Finally, Personality Disorder, Inadequate Type Rebutted?

[Rockhound]

As more than some of you know, I have been kicking around the idea that the personality disorder, inadequate type I was saddled with in 1974 by a C&P examiner and wrongfully used as a alternative diagnosis to a psychotic episode I had while in the service, by a VARO Ratings Officer.

Now, nearly 35 yrs later, I have finally been diagnosed with a post traumatic cognitive personality disorder or rather DSM IV (DC) 310.1 Personality Change Due to a General Medical Condition, as a result of the cerebral concussion with frontal lobe involvement.

This new News comes way to late for an EED I believe, since I can't use it to claim an error in 1974, but it does help me now to finally rebutt the prior diagnosis of the personality disorder, inadequate type.

My question is, the psychotic episode in 1974 was diagnosed as an Acute Schizophrenic Episode, in remission, demonstrating moderate impairment to social and industrial adaptability. It is apparent from the records that the residuals demonstrated were never considered in lue of the wrongful diagnosis of the personality disorder. Can this be the last prong of a CUE claim showing how I was monitarily deprived of VA benefits and compensation?

I'm as sure as I can be that I can show the other parts of CUE. This last part has had me in a quandry for some time now. Not that it helps my CUE claim any but the revisions over the years for the DSM has DSM IV (DC) 9205 as Schizophreia, Residual Type, Other and Unspecified Types as per 38 CFR 4.130 Schedule of Ratings-Mental Disorders.

Rockhound Rider

[Berta]

"However, I have not seen any cases whereby the facts are wrong because the doctors made an inaccurate diagnosis or whereby adjudication failed to seek clarification of a medical opinion(duty to assist)that were considered a CUE."

I agree Hoppy- but the way around that is to claim CUE occurred because they used the wrong diagnostic code and/or the wrong 38 CFR schedule of ratings based on the evidence.

It is when they apply 38 CFR ( not to include the DTA regs however)that is when a legal error can occur.

My CUES are based on this premise-

No diagnostic code and no rating for Rod's misdiagnosed heart disease beginning with a misdiagnosed heart attack in 1988 and never diagnosed (no DC) for 6 years)

The VA had knowledge prior to a SMC denial decision that his CAD had been found as part of the FTCA case as nalpracticed.

His major CVA was given Diagnostic Codes but they were wrong.The initial SSA award was for the CVA and nothing else.

These were critial errors that raised to the level of clear and unmistakable errors based on established VA case law.

If one has Personality Disorder diagnosis with a NSC rating and later proves they had a SC mental disability-instead at a ratable level- the older decision if final- contains a CUE due to the wrong legal determination when the wrong diagnostic code was used.

If NOT final decision-this CUE can be corrected by the appellate process.

[cowgirl]

Rock, did the VA doc diagnose you with "a post traumatic cognitive personality disorder or rather DSM IV (DC) 310.1 Personality Change Due to a General Medical Condition, as a result of the cerebral concussion with frontal lobe involvement." Sounds like you have a clear diagnostic statement and a medical provider that supports you.

If so, does it state a nexus for service connection? I don't recall if you have sc for this diagnosed condition yet.

What you posted seems clear and wfm. If you are service connected for pd, it may be that you can apply for an increase based upon what seems like a corrected diagnosis and request earlier effective date for the same. Also, it would help alot if DSM in effect at that time reads similar for the diagnosis. Just thinking that the first part of that diagnosis ties directly into what PD stands for, imho.

Best to ya, and yer cat!

Cowgirl'up2009

This new News comes way to late for an EED I believe, since I can't use it to claim an error in 1974, but it does help me now to finally rebutt the prior diagnosis of the personality disorder, inadequate type.

My question is, the psychotic episode in 1974 was diagnosed as an Acute Schizophrenic Episode, in remission, demonstrating moderate impairment to social and industrial adaptability. It is apparent from the records that the residuals demonstrated were never considered in lue of the wrongful diagnosis of the personality disorder. Can this be the last prong of a CUE claim showing how I was monitarily deprived of VA benefits and compensation?

I'm as sure as I can be that I can show the other parts of CUE. This last part has had me in a quandry for some time now. Not that it helps my CUE claim any but the revisions over the years for the DSM has DSM IV (DC) 9205 as Schizophreia, Residual Type, Other and Unspecified Types as per 38 CFR 4.130 Schedule of Ratings-Mental Disorders.

Rockhound Rider

Edited May 5, 2009 by cowgirl

[john999]

I don't think you can get compensated for a PD under any circumstance. If you have some organic service connected reason for changes in personality that is not a PD. A PD is something that you are either born with or that is a developmental disorder. Personality changes are not a PD. Someone who gets a head injury and then starts to act strange is not a personality disorder case. The VA might try to say it is a PD, but it is not a PD. Back in the day, the VA used to say cases of PTSD were PD's and they also said people that had TBI's were PD's. If the VA carried the day on the PD issue the vet gets no compensation. You can have a PD and have a mental disorder superimposed on the PD.

[Pete53]

Its been my personal experience that Personality Disorder is not as frequent as VA lets on. My question is why doesn't military screen applicants better as a PD usually has shown up before 18

[Hoppy]

Berta,

The result of the focus that I was talking about would be the failure to apply the right diagnosis thus the code would have been wrong or wrongly not applied at all. I think the key is to show that the original diagnosis by military doctors did meet the diagnostic requirements for the 10% condition that rockhound had talked about before.

Then when the VA scheduled the C&P all of a sudden the C&P examiner brings up the PD issue. My thinking is to show that the PD diagnosis by the C&P examiner does not contridict or is not a direct argument againt the original diagnosis by military doctors. Thus, the condition at the time of discharge was not disputed by the C&P examiner. It might have been over looked by the C&P examiner. However, it is not a dispute.

As a result at the time of adjudication there was no dispute. The 10% symptoms stand on there own and the PD which was not identified in such detail to provide a rating would be a 0%. Thus, there is no confusion nor any dispute. The case I cited talked about evinence not being disputable. Finally the result is that the correct code was not applied.

If there is disputable medical evidence I am afraid that they will turn it into a question of weight given to the evidence.

The thing that p's me off is that people can see a VA shrink or a private shrink for years and the PD is never brought up by the doctors. Then all of a sudden the veteran sees a C&P examiner for a 1/2 hour and the C&P examiner comes up with the PD. It sounds very suspicious to me. Somebody should seek a federal injunction or case decision preventing the VA from using a diagnosis that was changed or finding a new diagnosis of PD during a single C&P exam with no psychometric testing.

We all know how with continued examinations these C&P's can be trashed. The problem is that many veterans walk away from paper trail fights fights. It was VA BS in rockhounds case and many others.

Edited May 6, 2009 by Hoppy

[Rockhound]

Rock, did the VA doc diagnose you with "a post traumatic cognitive personality disorder CYES) or rather DSM IV (DC) 310.1 Personality Change Due to a General Medical Condition, as a result of the cerebral concussion with frontal lobe involvement." (ths is the DC that would be used to file a claim under)Sounds like you have a clear diagnostic statement and a medical provider that supports you.

If so, does it state a nexus for service connection? (YES) I don't recall if you have sc for this diagnosed condition yet. (this is very recent findings, based on the Neuropsychological tests I took and with the Neurologist concuring more or less to the diagnosis, plus a prior Psychiatrist did a survey and stated that I did not meet any diagnostic criteria for a personality disorder per the DSM)

What you posted seems clear and wfm. If you are service connected for pd, it may be that you can apply for an increase based upon what seems like a corrected diagnosis and request earlier effective date for the same. Also, it would help alot if DSM in effect at that time reads similar for the diagnosis. Just thinking that the first part of that diagnosis ties directly into what PD stands for, imho.

Best to ya, and yer cat!

Cowgirl'up2009