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Review Exams

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jsdwd

Question

My original claim was rated at 30% for ptsd (a low rating given my C & P exam report, a GAF of 45 and another of 32, etc). I have appealed. I have also retained an attorney.

I have been scheduled for a second C & P exam (same examiner) this month (which will be about a year later. First exam 3/09 this one is sched. for 5/10.) I assume it is a ptsd review exam and not an initial one. Does this make sense?

Has anyone had experience with these review exams? Do the examiners pretty much stick to the script? (http://www.vba.va.gov/bln/21/Benefits/exams/disexm56.htm) The original exam did stick to the script for initial exams (http://www.vba.va.gov/bln/21/Benefits/exams/disexm43.htm)

Any surprises likely to be coming? My basic strategy is to be honest (as I was first time) and say nothing really has changed, which is the case.

What are the chances that the examiner has been told to produce a report more in keeping with the low rating? The initial report read much more like a 70% than a 30% even using the VA's own language.

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Why would your lawyer waive a hearing? A hearing is where you get to present your evidence and arguments to a DRO. Also, the things like family disruption, mood disorder and social isolation need to be linked to your PTSD. Otherwise, they could be seen as NSC issues that are the reason for your distress. Everything in a medical report to get IU for PTSD or any SC condition needs to make the link between the SC conditions and your inability to work. You also want to have the doctor rule out other NSC things that might be related to your inability to work. I went throught that deal. IU must be soley SC conditions.

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The lawyer filed a brief which puts forth the reasons for the appeal. I realize that IU must be linked to SC conditions which is why the examiner's statement is so important. Also I didn't quote the entire report. The linkage between family disruption, mood disorder and social isolation is linked in the report. The basic history is that before Vietnam I was basically a normal person with no issues of distress and that changed after RVN. I have a wife-support letter (not mentioned by the rater) that traces that chronology and makes that exact point.

My 'buddy' letter was not mentioned nor is the letter from my ex-wife. What can a person do about that?

Why would your lawyer waive a hearing? A hearing is where you get to present your evidence and arguments to a DRO. Also, the things like family disruption, mood disorder and social isolation need to be linked to your PTSD. Otherwise, they could be seen as NSC issues that are the reason for your distress. Everything in a medical report to get IU for PTSD or any SC condition needs to make the link between the SC conditions and your inability to work. You also want to have the doctor rule out other NSC things that might be related to your inability to work. I went throught that deal. IU must be soley SC conditions.
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