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

[Berta]

"No,the first time i was denied was 15 years ago,they never gave rational for there denial. "

Do you have a copy of that decision?

Have you checked your C file for it?

Also have you applied for TDIU?

They might (and SHOULD from what I see here)award you 100% SC right off the bat-they MUST take the SSA records into consideration (Washington V Derwinski)

If they lowball you we can help there-

I wonder if the committed a CUE in the older decision.

If no Reasons or bases for denial something was drastically wrong.

[SLEDGE]

Depending on what the VA regulations stated when the VA gave you your first denial, not telling you WHY they denied could be a CUE.

How could you have filed a substantive 'notice of disagreement' (NOD) when nobody told you what you should disagree with?

Again, depending on the VA regulations and court precedent, that lack of information might have left your claim OPEN.

If not still open, the denial was never explained to you,

so you could not properly or timely NOD the darn thing.

(A typical VA ploy to encourage a veteran to just drop the whole thing.)

"was to scared of what was in pill,i declined so it was easy for the board at the time to give me general discharge with non compensatable disorder.BIG MISTAKE I MADE.Hopefully before i die i will get this thing.Thanks Hoppy."

The refusal to take medication might be listed as a major symptom of schizoaffective disorder in your case.

(I feel fine, therefore, I must be fine.)

That will involve an 'outside the VA' doctor.

On the other hand, simply telling you of the denial could be cause to initiate the NOD without any explanations at all.

That would kill your earlier effective date.

Hopfully, one of our better researchers can clear this up.

I'm leaning toward still open.

sledge

[john999]

Is disturbs me when I see vets who are mentally ill being discharged for non-medical reasons like PD's. It makes it harder for the vet to get SC'ed and it is a way for the military to save money at the expense of the vet. Basically, a PD discharge is a slander if it is not true. Now that it has been over 15 years since discharge it is harder to get the discharge changed to what it should have been even with good evidence. You should have been getting benefits from the day you were discharged. I bet many thousands of Vietnam era vets were discharged as personality disorders who had PTSD and other mental health problems. Now that is real fraud.

[Pete53]

A clerk at the VA in Waco decided that even though Medical evidence was there that I had Panic Disorder that it was a personality disorder. For anyone that has been set aside by the VA claiming you have a personality disorder ask the VA what the diagnostic code is and than review the symptom. More than likely you can put that white elephant to bed right than and there although it is possible to have a personality disorder and also a service connectible Mental Disorder

I hope that I made some kind of sense here.

[Hoppy]

Below is an argument I previously wrote for a veteran. We are still battling. I have a psychologist

who has worked at a VA for 20 years back me up on these arguments. The VA psychologist I

work with has been performing C&P’s for over ten years. She likes the way I write so she listens

to what I have to say.

_______________________________________________________

The C&P clinician found it difficult to justify an ongoing life long struggle obtaining and retaining

employment with a diagnosis of panic disorder. The C&P examiner advanced an explanation of

the employability problem as the result of a personality disorder NOS. Although the patient had

been evaluated at both the VAMC in La Jolla and Mission Valley the reports reviewed by me did

not identify a personality disorder diagnosis made by treating clinicians. It is my opinion that lifelong

difficulty obtaining and retaining employment can be explained both by a diagnosis of

personality disorder NOS and untreated panic disorder. The Veteran first developed panic

disorder in his early twenties while on active duty. Based on the reports of record and

considering the reality of this patients long term untreated panic disorder any symptoms

interfering with employability cannot be isolated as due to a personality disorder NOS.

Personality disorders can be diagnosed when manifested by a lifelong pattern of action or

behavior. However, the known onset of panic disorder in the early twenties which went untreated

makes establishment of a lifelong pattern that can be attributed to personality disorder

speculative.

Edited May 30, 2010 by Hoppy

[john999]

What I really hate is when a C&P examiner asks those leading questions that point a DX in the direction of a PD. If a vet is not experienced they may answer some of these leading questions in a way that can be interpreted to sound like a PD. For instance, if exam doctor asks if you ever experimented with drugs or got into a fight in high school. Did you ever argue with your parents? The kiss of death is have you ever been arrested for anything. You just bought yourself a PD diagnosis of "sociopathic personality disorder".