I have just read my copy of my claim file for the umpteenth time. I came across the Staff Psychiatrist, Yes that means he was an MD, he stated in his Closing Summery, his evaluation and in part, pertinent records from my Medical Board Report.
It shows the possibility, that I as the patient had developed an endogenous Depression following my discharge from the service as well as the possibility that I may have a circular affective idsorder with the possibility of the I had in fact had a acut psychotic episode as related in my medical records.
another part of this report, I knew about, but the VA seemed to ignore: I will quote, "Due to the situational issue presented by this individual and the questionable diagnosis of his psychiatric evaluation provided by the VA, " Their is more, but you get the point.
Since this appears to be an error of how the evidence was weighed, I can not approach it that way, but I can show Cue for failure to develop the claim by pointing out which CFR's and other laws, rules, and regulations the VARO failed to consider
The main one I can think of, was when their examiners report, on whcih basis the claim was denied, is found by susequate findings, to be questionable, further develpment of the questionable evidence is in order. it must be returned to the examiner for clarification. If this cannot be done, then a new C&P exam is in order, at the very least. B)
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Guest Jim S.
I have just read my copy of my claim file for the umpteenth time. I came across the Staff Psychiatrist, Yes that means he was an MD, he stated in his Closing Summery, his evaluation and in part, pertinent records from my Medical Board Report.
It shows the possibility, that I as the patient had developed an endogenous Depression following my discharge from the service as well as the possibility that I may have a circular affective idsorder with the possibility of the I had in fact had a acut psychotic episode as related in my medical records.
another part of this report, I knew about, but the VA seemed to ignore: I will quote, "Due to the situational issue presented by this individual and the questionable diagnosis of his psychiatric evaluation provided by the VA, " Their is more, but you get the point.
Since this appears to be an error of how the evidence was weighed, I can not approach it that way, but I can show Cue for failure to develop the claim by pointing out which CFR's and other laws, rules, and regulations the VARO failed to consider
The main one I can think of, was when their examiners report, on whcih basis the claim was denied, is found by susequate findings, to be questionable, further develpment of the questionable evidence is in order. it must be returned to the examiner for clarification. If this cannot be done, then a new C&P exam is in order, at the very least. B)
Jim S.
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