ptsd Destroyed Records

[jsdwd]

I have received my rating decision letter and am still digesting it. One of the things I've noticed is that no account seems to have been taken of psychological treatment I received for nearly four years by a private psychologist. The C & P examiner noted this Treatment, but it was not mentioned in the Rating Decision Report. I paid him cash so there is not insurance record (I didn't want psychological treatment in my files which would be available to prospective employers). The psychologist died and the custodian of his records (also a psychologist I know) destroyed records once they were seven years old. That included mine.

Am I wasting my time in trying to get the reviewer to take note of this treatment. PTSD, alcoholism and the symptoms arising from those was a primary topic of many of those sessions, but the only source for that is me.

What's the best way to go about this? I'd ask my VSO but don't have a lot of faith in him at this point.

Thx. This board is a Godsend.

Edited July 21, 2009 by jsdwd

[sharon]

File for your Alcoholic Cirrhosisas secondary to your PTSD. At the same time file your claim for individual unemployability. Also send in your report from Social Security. Focus on that which you wise to attain!

[jsdwd]

If you were on medication, such as prozac, there should be records of these prescriptions being filled. If you did not file for benefits until after that, it may not matter, other than an IME. You may well get an IMO from the psychologist who said he destroyed the records. Just a suggestion.

Have no taken SSRI meds because of liver concerns. Did not go to psychotherapy because it is only minimally covered by Medicare, my only insurance. They only pay 50% of their discounted amount. A shrink billing $100 for an hour (not unreasonable) ends up with a little over $35.

[jsdwd]

Spoliation .

Isn't that a crime?

I'm pleased that I got rated and grateful to getting what I am going to get, BUT it seems that the 30% is not based on the documentation or the exam or the facts of the case, but rather a strategic attempt to delay or deny.

I'm not even sure I can apply for TDIU. Don't you have to be 70% with more than one rating and with the highest one being at least 40%? If so, the 30% low-ball doesn't meet those criteria. Is there something I'm not aware of?

So (at best) I appeal the 30% and get bumped to 50% or 70% and then I can apply for TDIU. Meanwhile how many months will pass before I see a dime? Maybe I'll do them a favor and die. Do I start a new claim for the Cirrhosis as one person has suggested or make it a part of the appeal of the 30%.

There is no doubt that I am totally disabled and unable to work. That has been true for years. The VA, in their rating letter, acknowledges that the root cause of that disability is service connected ptsd. That is what their examiner found. That is what my psychiatrist said. What more is there to know?

[jsdwd]

File for your Alcoholic Cirrhosisas secondary to your PTSD. At the same time file your claim for individual unemployability. Also send in your report from Social Security. Focus on that which you wise to attain!

Can I file for IU? I thought you needed a rating of at least 70% to apply.

[sharon]

38 CFR 4.114

7312 Cirrhosis of the liver, primary biliary cirrhosis, or cirrhotic phase

of sclerosing cholangitis:

Generalized weakness, substantial weight loss, and persistent jaundice,

or; with one of the following refractory to treatment: ascites, hepatic

encephalopathy, hemorrhage from varices or portal gastropathy

(erosive gastritis)......................................................................

......................... 100

History of two or more episodes of ascites, hepatic encephalopathy,

or hemorrhage from varices or portal gastropathy (erosive gastritis),

but with periods of remission between attacks................................................... 70

History of one episode of ascites, hepatic encephalopathy, or hemorrhage

from varices or portal gastropathy (erosive gastritis).......................................... 50

Portal hypertension and splenomegaly, with weakness, anorexia,

abdominal pain, malaise, and at least minor weight loss.................................... 30

Symptoms such as weakness, anorexia, abdominal pain, and malaise...................... 10

Note: For evaluation under diagnostic code 7312, documentation of cirrhosis

(by biopsy or imaging) and abnormal liver function tests must be present.

Once your claim is adjudicated you should be rated at atleast 70%. Either way you can put in the claim in advance of the rating.

[carlie]

Isn't that a crime?

I'm pleased that I got rated and grateful to getting what I am going to get, BUT it seems that the 30% is not based on the documentation or the exam or the facts of the case, but rather a strategic attempt to delay or deny.

I'm not even sure I can apply for TDIU. Don't you have to be 70% with more than one rating and with the highest one being at least 40%? If so, the 30% low-ball doesn't meet those criteria. Is there something I'm not aware of?

So (at best) I appeal the 30% and get bumped to 50% or 70% and then I can apply for TDIU. Meanwhile how many months will pass before I see a dime? Maybe I'll do them a favor and die. Do I start a new claim for the Cirrhosis as one person has suggested or make it a part of the appeal of the 30%.

There is no doubt that I am totally disabled and unable to work. That has been true for years. The VA, in their rating letter, acknowledges that the root cause of that disability is service connected ptsd. That is what their examiner found. That is what my psychiatrist said. What more is there to know?

jsdwd,

Since the doctor (not a VA doc) that was the legal custodian of your medical records

waited the amount of time required by law to destroy your medical records

spoliation would not be applicable.

carlie