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ptsd Recent Cases Help Advocates Detect Va Errors
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broncovet
Its from the MOPH and definately worth the read.
http://www.purpleheart.org/ServiceProgram/Training2012/9-M-%20Recent%20CAVC%20Cases.pdf
To summarize, for those who want it simplified:
1. Dont let the VA make even subtle medical conclusions...rating specialists are rarely M.D's and neither are judges.
2. Dont let the VA deny you on the basis of unclear medical reports. The BVA needs to ask for clarification and not just assume they dont meet VA standards.
3. Frame your claim broadly. Instead of asking for PTSD, ask for non specific mental disorder including PTSD and other mental disorders. If the VA denies your PTSD because your doc diagnosed you as Bi polar, then you can argue that the VA should have considered other mental disorders, as the Veteran cant be expected to self diagnose medical conditions.
4. Dont accept a doctors negative, unexplained opinion without rationale. Since the Va can deny you if the examiner does not say "why" your condition was related to service, then you can demand to know "why" the doc said your condition was NOT related to service. Fight fire with fire.
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