ptsd Dro Hearing Today

[yoggie2]

It went well and I was able to stay on point as the cards feel as you guys intended. We got started on the PTSD and the stressor, and the Borderline Personality Disorder they tried to stick me with GONE! Soon as I started I had 4 IMO's for PTSD and the C&P "Examiner" stated my condition look more like PTSD but I had a "Borderline Personality Disorder" on a Mental Health eval and was talking about PTSD when he did have that exam sheet to work from only Mental Health had he had the right sheet he might have been in line with the rest of the Doc's, so he agreed it was screwed up he should have never mentioned PTSD,(he,he right he screwed up alright he was suppose to screw me permanently)and as for my stressor it was all a big misunderstanding the had 2 people working my claim and there was a mix up and my stressor or my commanders letter got missed they really didn't need the JSRRC letter so they granted the stressor, honest mistake that set me back a year plus and I came within a nat's ass of getting a "Borderline Personality Disorder" stuck on me for the rest of my life. He ask if I would take another exam but for PTSD, I answered that they don't need one you have Mental health records of constant treatment and I continue to receive treatment but if you want sure. He was very pleasant nice guy really wanted to help so what happen to me he had nothing to do with. and went over the back and the incapacitating episode and wants me to take another exam for that as well and he wants the SSD paper work before he makes his final decision, I have to say I think the hadit members put together one HEll of a tight case and saved me from a BVA, time is on my side now and it looks to be a lock once all is done..Thank you you long timers for getting your hands dirty and all for the help you all have provided over months and months worth.......Yog

Edited January 13, 2009 by yoggie2

[carlie]

His exams on record are a year old now. They have the have the most current picture of the disability to rate, per the regs.

rental,

Which reg is this?

Thanks,

carlie

[Josephine]

Rich,

I knew that you could ACE this one

Congratulations on a job well done.

Boy oh, Boy, I am so proud of you, my " Dear West Virginia" Friend!!!!!!!!!!!!!!!!!!!!!!!

Always,

Betty

[rentalguy1]

rental,

Which reg is this?

Thanks,

carlie

I'm looking...lol. It's not that clear cut. I cannot remember the reg, but my assertion comes from having read so many BVA and CAVC opinions, This statement is representative of what I am talking about, and it can be found in hundreds of BVA remands.:

(from BVA Citation Nr: 0820780)

After any outstanding records of pertinent medical treatment

are added to the claims file the veteran should be scheduled

for a VA examination by a psychiatrist for the purpose of

ascertaining the current severity of disability due to

service-connected PTSD. The veteran is advised that at least

in part the purpose of the examination requested in this

remand is to obtain information or evidence (or both) which

may be dispositive of the appeal. It is very important that

he appear for this examination. Therefore, the veteran is

hereby placed on notice that, pursuant to 38 C.F.R. §

3.655(, when a veteran fails to report for his scheduled

examination in conjunction with a claim for increase, the

claim shall be denied.

I will post up when/if I can find the exact reg/law/precedent opinion.

[yoggie2]

You know this makes me think a lot. I have been thinking they could possibly try something else here. They want to do another physical exam again, along with a PTSD exam maybe even give them a possible chance low ball me or something screwy. He asked and I asked why? He could not give me a straight answer, isn't this the purpose of a DRO Hearing? is to fix what was screwed up not a re-do on the claim over again and send me down the same road or even mess with my 40%, isn't that about what this amounts to? Crap man at this rate I will have another denial in 9 months....hmmm I dunno

Why would I be subjected to this physical exam with current medical records, why subject me to 2 C&P's with ridicules amount of current records I have, it just feels that they want there say as though they have the last say SSD or not, but I sure had them dead to rights this morning and he knew it and folded his hand and now stating this c&p business all over again.

Edited January 13, 2009 by yoggie2

[jbasser]

It does make your mind wonder but you know what?. You Kicked (Donkey)today. The last 6 days you have stood up and and took the best shot of 2 government agencies and have came out on top.

No one can take that away from you Brother, especially after going up and down one obstacle after another over the past year.

You are stronger, More confident and well on your way.

They have conceeded. You have won and the regs take over now. You have no borderline issues, Your issues are solid to the rating percentages. There is no leeway. Any rating less than what you deserve can be cued.

John

[yoggie2]

Sorry, not to be a cry baby but,

Damn Shane now I feel like I won the battle but the war rages on. I get going to a PTSD exam but a Physical exam to? like I said it feels like going through it all over again but with a clearer view from both sides(because the other side screwed up on trying to screw me) but still yet the process starts all over again. Now I am not a loud to submit current records as evidence and they will be reading from their C&P's. Its funny like that, you walk away feeling like you killed but once you have a chance to let it sink in they got a second chance too but a new angle Jesus Christ this shit make me insane. Rich