ptsd C&p Exam With Wrong Diagnoses

[rharp344]

I had a C&P exam done on April 8, 2013 for an increase for chronic adjustment disorder. I have been diagnosed with Chronic Adjustment Disorder first by a psychologist while on active duty back in 2006. I was diagnosed with Chronic Adjustment Disorder by two VA psychologists and two VA psychiatrists dating back to 2008. I have been under treatment with the VA for these since 2008. I have recently been diagnosed with sleep apnea and on a CPAP machine. I am also going to substance abuse within the VA and go to group at my local VA. I also go to the PTSD group at my VA as well. All of these diagnoses are on my VA medical records and military records.

Now when I went to the exam, I asked the examiner if she had looked at my C-file and if she had read the file. I told her that I've had issues with my sleep and being stressed out for the last couple of months. I told her that I get stressed out half way through the month with my finances. I told her that I have panic attacks at least 3 times a week and that my panic attacks have gotten worse. I told her that I don't sleep at all and that I do have nighmares. I told her that I have lost most of all of my friends and spend most of my time at my house. I told her that I'm in school but have accommodations for extended time on tests, tests in a quiet area, and breaks during class for my back condition.

I told her about my drinking and that I don't drink anymore. I told her that I was first being treated for drinking while on active duty after being seen by the psychologist at the base hospital. She mentioned that I used cannabis and I told her that I don't do that and haven't done so in over two years now. In her report she states that my diagnoses are Axis I: Alcohol Dependence, Axis II: Cannabis Abuse. Nowhere in her report does she state my current diagnoses of Chronic Adjustment Disorder and Depressive Mood Disorder. She states that everything is related to my alcohol dependence and all of my symptoms are related as well.

I do not agree with this C&P exam at all, and I personally think this examiner overlooked my records entirely. I She misquoted me in almost everything that I said during the exam. I would like to get a new C&P exam or dispute her findings in the C&P report. I just don't know what to do about this. I have submitted all of my mental health records as evidence for my increase from the date that I put in the increase to the present. Please give me some help and advice. Thanks very much.

[Berta]

This link might have some help for you.

" I had a C&P exam done on April 8, 2013 for an increase for chronic adjustment disorder. I have been diagnosed with Chronic Adjustment Disorder first by a psychologist while on active duty back in 2006."

With inservice diagnosis and a VA rating for this now, I cannot imagine how the C & P examiner came up with her conclusion.

I got a few bogus C & P posthumous exams on my dead husband and I raised Hell right away with the doctors.In one case I did get another Posthumous C & P done but it was worse than the one I griped about.And with the very same doctor.

But I sure dont think that is the avenue you should take however. Someone will chime in as to how to get this fixed. Do you have a vet rep or VSO?

I backed up my positions with those lousy C & Ps in 2 cases with a strong IMO.

In the most recent situation, I rebutted the entire exam with medical evidence, and stated it was in defiance of a BVA remand for a Cardio opinion but I got a mere PA opinion that was too speculative to have any legitimate value.I also order a real private cardio opinion. My BVA award came before the cardio IMO doc could even prepare it.

The BVA disregarded that last C & P exam as it was too speculative. .All of my IMOs overcame the other lousy C & P exams.

I suggest too that you send IRIS a 'Complaint'. Tell them what you told us here. Tell them you want a new C & P exam that is solely for the SC documented disability you have filed for higher rating on, a new C & P that conforms to proper VA regulations.

Others here have had this problem so their advise might be much better then mine.

I just know you need to do something fast

Look up the actual CAD here under the AMie worksheets and see exactly what records this doctor should have had.

This C & P ,to me, is an extraordinary violation of your rights.

I assume she had no medical basis at all for her change in the diagnosis.

C & P docs are not even supposed to change a diagnosis...I will see if I can find a regulation on that.

What if this doctor did this to every SC MH vet requesting an increase?

[Berta]

Here is a reg but it does not say what I hoped it would:

“38 C.F.R. § 4.125(b) Diagnosis of mental disorders. If the diagnosis of a mental disorder is changed, the rating agency shall determine whether the new diagnosis represents progression of the prior diagnosis, correction of an error in the prior diagnosis, or development of a new and separate condition. If it is not clear from the available records what the change of diagnosis represents, the rating agency shall return the report to the examiner for a determination.”

Then again it is the first step in a challenge to a diagnosis change.

http://www.attiglawfirm.com/blog/va-benefits/veterans-disability-compensation-when-should-the-veteran%E2%80%99s-survivor-file-for-dic-and-how-does-that-affect-the-amount-of-the-benefit/

The lawyer who wrote this article might be someone to keep in mind on this.He also suggested an IMO but the entire article might help you.

Quote that above regulation to the VA in the IRIS complaint you file.

Ask them or an email response , and not a phone call, so that you have hard copy of their response.

It would be far better for the VA to be aware of this problem now, before a decision and SOC are prepared, based on a faulty and deficient C & P exam.

Those raters could even use this exam to propose to reduce the CAD comp you get now.

Edited April 11, 2013 by Berta

[71M10]

First off, from what you have related I think this C&P examiner has an agenda. With that said, you stated in your post, I told her "I don't sleep at all, and I have nightmares". I understand that to mean you don't get any real sleep due to nightmares, but if this person has an agenda, they might view that statement as contradictory. How can you have a nightmare if you never sleep? For years I never dreamed because I had sleep apnea and could never reach a deep enough sleep to dream. It might indicate this examiner is a nit picking twit, the type that when meeting you asks how things are going and if you say OK, they want to indicate you don't have any problems. The problem with that is, "how are you" in that context is a social question not a medical question, we are conditioned to not tell everyone who asks us how its going, how we actually feel!

Immediately send a letter to the VARO handling your claim. Go through the C&P exam question by question. Indicate what she misreported on each line and provide them with what you had actually said/done. If she indicates a response to a question not asked or answered, clarify that also. If you have a significant number of times she mis-stated what you had said I would request an immediate re-exam with a provider that will acurately record/relate the results of the exam. If she truly is trying to change your diagnosis, I would point that out in your letter, indicate all the physicians that diagnosed or are currently treating you for your Chronic Adjustment Disorder. I would then point out that those physicians have spent significantly more time evaluating you in a clnical environment than the short amount of time the C&P examiner had. You also might look into what credentials the examiner had, if you have been being treated by a psychiatrist and the examiner was a psychologist, I would point out the the pyschologist is not as qualified as the other examiner.

Others I am sure will provide additional and most likely better advice. You might have to get an IMO/IME to counter this exam.

Best regards,