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B478

Cue? Symtpom Was Not Evaluated

Question

I have looked over my first disability claim in 1991, I saw that I claimed memory loss and black outs in my "frequent black outs" "loss of memory" on the Report of Medical Examination for Disability evaluation, which was received prior to the exam. A complete general medical examination was requested.

In the C&P exam the doctor notes frequent black outs and loss of memory, also states, In the remarks also it talks about how it appeared that I was required to do more than what would be expected to do, and that I would not discuss my injuries or problems while in service,

The decision does not say anything about the loss of memory or black outs, there was no decision on them.

Prior to my discharge i was seeing mental health, they had diagnosed me with Adjustment Disorder, however mental health relied on what my squadron said when I saw them. I had been back in country for only a week from deployment to Saudi Arabia and had been seeing mental health in Saudi for the last two months of the deployment (which was cut short for medical rotation out for my Military Working Dog). My mental health records from Saudi they "lost" but in my medical records is shows the consult.

Now I know that I was misdiagnosed and it should have been PTSD, if I had the mental health records from Saudi I am sure that is what they would say.

I was given a C&P for PTSD years later in 1998, by mistake and it actually states on the decision that it was a mistake and the doctor noted that the symptoms I had historically and then been experienceing would be service connected if I was treated for that in Saudi (lost records, thanks Air Force). The date it went back to was the informal date of the exam.

Question, since the exam was supposed to be general, I had stated the loss of memory and black outs, it was noted by the doctor in the C&P and the black outs were noted in the confirmed rating decision, but there was never a decision made for them, is this a CUE? Also prior to the rating decision there was another statement in support of claim which states "as the SFVARO is aware, due to the emotional state I was in at the time of my VA examination appointment, I was unable to assist the examining physician."

My understanding of the general medical exams was to look over the whole body and to focus on the items which are noted, since there was notation of the symptoms from me to be looked at for disability reasons (the report of medical examination) but there was never a decision on them, isn't that a CUE? With the mental health history and then the symptoms being noted from me and from the doctor and from the RO (in the confirmed rating decision), shouldn't I have been given a special examination for mental health? I know the opinion of the doctor who did the exam is not a CUE, what about the procedure for a complete exam when there is reference to the symptoms but no decision made on them?

If not CUE, then can I reopen?

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Welcome to hadit.com

From what you have posted, I do not see any reason for a claim of CUE.

When were you separated ?

Your profile shows 100% SC'd - this is for what conditions and what percentages

for each.

Memory loss might be included in what's already been SC.

What is the medical reason for your "black outs" ?

What are your goals with regard to VA claims issues ?

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Separated in 1991.

80% combined (including PTSD)

100%IU from 2000

There has never been a decision on the medical reason for the black outs or memory loss.

I do have a SC for migraines from an accident, however the black outs and memory loss was before the accident annotated in medical records

black outs and memory loss (in my opinion and a private therapist - due to PTSD), because they occurred right after the trauma and were recorded in mental health records

Goal is to get service connected back to the original date of the claimed disability, since I know that is what I had at the time, and at least should have been given an exam for mental health to r/o any psychological disorder. The C&P exam only checked over the items which were listed, nothing else pertaining to my records, or the other symptoms that I stated at the exam (which were only included as stating i had a lot of complaints).

Welcome to hadit.com

From what you have posted, I do not see any reason for a claim of CUE.

When were you separated ?

Your profile shows 100% SC'd - this is for what conditions and what percentages

for each.

Memory loss might be included in what's already been SC.

What is the medical reason for your "black outs" ?

What are your goals with regard to VA claims issues ?

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Separated in 1991.

80% combined (including PTSD)

100%IU from 2000

There has never been a decision on the medical reason for the black outs or memory loss.

I do have a SC for migraines from an accident, however the black outs and memory loss was before the accident annotated in medical records

black outs and memory loss (in my opinion and a private therapist - due to PTSD), because they occurred right after the trauma and were recorded in mental health records

Goal is to get service connected back to the original date of the claimed disability, since I know that is what I had at the time, and at least should have been given an exam for mental health to r/o any psychological disorder. The C&P exam only checked over the items which were listed, nothing else pertaining to my records, or the other symptoms that I stated at the exam (which were only included as stating i had a lot of complaints).

Please post what conditions and what percentages for each.

Also - the rating decision that granted Migraines - what did the doc state was the reason for the Migraines

as this might address memory loss.

What date in 1991 were you separated and what date did you file your VERY FIRST claim for VA disability benefits.

Are you SC'd for any head injury?

Can you cover your personal stuff like name and address and post your Rating Decision ?

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post concussive headaches, tension and migraine

10% from 04/04/1991

50% from 06/09/1994

major depressive disorder and post traumatic stress disorder

30% from 08/28/1997

50% from 12/03/2004

patellofemoral syndrome, right knee

10% from 04/04/1991

patellofemoral syndrome, left knee

10% from 04/04/1991

IU 100% February 27, 2000

Separated 1991 April 03

First Disability Claim Received by VA April 17, 1991

rating decision attached

Thanks:)

rating decision page 1 nov 6 1991001.pdf

rating decision page 1 nov 6 1991002.pdf

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"major depressive disorder and post traumatic stress disorder

30% from 08/28/1997

50% from 12/03/2004"

Was 8/28/97 the date of your initial claim for the PTSD?

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