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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Ptsd - Va Does Not Recognize Private Diagnosis

Question

I was Diagnosed with severe PTSD with panic disorder, social/work impairment and personality disorder one year ago by a private psychologist. <br style="mso-special-character:line-break"> <br style="mso-special-character:line-break">

I have been unable to work since that time due to PTSD and other medical conditions. Although I have been suffering with the symptoms of PTSD, for a long time, and out of the service since 1999, I have just recently filed a claim with the VA for my PTSD.

I had my C&P examfor PTSD in March. It went as such:

I was greeted with a typical 'how are you' when meeting the examiner. Then, the examiner said that he thought I was an army vet, to which I stated "no, I was Navy". The examiner asked a variety of questions, including "do you have a stressor"? - to which I responded "yes". Note: the examiner never asked me to elaborate on my stressor during this exam. After approximately 110 minutes with the examiner, the exam concluded.

I requested and obtained a copy of the C&P exam by mail a few weeks later. I noted that the answers I gave were not those that the examiner recorded, but were mostly the opposite to the answers I gave during the exam. The C&P examiner's results stated that I do not have PTSD because I do not meet the DSM IV criteria for a PTSD diagnosis. However, my daily condition supports nearly all the affects and symptoms of PTSD, and my private psychologist confirms this in his diagnosis.

Although I was not involved in direct gunfire, I am a combat vet, and have several stressors that were considered life threatening.

My questions:

1) Will not having a diagnosis of PTSD by the C&P examiner stop my claim for PTSD regardless of the supporting evidence?

2) Seeing that I was given a C&P exam for PTSD, does that mean that my stressor was accepted?

3) Does branch of service stressor play a role in whether one is diagnosed for PTSD by the VA? If so, how?

4) Is it possible to get another C&P exam for PTSD before my claim moves to the next stage?

This C&P exam has me believing that the examiner failed to look at private medical records, and made everything up. I sure don't want a denial based upon a bogus C&P exam.

Thoughts..

Apples

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Obviously, you will need to file a notice of disagreement.

It is possible to get the VA to do another C&P. Without knowing all the circumstances, I'd be at a loss as to the best way to get such a thing done.

Actually, if a C&P examiner files such an "untrue" document as you describe, the examiner has potentially defrauded not only the veteran, but the government as well.

There are ways to file a complaint, although getting it addressed can be quite a problem.

I did personally encounter some discrimination against the Navy in the process of VA fighting denials. Mainly, it was a VSO or a lawyer that did not want to take a claim/case based upon Navy service.

To some, all Navy Vietnam veterans are "Blue Water" veterans.

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If C&P examiners found everyone disabled, they'd be out of a job.

So- obviously, they are biased.

I, too, have seen records that made me think they were for another veteran.

Submit all of your evidence for PTSD as your best legal argument.

Good luck! :smile:

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I do think the VA is trying to limit the number of claims for PTSD. The word has come down that unless a vet meets all the criteria he/she does not have PTSD. Nobody meets all the criteria. Leaving the VA in charge of DXing PTSD is like putting the fox in the henhouse. The are going to stall as long as they can because they save money. Even if you win on appeal they have been able to hold onto your compensation for a couple of extra years.

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is this familiar

I got SW Asia Service Medal. (Not accepted evidence of PTSD)

What I have are actually ship's logs that place the ship at a certain date. I back the ship's logs up with evaluations etc. that cover that period. (Where is the stressor.....????)

I also have specific surguries with medical evidence that place my body at a specific place. Those did not occur in a combat zone, but i'm hoping that being a combat vet overrides this. (Forget the "combat veteran"....you did NOT see or engage in any combat)

My stressor was not specifically a navy combat, but all service. It was during the first gulf war. where there were wide-spread exposure to bio and chemical hazards in the Persian Gulf. I had transport duties to and from airports and various other destinations in the area, which exposed me to many hazards. It was considered a combat zone similar to today's war in Iraq. (You will need verifiable exposures and very specific incidents.....otherwise you are pissing up as rope and into the wind)

I have read that stressors can occur anytime during service. Not just during combat. (They can indeed....but where are these stressors? Not trying to bust your chops, but thus far, you asked questions and provided no specifics, other than you served aboard ship and had no combat, yet insist you are a combat vet?....Get specific or we cannot address this!))

you can change names but the facts still are the same

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It is because the New PTSD regs were skillfully worded to f--- PTSD veterans.

Please read my posts here on the new regs and the challenge before the court to them.

This is a good reason why vets should take the time to check out any proposed VA rules and regulations at the Federal Register site.

Although vets, advocates, lawyers, etc griped about this part of the regs as to only a VA MH can diagnosis, I dont think there were much more than 600 comments on this unfair new regulation.

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