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Rebutting Prior Diagnosis In Upcoming Claim



In an upcoming claim I am presenting, the major diagnosis for which I am using to claim a current disability, will most certainly rebut a prior diagnosis that was used as an alternative diagnosis in which the VA used to deny my original claim. It's as if I have come full circle on this matter. I will try to spell it out.

1) Original diagnosis while in-service was for an Acute Schizophrenic episode, in remission, noting at the time he had moderate impairment of future social and industrial adaptability/

2) While an impatient hospitalized for the psych problem, I fell, resulting in a Nasal Bone Fracture and minor concussion with EEG findings confirming this fact. more later

3) Submitted first claim to VA in 1973 upon medical and honorable discharge from the service. C&P examiner noted in 1974 that in his opinion I had a personality disorder. This was then used to mean the original diagnosis of a Psychotoc episode was in error and the personality disorder was a correct of it. The VA then denied my claim for a psychiatric problem, claiming it was instead a personality disorder and not subject to compensation.

4) Back to the broken nose and concussion. the broken nose was rated at 0%, and the concussion that resulted from it was denied, saying nothing was seen on last exam, not even commenting on the continued EEG findings while in-service and they didn't even give me another EEG test to confirm or deny the continued abnormal findings.

5) First reopen claim in 1979 with a mental health summery report from a county mental health facility that stated in that they found the personality diagnosis as questionalble. Of course this claim to reinstate the original diagnosis was summerialy denied, no C&P given, even though I had made a request.

6) Here is the kicker, current findings along with all the previous evidence helping to suppor this, found that instead of a personality disorder, I suffered instead, a Post Traumatic Organic Personality Disorder in the form of a Mental disorder due to a medical condition, ( to include a personality change due to a medical condition)

This final findings in (6) rebuts the personality disorder when the neuropsychological tests supported by my past exams and tests was found in error and state in the current finding that if I did have a personality disorder, it was more likely that I had an Post Traumatic Organic Personality Disoder due to the in-service head injury with a concussion showing frontal lobe brain injuey. It is further shown that at no time was this person diagnosed or otherwise shown to have had a personality disorder, documented by personal and in-service personel records, and/or medical records, prior to the head injury he suffered while in the service and after his psychotic episode.

Rebutting a prior diagnosis is big time for me, but in doing so, the question is how to use it with out right calling it CUE. It is very much implied with the rebutted diagnosis, but I'm sure the the CUE issue is going to come up and they may stall my whole claim up for that reasoning alone. The VARO does not like to mess with CUE claims or anything that smacks of it and they will probably denie my claim and make me take it to the BVA, further delaying my claim, which I feel is amply support and should be approved on its merits alone.

Am I crying over spilt mile before it spills or am I looking at a can of worms that was left open for all of them to excape?

Rockhound Rider B)

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  • HadIt.com Elder

Forget the CUE for now. Focus on getting IU or 100% based on what you can prove now. Don't mention CUE or bring it up to the VA. You will end up on a long chase and if you don't hire a lawyer who believes in your claim you won't live long enought to win it. You got your foot in the door, and now you have to break it open with what you got now. The CUE hunt is a good thing if you have your IU or 100%, but I would steer clear until I had IU in the bag. It is too risky.

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I know this is confusing and my mental capability to explain it goes to part of my problem I guess.

I went to see a neurologist who was a specialist for TBI screening, but at the time this type of screening was limited to those injured in combat from Irac and Afganistan, but he did defer to the psychologist PHD who did my neuropsychological tests with her findings, although I wished he had elaberated more in his progress notes. He did however associate my head aches as Post Traumatic Head aches for which I will be filling a clain under Mirgraines.

It's just that if I win my claim for Post Traumatic Organic Personality disorder, claim as mental disorder as a result of a medical condition (to include personality change due to a medical condition) Then the process of doing so will Rebut the prior diagnosis of a perseonality disorder, inadequate type.

Having Rebutted this prior PD diagnosis, then the Diagnosis was made in error and the diagnosis for which it replaced, shouldn't it be re-instated for rating purposes?

If I use the CUE card using todays evidence, then I will loos all of my EED benefits from 1973/74

I want to do this right, so I can CUE them using 1973/74 evidence and such so as to save my EED. The messed me over back then and now I have the prood, but it can't be used as evidence if I want to keep my EED of 1973/74.

It has taken me 35 plus years now to rebut the PD diagnosis and on principle alone I want them to pay for that error, I don't care so much for the money or how much it might be, I want the VA to recognise the mistake and put it in writing.

Rockhound Rider B)

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