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

[Wings]

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I believe that, the 1974 VA Adjudication of his Claim for a psychiatric disability which severed his 0% service-connection was CUE. ~Wings

Once service connection has been granted, the award of service connection will be severed only where evidence establishes that the original grant of service connection was clearly and unmistakably erroneous, and only after certain procedural safeguards have been met (38 CFR 3.105(d)).

[Rockhound]

Wings: LoL Your preaching to the chior of one, me. I've been saying this ever since I came on line with hadit. I've always had the problem with rebutting the personality disorder that the VA Rater used as an alternative/correction of the psychiatric disorder. Now with this new evidence, I'll be able to finally rebutt those findings, which had no evidence to support it in the first place, but you know the VA, deny, deny until you die.

Rockhound Rider

I believe that, the 1974 VA Adjudication of his Claim for a psychiatric disability which severed his 0% service-connection was CUE. ~Wings

Once service connection has been granted, the award of service connection will be severed only where evidence establishes that the original grant of service connection was clearly and unmistakably erroneous, and only after certain procedural safeguards have been met (38 CFR 3.105(d)).

Edited May 6, 2009 by Rockhound

[Berta]

Hoppy- this is something I am presenting to the Chairman of H VAC this month-since he doesn't have to help with my claim.

I have griped about these C & Ps for years and need to do something aggressive about it-

I have had numerous C & Ps done for claims since my husband died and they all were deficient.They are prime facie evidence that reflects what so many of you put up with- and it is completely unfair.

The problem with a PD diagnosis is- to combat it-

there must be a diagnosis that rules out PD and defines the disability a different way.

This involves the original med recs for the PD diagnosis and a medical opinion from a real doctor who can assess the entire clinical record and support findings with full rationale that the PD diagnosis was medically incorrect.

It has been done.

Edited May 6, 2009 by Berta

[john999]

When you go for your C&P exam and the doctor tries to lead you back to your childhood, teenage years, family situation you can bet that he is searching for a way to find reasons to make a PD diangosis. If like a million other guys with mental health problems you admit to using alcohol or drugs that is one more reason the doctor has to come up with (PD) drug dependent personality, or anti-social personality. You only realize these things after you have been screwed. Military doctors used to just slam you with PD and then you get kicked out and have a hell of a time getting compensation.

[cowgirl]

Rock, is what Wings posted true? they severed your 1974 psych disability? Well now its seems like you have a 'firm' diagnosis for treatment and compensation. I am so glad you are here at Hadit, plugging along to get whats due, even overdue for all those years.

Don't recall if you have a vso helping. Whats their understanding for a CUE? for the record, when I mentioned CUE at vso's office, everything went stone silent. Instead of Cue, went for increase with eed; that worked.

John, You said the truth here. My initial c&p exam was a horrible experience. The whole thing caused, causes me depression and anxiety to this day. The exam was way back when before I found Hadit. If there was a way after all these years to 'discredit' the hurtful comments and skewed exam notes, I would do it in a heartbeat. (childhood, teenage years, family, did yer Mama love ya, etc.)

Shivers - although my diagnosis with PD was assigned within 12 months after discharge, I would have been better served by the VA to be treated for the MH conditions identified in my SMRs. Odd, not a single MH condition listed was PD! Go figger!

Sure wish I could warn other veterans of how the PD diagnosis slews much needed medical help and benefits. Really, in my opinion families, lives and marriages could be saved, salvaged or treated for more 'definitive' diagnosis than a PD onesizefitsall special.

A true waste of my time, the VA's money in hiring the 'Dr.' and accepting a report that has no meaning - no future treatment recommendation - no help for what ails the veteran and thier family. If the VA wanted to help a veteran get or stay healthy enough to be productive citizen, then WHY doesn't a veteran have a comment page for each and every compensation examination? To answer my question, probably be a bias against truthful feelings on how it went. No compensation then, ha.

best to ya,

cg'up2009!

When you go for your C&P exam and the doctor tries to lead you back to your childhood, teenage years, family situation you can bet that he is searching for a way to find reasons to make a PD diangosis. If like a million other guys with mental health problems you admit to using alcohol or drugs that is one more reason the doctor has to come up with (PD) drug dependent personality, or anti-social personality. You only realize these things after you have been screwed. Military doctors used to just slam you with PD and then you get kicked out and have a hell of a time getting compensation.

[Rockhound]

Rock, is what Wings posted true? Not sure, they severed your 1974 psych disability? but if I left the Navy with a diagnosis and it was given a 0%, then yes they did. Well now its seems like you have a 'firm' diagnosis for treatment and compensation. I am so glad you are here at Hadit, plugging along to get whats due, even overdue for all those years.

Don't recall if you have a vso helping. Whats their understanding for a CUE? for the record, when I mentioned CUE at vso's office, everything went stone silent. (DITTO!) Instead of Cue, went for increase with eed; that worked. Even the people at the VARO look at you funny, you can just see the wheels turning in their heads wondering what you mean. LoL

Cowgirl, I started anew with my claim actions in 2004, first thing I did was apply for a NSC pension so I would have some money coming in, then I applied for SSDI and got that. I couldn't get anywhere with my major claim, so I went for the easiest, Fractured Nasal bone with Deviated Septum due to Trauma, worth only 10%, but it gave me some breathing room, now I'm waiting on a claim for secondary problems due to the fractured nasal bone award. If that is approved, then It will either bring me up to 20% or 30% each condition I claim has a self limit of 10% each, so if I only get one, that gets me to 20%, but if I get the other two, it will bring the total in VA math to 30%, which gives me enough to make it through the winters here without going into debt each time.

Once this claim is in the bag, I can get down to the major claim with my new evidence and hopefully, when it is approved, I'll be able to go for at the very least, TDIU.

I'm not counting any apples yet, just showing how if you pick at the VA, you will eventually get their.

Rockhound Rider

Edited May 7, 2009 by Rockhound