tdiu Cue And Heart Disease

[john999]

I got a letter from the VA today. As I suspected the VA denied my CUE for an earlier effective date for TDIU back to 1971 based on a diagnosis of service connected schizophrenia. They said the reason I was unemployable was due to a passive aggressive presonality disorder. They turned my doctor's medical report on its head, and ignored the diagnosis of chronic schizophrenia, and somehow got a personality disorder out of that. They even ignored their own doctor's diagnosis of residual schizophrenia. They left my TDIU date as August 30, 2001 for the same condition (residual schizophrenia) they said I had in 1971. I guess schizoprenia morphed into a PD when money was on the line. The surprise was they rated my so-called heart disease at 60% up from 0%. So now according to my math I have a rating of 92%. I was already 80% and an extra 60% only gets me to 92%. I will definitely take this to the BVA if my lawyer is willing to go the distance. The rater made a medical decision to override my doctor' diagnosis and say it was a PD that made me unemployable rather than schizophrenia. The funny thing is the SSOC states the symptoms I am suffering from including paranoia, anxiety, depression, depersonalization (a symptom of dissociative disorder) and then says only 10%. These are not symptoms of a PD. I knew no DRO had the guts to approve a retro rating back to 1971 that would have cost them over a 100,000 bucks easy. However, with a heart condition now rated at 60% I think I should apply for HB. I am at death's door according to the VA. They got nothing right in this decision.

[Berta]

John-Fight this and never give up!

The biggest mistake I made on an old CUE I had filed was that I accepted the BVA denial.

Years later the Regional Counsel awarded the entire basis of the CUE-when I re-opened my DIC death claim.I had been right all along-

the retro was over $40,000.

NEVER give up on a CUE claim- the VA is playing around with the 2 CUEs I filed in 2004.

I attacked their denials step by step.

They never considered or used my legal evidence at all.

I listed it all on the DRO election form and enclosed it all again.

I am surprised that they gave you a heart disease rating from "0" to 60 % in this CUE decision.

They should have made a statement as to SMC-did they?

[tssnave]

John,

Are they quoting evidence for the pd or did they just pull it out of thin air? If there is no pd dx then I don't see how they can just make one up in the face of your long standing schizo disorder. Sounds like a good lawyer will help you out on this one.

Please remember, Josephine won her claim by refuting a pd dx with a very strong IMO. I would keep at this until you win and have the money in the bank.

Congrats on getting the other increase. VA math is amazing.

Keep us posted,

TS Snave

[cowgirl]

John, what date was your heart rated at 0%?

I got a letter from the VA today. As I suspected the VA denied my CUE for an earlier effective date for TDIU back to 1971 based on a diagnosis of service connected schizophrenia. They said the reason I was unemployable was due to a passive aggressive presonality disorder. They turned my doctor's medical report on its head, and ignored the diagnosis of chronic schizophrenia, and somehow got a personality disorder out of that. They even ignored their own doctor's diagnosis of residual schizophrenia. They left my TDIU date as August 30, 2001 for the same condition (residual schizophrenia) they said I had in 1971. I guess schizoprenia morphed into a PD when money was on the line. The surprise was they rated my so-called heart disease at 60% up from 0%. So now according to my math I have a rating of 92%. I was already 80% and an extra 60% only gets me to 92%. I will definitely take this to the BVA if my lawyer is willing to go the distance. The rater made a medical decision to override my doctor' diagnosis and say it was a PD that made me unemployable rather than schizophrenia. The funny thing is the SSOC states the symptoms I am suffering from including paranoia, anxiety, depression, depersonalization (a symptom of dissociative disorder) and then says only 10%. These are not symptoms of a PD. I knew no DRO had the guts to approve a retro rating back to 1971 that would have cost them over a 100,000 bucks easy. However, with a heart condition now rated at 60% I think I should apply for HB. I am at death's door according to the VA. They got nothing right in this decision.

[carlie]

John,

It's just another stone to trip over on your path

to getting the CUE granted and an EED.

Hang in there,

carlie

[john999]

I had a 0% rating for vascular artery disaease secondary to DMII dated 2007. If was part of the decision that denied my CUE when I filed it in 2007. They bumped it up to 60% effective July 2008. My doctor did say I had a pasive-aggressive personality disorder, but this kind of disorder is very common and is not a disabling sort of disorder. It does not cause paranoia, depression,anxiety and other symptoms. My doctor's letter only mentioned the PD in passing. The bulk of the report was about my chronic schizophrenia, and how it completely incapcitated me "due to the psychotic proportions of the disorder". He said I was unable to work due to schizophrenia. The VA used the PD disagnosis and just hooked it to what my shrink was saying about the schizophrenia. This goes with what Rentalguy was saying about the VA making medical diagnosis. They purposely misinterpreted the meaning and intent of all my medical evidence. I can't go back and bring in other evidence to discredit the PD disagnosis since it is a CUE. This is what the VA does when there is big money involved. They cheat! I got the SSOC today and not the actual decision. I have not got the decision yet. I am going to send my lawyer an email and ask him to appeal it to the BVA and beyond if he will go there with me.

[Pete53]

Hang in there John don't let the bastards win. By the way being stubborn and standing up for yourself is not a personality disorder