to rebutt a prior diagnosis of a mental disorder
CFR 4.127 (1973) Inpart reads; Formal psychometric tests are essential in the diagnosis of mental deficiency. If the VA C&P Examiner used such tests, why is his report silent on the matter or if he depended on the tests conducted while Veteran was hospitalized, why are the records in the C-File silent also?
Personality disorder, inadequate type, with modest intellectual capabilities (despite the fact that he was tested during his hospitalization as having a high average intellectual quotient). How can the VA Rater support such an opinion without the VA C&P Examiner providing evidence that supports an apposing opinion on whcih an opposing opinion was given.
Where as it is also noted, that the summery decision by the Navy Medical Board was based on, not only Medical records, but that of the personnel records, of the Veteran to base their opinion on, yet the VA C&P Examiner only base his opinon upon one personal examination and as he states, review of the Veterans history, to base his opinion on and that the VA Rater took as an alternative diagnosis for which the Rater used to deny benefits and compensation on.
Need help in hoaning my argument I am half expecting from my new Service Officer when I meet with him/her about my CUE Claim and whether to go with it or to as for a review of my entire claim in which new and material evidence would be allowed, but where I may loose any EED on my claim.
Help
Jim S. B)
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