C+p Examiner

[aidenspapa]

SHE STATED IN HER C+P EXAM THAT MY SCHIZOPHRENIA/SCHIZOAFFECTIVE DISORDER WAS FIRST DIAGNOSED IN THE SERVICE AS PER THE SERVICE MEDICAL RECORDS.THEREFORE THE PERSONALITY DISORDER THAT THEY POSTED IN MY SEPERATION PAGES WAS INAPPROPRIATE( THIS IS THE VA C+P EXAMINER STATEING THIS)I WAS DENIED IT IS GOING TO DRO SOON,DO I HAVE A LEG TO STAND ON ACCORDING TO THE C+P EXAMINERS OWN REPORT,I WAS OFFERED SERVICE CONNECTION FROM PSYCH DRS IN USMC ON THE GROUNDS I TOOK MEDS.I REFUSED MEDS,YOUNG+STUPID.SO THEY PUT ME DOWN AS PERS DISORDER=NON COMPENSATIONAL.THANKS FOR FEEDBACK

[Hoppy]

What is strange about this claim is that the evidence in the SMR is so strong that the C&P doctor could not challenge the inservice onset of panic disorder. So the examiner "invents" the PD diagnoses to confuse the issues and offset a high rating. I think there should be a personality disorder diagnosis for clinicians who "invent" PD diagnoses to cheat veterans out of there benefits. We can call it the borderline Bulls--t anti compensation diagnosis disorder.

We actually got the C&P examiner to agree that the SMR from the 70's meets the DSM IV requirement for panic disorder without any current interviews withn the vetyeran.

Below is the requirement that the VA uses to establish PD that we are pre-empting

Personality disorders, which are characterized by developmental defects or pathological trends in the personality structure manifested by a lifelong pattern of action or behavior, or other psychiatric symptomatology shown to have existed prior to service with the same manifestations during service, which was the basis of the service diagnosis, will be accepted as showing pre-service origin. Personality disorders are not diseases or injuries within the meaning of applicable legislation for VA disability compensation purposes. Carpenter v. Brown, 8 Vet. App. 240 (1995); 38 C.F.R. §§ 3.303©, 4.9 (2009).

Edited May 30, 2010 by Hoppy

[Hoppy]

For the record the C&P examiner specifically stated that the veterans unemployability is due to a personality disorder that pre-dated the military. Unemployability was not shown to exist prior to entry into the military. The veterans social security records show increasinly higher earning from the time of high school until entry into the military.

[aidenspapa]

For the record the C&P examiner specifically stated that the veterans unemployability is due to a personality disorder that pre-dated the military. Unemployability was not shown to exist prior to entry into the military. The veterans social security records show increasinly higher earning from the time of high school until entry into the military. No.it is actually inferred by C+p that i AM SERVICE CONNECTABLE

[Hoppy]

Sorry about the confusion. I was refering to another veterans claim.

[john999]

Hoppy

Since me, you and half a dozen hadit members were DX'ed with PD's you have a very good analysis of how to defeat that gimmick. Lots of people with PD's work and are able to function. Half the people that propelled us into financial meltdown have anti-social personality disorders and they run hedge funds.