ptsd Cue? Symtpom Was Not Evaluated

[B478]

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?

[B478]

Actually the 08/28/97 was an information claim from the VA. I had been going to the Neurologist for years, for the black outs, and loss of memory in the first place trying to figure out what the problem was, what was causing them (as well as other issues that I was having that I had no clue would be considered something to be compensated for disability - nightmares, emotional difficulties, avoiding things, all PTSD symptoms). In a confirmed rating decision for the first disability claim, "Episodes of "black outs" were reported. Diagnosis was possible post traumatic headaches, with further testing ordered to rule out possible seizures or lesion." Although that was not what the doctor wrote. He said the headaches were possibly post traumatic and need there needed to be another neurology appointment (further testing ordered" to rule out other causes for the blackouts, they dropped the loss of memory and the other listed symptoms which were noted." That was the final decision so I continued to see the neurologist with the PTSD symptoms all along thinking someday they are going to figure out what the black outs and memory loss (and other issues) were.

Over they years it continued to be just there, what was going on, more consults with more neurologist, one even who could not speak English well and totally messed up my records, but the next neurologist countered what he said, On 28 August 1997 I was given another consult to Nuero for the same conditions that i had been stating from the beginning (in the original claim). Someone, who probably knew what they were doing, sent me off to an exam for PTSD by mistake. It states that the appointment for PTSD was a mistake on all my records (VA actually admitted they made a mistake), and during that appointment i was given a diagnosis of dystemic disorder, but in the exam the doctor put there was a history of symptoms of PTSD, however because he did not have any records for me and that he had no information that what I was saying was true, he could not be definite but if all that I said was true and i was actually been treated in Saudi for what i said, then it would be service connected.

That was the first time I had been told that my symptoms could be something other than some organic brain disorder, epilepsy, and other suggestions with more testing to be done. I was given the informal claims and awarded service connected which I fought for PTSD instead of their dystemic disorder.

My records are riddled with almost every symptom listed in PTSD yet nobody ever thought to think outside of nueor and toward mental health, even when my service medical records clearly state that I was seeing a therapist up until I was discharged. In fact my last appointment with mental health while I was in the service planned for me to return. I had an appointment with them but I was discharged so that appointment as well as other medical consultations which I had been given appointments for I did not show up because I was no longer in the military.

Although now I am Honorably discharged, I was discharged in 1991 for 39-10 Pattern of minor disciplinary infractions (which were all a bunch of lies to get me out). I know it has nothing to do with my VA claim but it always irritates me when I think about it, especially when I was ordered to see the commander on my only convalescent day (recovering from being in the hospital) to give the decision, and as he had told me "my defense" for nonjudical punishment, which I told him I wanted a court martial so he called in the first sergeant and I was taken to JAG put in a room with them, a call to ADC was made and my lawyer more or less stated that I would be dishonorably discharged if I went court martial, he hung up and I continued to demand court martial. I was still very weak from the hospital stay, still bleeding really bad and asked if I could use the bathroom (so needed to throw up). I was told that i could not leave the room until I signed for a court martial, when I could no longer hold out I signed. Of course you are asking why the ADC was not there but on the phone? Well it was Saudi and he was in Ryhad, I was in Jeddah (500 miles away). I would not have put it past JAG or my commander to have not even called the ADC. I feel so stupid for believing the JAG who said if I really did not do what I was being charged with, I could appeal, it would go to a third party outside my squadron and they would overturn it if it was true. Well I did appeal and got the letter back stating that I could only appeal the punishment, not the decision, another lie I walked into. Oh, the reason for the article 15? Did not water or clean my MWD's kennel on around the 11the of January 1991 (the day that I went into the hospital). Had I been able to actually form a logical sentence on the day I signed for the Article, I would never have. I had witness statements, and others who covered their whole time. Plus the statements against me, were they did not know the date, did not tell anyone, but it happened.

I am sorry this is for my VA medical, I sometimes get so obsessed that I forget what I am actually talking about.

Back to the medical, would it be CUE? Or can I reopen? Or is there anything? All my records are riddled with reg flags for PTSD, yet not even a consult for years.

Thanks for reading my ramblings.

[carlie]

Back to the medical, would it be CUE? Or can I reopen? Or is there anything? All my records are riddled with reg flags for PTSD, yet not even a consult for years.

If your question is in regards to - was it CUE for the VA not to have realized sooner that you

had PTSD and for the VA to infer a claim on your behalf for PTSD - the answer is no.

IN MOST CASES - the earliest effective date that is warranted is the date of the claim, in some

situations it can go back 12 months earlier or a few other instances such as 38 CFR 3.156 and 38 CFR 3.157.

JMHO