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GDavis9755

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I received a 30% rating for PTSD, I'm thinking of filing a NOD. Let me know what you guys think. Award letter states:I'm a combat vet with silver star, bronze star with V and purple hearts, so my testimony alone is sufficient as far as a combat stressor is concerned. I was able to reopen this case from one I filed in 1983 which was denied. The examiner stated all the causes of the PTSD This is were I'm having a problem with the rating. Quote "Overall, teh medical examiner diagnosed your condition as posttraumatic stress, and provided you a GAF score between 51-60". A few days later added "clarified his medical opinion, and included an opinion the condition presentsdepressive symptomology". They described the GAF score as where I should be rated. My problem again is, just what is between 51-60? Should I been given a certain GAF score and not just "between". They seem to know what the cut off is between 50% and 30% pretty well. It also states he didn't even have my medical records during the exam. Should I ask for another C&P and disagree with his 30% rating? Thank you all.

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I received a 30% rating for PTSD, I'm thinking of filing a NOD. Let me know what you guys think. Award letter states:I'm a combat vet with silver star, bronze star with V and purple hearts, so my testimony alone is sufficient as far as a combat stressor is concerned. I was able to reopen this case from one I filed in 1983 which was denied. The examiner stated all the causes of the PTSD This is were I'm having a problem with the rating. Quote "Overall, teh medical examiner diagnosed your condition as posttraumatic stress, and provided you a GAF score between 51-60". A few days later added "clarified his medical opinion, and included an opinion the condition presentsdepressive symptomology". They described the GAF score as where I should be rated. My problem again is, just what is between 51-60? Should I been given a certain GAF score and not just "between". They seem to know what the cut off is between 50% and 30% pretty well. It also states he didn't even have my medical records during the exam. Should I ask for another C&P and disagree with his 30% rating? Thank you all.

GDavis,

Thanks for the response.

I am glad to see your profile shows that at least you are 80 percent service connected, currently.

The reasons I asked you the questions I did is because your post states,

"Award letter states:I'm a combat vet with silver star, bronze star with V and purple hearts, so my

testimony alone is sufficient as far as a combat stressor is concerned."

Since you had these awards - VA is correct - your testimony along with these awards are

more than sufficient to establish a stressor and in my opinion when you filed for PTSD in 1983,

if you had a diagnosis of PTSD that claim should have easily been adjudicated as granted.

This is why I asked what REASON did VBA use to deny your claim for PTSD in 1983.

The word for word denial of the 1983 claim,(and/or earlier) is what you will need to know inorder to

figure out if a Clear and Unmistakable Error (CUE) was made.

1) This could mean an awful lot of retro money for you and your family.

2) If down the road you can wind up supporting the issue that PTSD

should have been granted back in 1983 and VBA winds up awarding 1983

as an effective date - then that would also offer you the 20 years of a

protected rating.

Most importantly - when you submit your NOD and be sure to do it on time -

I highly suggest you be sure to clearly NOD what ever effective date was awarded for

your PTSD.

You can't really specify in the NOD that you are claiming a CUE on this effective date

for the PTSD - because this decision has not yet become final.

But you most certainly need to NOD the effective date to CYA.

Until you can locate your old Rating Decisions that denied a claim for PTSD

and post word for word what they say, there is no way to know if a CUE was made.

But from the brief information provided there is no way to know for sure.

Please post the REASONS it was denied in prior Rating Decisions as soon as possible.

I do see that you also posted,

"They gave me meds to help with the anxity part. I was denied because they said I had no medical records saying I had the condition."

Do you have a copy of your claims file and copies of whatever records the doctors that put

you on medications for anxiety, was it a VAMC doc or private doc?

Did VA ever provide any C&P exams for mental health for you back then ?

If yes - you should be able to get copies of those C&P's.

They too will be very important in the possibility of getting an earlier effective date

back to 1983 for PTSD.

jmho,

carlie

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Sorry Carlie,

The wording from the denial letter is, "The post traumatic stress condition claimed by you is not shown by the evidence of record". Dated 4/13/83. From the C&P: The examiner gave diagnosis of personality disorder with passive/aggressive and hysterical traits, and blamed all my problems as a live-long pattern.

Hope this helps.

Gary

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Sorry Carlie,

The wording from the denial letter is, "The post traumatic stress condition claimed by you is not shown by the evidence of record". Dated 4/13/83. From the C&P: The examiner gave diagnosis of personality disorder with passive/aggressive and hysterical traits, and blamed all my problems as a live-long pattern.

Hope this helps.

Gary

Gdavis,

If that is truly what is stated on the C&P exam (by a MH doc) that's like a death sentence to a VA claim for this disability.

Where you have posted,

"Dated 4/13/83. From the C&P: The examiner gave diagnosis of personality disorder with passive/aggressive and hysterical traits, and blamed all my problems as a live-long pattern."

Is this what is stated in the Rating Decision or do you actually have a copy of the C&P examination results

in your possession ?

I ask this question because it is of importance as to if the decision maker concluded on their own that this is what the examiner is stating

or whether if this was truly stated by the C&P examiner.

carlie

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Do you have any other records in the 1983 case that describe PTSD symptoms that were before the VA at the time of the denial. You might have enough for a CUE since your DX from VA is absurd.

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You can't beleive what they said. They seemed so hostile towards me in the rating decision. They called it post-traumatic stress neurosis back then. The clinic consultation gives impression of veteran having a personality disorder. This for the one time stated from an appointment 2-20-81. On current VAE, veteran claims to have a nervous condition, describing nightmares and fear that he may act violently, having difficulties sleeping; all this after 10 years after being in Vietnam. Wants rehabilitation training, but can't get this training while employed at the Post Office. Veteran complains of rapid mood change and aggressive behavior, generally being withdrawn from other people, complaining of problems with history of alcohol and marijauna abuse.!! According to his records, the aggressive behavior and rapid mood changes are lifelong symptons and patterns. Folks, I almost forgot why I stated away from the VA all those years. Reading this report today just pisses me off. Get rid of the scum and blame all these problems on mom and dad. Veteran generally seemed evasive and guarded throughtout with a superficial veneer of cooperation. Underlying hostility and belligerence was easy to see, some restless motor behavior and some generalized anxiety was evident. Examiner gave diagnosis of personality disorder with passive/aggessive and hysterical traits. Folks this was just about all my C&P from 1982. So I took care of myself the best I could as was expected for 30 plus years.

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