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Unsure About Ptsd Claim

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westcoastlv

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My husbad was in the Persian Gulf. His DD214 shows Combat Action Ribbon and Southwest Asia Service Medal w/bronze Star, Kuwait Liberation Medal Saudi Arabia and Kuwait. We have recently (July 2010) filed a claim for PTSD. We have received the VCAA notice, and a letter stating they are still working on the claim. We have a service rep at the VAC who told us that the next letter to expect is to schedule the C&P Exam.

About 5 years ago my husband was diagnosed with BiPolar Disorder by a private psychiatrist. He has been taking medicine for it ever since. Little did we know at the time that the symptoms for Bi Polar and PTSD are very similar, with the exception of the stressor. The private psych didn't ask about any stressors, and we didn't even think there was a connection to the Gulf War. After some research and long thought, we started to pinpoint when my husbands behavior actually began to change. This 'disorder' began during his shore duty, after his time on the ship. He has just started seeing at VA pysch, and we told her about the PTSD, but also had to mention the bipolar (which we said was a misdiagnosis) so that he could keep on his meds. We obtained a copy of his first and only visit with the VA pysch and she mentioned the PTSD and bipolar, had a GAF of 65, and stated that there were some other mental health issues. This has been requested and received by the VA Comp as well. It did not give a definitive diagnosis of PTSD. We have NOT sent any private pysch clinic notes. I spoke with my husbands previous private pysch, and he agrees that his issues are most likely PTSD, but has no notes to that effect because the stressors were never discussed, and he based his diagnosis on what we told him had been previously diagnosed. We have another VA appt tomorrow, and I am thinking that we should stress the PTSD (at least to get it in her notes).

The VAC service rep said that we would most likely get 70% for the PTSD because of the Combat Action Ribbon, but I am concerned that is may not be such a slam dunk. My husband is in desparate need of a rating because he is unable to work. He has an extremely hard time coping with life, even with the medications.

My questions are: should we request that the VA pysch give him a complete PTSD evaluation tomorrow? How does the civilian diagnosis of BiPolar affect the PTSD claim? Or, will this all be resolved in the C&P exam regardless of previous diagnosis? Should we also go to a private pysch and request the PTSD evaluation?

I have written a letter about how my husband's life has been affected by this, and also a letter from him. Who do I show these to?

We've requested other ratings as well: Tinnitus, Bilateral Hearing Loss, and Elbow.

Any advice or insight would be helpful.

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We've already spoken to a VA Mental Health Doctor, explaining the history and GAF. We will be seeing him soon, and if he agrees, he will write a letter of disagreement. I will then submit that to the VA. We are hoping they will acquiesce to their low-ball rating, and grant the 70% and TDIU P&T or, prayerfully 100% P&T.

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We've already spoken to a VA Mental Health Doctor, explaining the history and GAF. We will be seeing him soon, and if he agrees, he will write a letter of disagreement. I will then submit that to the VA. We are hoping they will acquiesce to their low-ball rating, and grant the 70% and TDIU P&T or, prayerfully 100% P&T.

Great, I'm sure that will help alot. It also wouldn't hurt to have that statement from the NP signed off by an MD where he/she works.

!!!BROKEN ARROW!!!

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Now I'm really looking for some help here. In past posts, I mentioned that my husband just received his rating decision. We disagree witht he 50% for PTSD. He has since seen a VA Psychologist, rating decision in hand, and has now received a 'rebuttal' to the decision whereas the VA Doc states his opinion my husband should be 100% P&T. In the letter, the doctor states that the VA has made some CUES, lists what they are and the reasoning.

My question is: Should we file a NOD, or a CUE. This is the first decision ever, there have been no appeals, we just got the rating and we disagree with it. I was reading up on CUE and it seems very daunting, and has to be worded just right. Even though the rebuttal letter lists the CUES, I am concerned about this process. We do have a VSO, but he is extremely busy.

So, any advice would help in the decision to CUE or NOD.

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I know a little off topic but;

If you live near a military base that uses the 10-point vet pref, you being his wife, can claim the 10 points. I'm rather sure from all the talks with a lawyer that handles VA claims you should file a NOD. You'll still receive the 50% for now and the back pay.

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Now I'm really looking for some help here. In past posts, I mentioned that my husband just received his rating decision.

We disagree witht he 50% for PTSD.

The Rating Decision will state specifically why the evaluation for PTSD is 50 %,

and more likely than not why a higher evaluation was not awarded.

What exactly is stated in the Reasons and Bases Section ?

He has since seen a VA Psychologist, rating decision in hand, and has now received a 'rebuttal' to the decision whereas

the VA Doc states his opinion my husband should be 100% P&T.

In the letter, the doctor states that the VA has made some CUES, lists what they are and the reasoning.

What is the pedigree of the VA doc - the initials after their name ?

What exactly does this rebuttal letter state in writing ?

My question is: Should we file a NOD, or a CUE.

At this moment don't do anything yet, such as filing a NOD.

None of your issues are ripe to submit anything for CUE yet.

This is the first decision ever, there have been no appeals, we just got the rating and we disagree with it.

First we would need to see why you disagree and what you have that would support a higher evaluation.

I was reading up on CUE and it seems very daunting, and has to be worded just right.

Even though the rebuttal letter lists the CUES, I am concerned about this process.

There is only a very slight chance that the doc that wrote the rebuttal letter has much knowledge

on what CUE is and isn't.

I'm very interested in reading the rebuttal.

Carlie passed away in November 2015 she is missed.

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