ptsd Advice On My Nod For Bva

[Swarthy]

here is my letter so far:

I would like to file a Notice of Disagreement with the
Statement of Case denying my claim for an acquired psychiatric condition to
include PTSD.

The VA has from the outset recharacterized my claim of PTSD
as one of depression and as secondary, Alcohol Abuse. I have to believe this is
done in the best interest of my claim. I have never claimed that
depression/dysthymia was caused by service, though it had its onset in service.
And I am positive that my duty on the psych ward played a part. I also have
never claimed that my substance abuse was caused by service. I believe I did
that to myself. Current research into PTSD does shows that depression,
substance abuse and homelessness, specifically in veterans, can be linked to
PTSD. Research also indicates that presentations of Borderline Personality and
Antisocial Personality disorders are frequently seen in cases of PTSD.



The SOC states “While the veteran has
furnished statements dealing with possible stressors for a diagnosis of post-traumatic
stress disorder, the examiner did not furnish a diagnosis of post-traumatic
stress disorder.”

It is possible the examiner did not diagnose PTSD because the
exam/DBQ I was given was for Mental Disorders (other than PTSD and eating
disorders). I would like to bring to your attention that the assault is noted
in my STR by Master Chief Creel on 1/9/95

The SOC states “The
two reported personality disorders given by VA providers include borderline
personality disorder and sociopathic (now called antisocial) personality
disorder and a personality disorder by definition existed prior to service.”

Also according to the DSM-IV definition, “Personality
disorders represent a long-standing pattern of problematic behaviors, thoughts,
and feelings that often start in adolescence or early adulthood.”

I experienced none of these until my billet on the psych ward and certainly
after the attack. I have also enclosed a letter from my first wife describing her
knowledge of how I was. And you have a letter from my second wife of how I became.

The initial ‘impressions’ and ‘rule out’ diagnoses of personality
disorder from providers have to be considered that at the time (just coming off
the street, withdrawing, etc.) I was in bad shape and sometimes suicidal (I was
once put on a “hold”). I was typically using alcohol and drugs after the
military to distract/numb my thoughts away from my constant ruminations about
my experiences on the psych unit and at times a fear of being assaulted again.

Regarding the sociopath/antisocial diagnosis: This was given
as the result of one 30 minute visit with a doctor who, it is my understanding,
no longer works for the VA. During this visit I was upset about the hepatitis C
diagnosis he had just given me and I asked him to confirm it with the lab. He
chuckled at this and chuckled again with the person on the phone in the lab. Also
during the exam when I listed all the places I had lived (such as Berkeley, Ca,
Flagstaff, AZ) and he replied, “All you people end up in those places.” I got
the impression he meant ‘you people’ to mean homeless alcoholics. When I left
his office I asked the front desk not to schedule me with him again and the
secretary’s response was, “Don’t worry. He’s out of here in a month.”

In my experience when working and treating sociopathic/anti-social
personality disorders they did not respond well to structure as stated in the
SOC. Other personality disorders may but definitely not those particular
disorders.



I feel the current examiner erroneously “cherry picked” from intake diagnoses I
received when I entered into drug and alcohol treatments. The (again initial
impression) diagnosis of ‘Personality Disorder NOS’ given by Dr. Soman was removed
very soon in my treatment with him. Also, none of my VA discharge notes
list personality disorder as a diagnosis or problem. Additionally, the first
C&P examiner gave “No Diagnosis” for Axis II. And in service psychiatric testing
(1/29/1992) showed no personality disorder- in fact, the examiner stated, “No psychiatric
disorders were noted”. I feel this satisfies a presumption of soundness.

I have cleaned up and feel much better emotionally but the
symptoms of PTSD have definitely become amplified and at times have seriously
hindered my attempts to settle into a normal life and be around normal people.
I am currently working on this and have been in treatment for ‘Complex PTSD’
since

Also, I am service connected and currently treated for a sleep disorder noted
as “severe” in my STR on 1/24/95 and a severed nerve. I feel that this, the
current C&P exam note and my current treatment and diagnoses satisfies the
evidence of a continuing disability. To me, it seems as if the symptoms are
compensated but not the cause.

Dr. ---- in his C&P note states that I
experience “Social and occupational
impairment due to mild or transient symptoms which decrease work efficiency and
ability to perform occupational tasks only during periods of significant
stress, or; symptoms controlled by medication” I feel this is accurate.

[Berta]

"It is possible the examiner did not diagnose PTSD because
the

exam/DBQ I was given was for Mental Disorders (other than
PTSD and eating

disorders). I would like to bring to your
attention that the assault is noted

in my STR by Master Chief
Creel on 1/9/95"

As long as the claim was for PTSD I would complain to them about
getting the wrong C & P. Gee I thought this was for a NOD.

I raised hell in 2005 during the 60 SOC response period and I
asked them to CUE the DRO decision, They did.

I used IRIS (via a complaint because complaints go to VA Central)
and I faxed the Director of the RO to get that done.

This post is for my recent go CUE yourself request---there might
be something in that that can help you.

BUT then again Carlie is right...it doesn't make much difference
on a characterization of a MH, and no difference in comp but if they
dont characterise it correctly, then there are problems down the road.

Look over the Evidence list with the SOC and see if they really
used the evidence they should have.

In my 2005 SOC they completely eliminated any word at all as to consideration of my
costly IMOs and did not list or consider any other pertinent evidence
at all.

They violated VA case law and that is why they had to CUE the
first DRO decision I got.And they only did that because I raised
Hell.

I hope you arent dealing with my VARO- Buffalo------cripes they even made some regs up for my last SMC CUE claim. It took 8 years at the regional level but it was awarded last year by the Nehmer RO along with my AO DMII death claim.

That was a simple CUE claim, easily supported by VA case law and the legal evidence they had and you would not believe the ridiculous rhetoric they sent to me......hoping I would go away..Not a CHANCE

It was worth more in retro cash then the AO IHD part of my Nehmer award. b--turds

Edited February 18, 2013 by Berta