ptsd Exam Coming Up

[Bhut]

Hello,

I have had a claim for PTSD and Depression ongoing since 2005. I finally had a Comp. and Pension exam in Dec. 2010. The exam was very detailed and exhausting, lasted two hours. Needless to say I was not prepared, I had yet to find this site and did not do any research before going, stupid, I know. Anyway the doctor was very pleasant and professional, after a couple of minutes I realized it was not just chit-chat that she was going down a pre-planned questionaire, I have since seen pretty much the same one on this website, however she did not ask all of the questions as the one on here. In April I recieved a letter stating the claim was denied and being remanded to the BVA. Then in August I recieved another letter saying that the doctor had made an error in the exam, actually it was an error in my favor but was dicoved by the RO and they went on to say that I should be given another exam. The RO did contact the doctor and asked her about the error, she said in light of that she would have to "resort to mere speculation" to warrant a diagnosis for PTSD.

I really did like this doctor, she seemed to really care and upon leaving her office she said that she thought I would be happy with the outcome of the examination.

The letter does go on to say that I was diagnosed in 2004 with PTSD, depression, and panic attacks from my private doctor, before I ever claimed or filed for VA benefits.

Also, I have had some long periods of unemployment in the last 10 years, I was fired from the post office twice for conflicts with co-workers. I applied for SSD and was approved in 2003. A friend of mine was working as a contractor in Iraq and helped me get a job in 2008, I am now working in Afghanistan and plan to for about one more year. My SSD benefits stopped in 2009 due to me being gainfully employed. To be honest the job I have only requires me to actually "work" 2-3 hours a week. Other than that I sit in my room about 9X9 for 18-20 hours a day. I am pretty sure that my symptoms are getting worse but I want to stay with this job as long as I can, as it pays well and I am the only person for my company at this base and I do not have to deal with co-workers or managers. I am now 40 years old and I really do not feel that I will be very employable back in the US.

My question is should I try and use the same doctor again for the next exam, as I said I really liked her and would like to use her again. Or do you think since she made an error on the first exam and it was discovered by the RO that she may rule against me this time just to save face?

Thanks,

Bhut

[Bhut]

Berta,

Yes, the VA is aware of of these records from the private physican and has acknowledged them in the appeal. The VA doctor that gave me the C&P exam in 2010 said that I did meet the "diagnostic criteria for PTSD and it was due to military stressors regarding (two) different incidents. In the C&P exam this was stated in the appeal I recieved from them, but one one of the incidents the doctor made an error saying that I had witnessed something that I actually did not, but it was regarding the death of a fellow soldier I served with, she stated that I had witnessed it when I actually had not. I never claimed to witness the incident, it even says I did not claim to witness the event in the appeal, I think she did just make an honest mistake.

Yes, the independent medical records pre-date the new regs. When I contacted an attorney to help me with this they said that they could not help until the appeal has been decided or denied because they can only help veterans that have filed a NOD after June 20, 2007 and that a remand is not considered a final decision.

No, I do not recall the VA ever questioning my stressor and I have not attempted to verify your stressor yourself via JSRRC. But I will do so now.

I am pretty confident that the would have a very difficult time proving that a valid etiology for the stressor that is not related to service, but you never know.

Again, I have been pretty much shooting from the hip with this claim since 2004 and have done it all on my own and had actually just given up on it but then twice the VA out of the blue re-opened the case. Fortunately, I have found this forum and you (Berta) and it has given me a lot of good advice and insight as to how the VA really works, it must admit it is a bit overwhelming and I realize why people just give up on claims and go away, I myself have done the same thing, even with this claim, until now that is.

Thanks again for all the interest and replies.

Thanks,

Bhut