ptsd Cue On Granted Claim, Help!

[Mooncookiez53]

Hi everyone!

I was finally able to speak my vso about my ptsd claim last week. Im at 50% now but he thinks it should be 70 or 100 so filed a disagreement on the evaluation.

Something has been keeping me up at night now though. Please bear with me because it's kind of complicated and this also may not be the right place for this question(s), I really felling pretty confused and anxious with this...

Ok, so my claim was for prsd/mdd due to mst :(...

I had only one c&p done which was not favorable. The examiner diagnosed depression only (but didnt really ask many questions) and her opinion was that it wasn't related the depression I had in service. ( Was discharfed for depressionamd anxioty but didnt talk to anyone about what happened then) I've been diagnosed with ptsd and depression at the va and also other places over the years. The social worker I've been doing treatment with write an opinion that its defiantly related to the mst stuff.

Claim was denied due to the crummy C&P but I got a vso and files a nod. So at the DRO hearing, the vso pointed out all the evidence that could be used as "markers". The DRO agreed that examiner was an idiot was going to schedule another C&P exam but changed mind later and went ahead and granted service connection. Should be happily ever after, but wait... There's a catch:

The vso believes there a a CUE with the decision. He explained it like this:

The law says in order to use the "alternative evidence" or "markers" to verify the stressor on a ptsd claim, it HAS to be diagnosed by a C&P examiner. Snap. Because of this he feels its best to appeal the evaluation and then leave it alone. He said he wouldn't recommend fileimg any new claim or asking for any kind of increase in the future because if someone else reviews the decision in the future, it's risky that because there was a CUE in granting it that it could be reversed.

I'm worried that because of this the rug could be pulled out at a any time. Is this correct? Is there anything that can fix this? This whole process has been stressful enough and I'm felling like this is the last straw. Things have been really bad for awhile now. When I finally went to the va for counseling i was homeless and they filed a claim at the same time. I defently wasn't ready to do all this and doing the treatment has been hell to say the least. I haven't left my house for over a year except to go to MH appts. Not sure if I really want to be at 100 because work won't be an option later but I'm losing hope that this is ever going to get better anyway. Then there's this CUE thing to worry about. I know that ptsd claims at 100% are more likely to be like randomly reviewed then those at 70.

The situation boils down to this: should I go ahead for 100 or maybe tdiu OR let them know I'd be more comfortable with 70 in order to keep from rockimg rhe boat? 70% seems safer, but what happens if later on if things just don't get any better and I'm stuck with it? It's so worrisome my claim has this issue and I don't know what to do. Shutting up and not rocking the boat is what got me into this ptsd mess to begin with! Just want to do the best thing. It's like I only have this one shot it get it right. What would happen it I was at 100 and that CUE rears its ugly head? Would they be able to just do another C&p to make it square?

Ok. So I know that was a lot to take in but this is the three headed monster Ive been trying to get my head around. Thanks for reading my ridiculously long post. It could fit under any number of topics, so moderators, please feel free to move this wherever is best. Any wonderful expert opinions on this would be appreciated alot!

[carlie]

Also as far as evidence for increase, I have an IMO exam tomorrow morning.

I need to know weather to ask dr for his opinion as far as employability or not.

Fist be sure the IMO examiner is qualified and reviews your most current

medical records. Any opinion they provide to include ptsd precluding you

from employment - must be supported with full medical rationale.

JMHO

[Mooncookiez53]

OMG, I'm so relieved that rule may not apply. Thanks for being patient andd offering some clarity. It would be wonderful my claim doesn't really have that issue.

So for combat ptsd, it has to be diagnosed at a C&P but not for mst? Is there anywhere I could find more info on this?

Thanks a bunch.

[Berta]

In our PTSD forum is the entire new August 2010 PTSD regulation.

I am pretty sure we have here the VA's Fast Letter on MST claims too.....

I sure see no need for you to worry.The VA would need affirmative evidence, that the MST never happened, to try to reduce your current rating.

They already accepted the fact that it did happen.

Even if they ever attempted to reduce you, we are here to help with that because steps can be taken to combat a proposed reduction or a proposed revocation of service connected compensation.

It would not be easy for the VA to do that in your case, but, you are not alone ion thinking this could happen.

I think probably most every vet who files for a higher rating fears it would trigger some sort of adverse action by VA. But most of the time, it does not affect their standing rating at all.

I say that because I too, as widow of a SC vet, have developed what I call my own "VAOLA Paranoia" at times.

[FormerMember]

Doesn't anyone see the timeworn VSO fingerprints on this? Don't go for the big rating or they'll cut you off. Lay low. Don't make waves-or else. We'll come back in a few years and get it right. Meanwhile shut up and go to the back of the bus. Let's hope they don't notice they made a mistake.

Good Lord, this one is older than the hills. I didn't honestly think I'd see or hear that old wives tale dredged up again in a claim in this life.

Mooncookiez, relax. Once the VA announces a finding or holding, they are required to move Heaven and Earth to prove a CUE-exactly as you are. Your VSO is doing the good cop/ bad cop routine and trying to get you to walk away prematurely. Get it all done at once. AB v. Derwinski 1990(?) assumes you are going for the highest rating possible if that is what you deserve. Leaving the money on the table and walking away would be good for VA and bad for you. Hold out for TDIU if that is what you feel you deserve. VA is not going to start a long, drawn out investigation into your claim and get down in the weeds. If you haven't noticed, there's something called a backlog right now. In addition A DRO made this decision. He/she is a GS 13/14 with many years of experience. They don't make gomer errors like that. You decision says:

VA treatment records show you have a diagnosis of ptsd. You reported that you were raped while on active duty in the military. The evidence shows a definite decline in personality after the reported incident. Therefore, resolving reasonable doubt in your favor, service connection is established. "

You have a PTSD rating. You have a GAF of 52. Done deal. In order to overturn that as CUE, VA would to need to prove that you don't. That's a mighty tall order in the middle of the worst claims backlog in history. Congress is breathing down their neck.

These things tend to autopopulate after a while in the c-file. Your VSO is blowing smoke where it doesn't belong, scatologically speaking. Were I an Indian, I would say "VSO man speak with forked tongue". If I was Dorothy, I'd ask him "Are you a good witch or a bad witch?" Your DRO was no dummy. He could see where this was going and he didn't want to waste his or your time on a long dogfight. You are lucky this came about when it did.

Go for the Gold.

Edited July 2, 2013 by asknod

[Mooncookiez53]

Carla, Berta & Asknod,

Thanks you for your wonderful replies!

I'v started to think about this more objectively and am thinking that my vso's view on this probably doesn't hold water. If all ptsd claims were contengent on a favorable C&P exam, then they'd never be granted on appeal.

I had the IME today and think that went ok. Since its gonna be a good while before before the next DRO hearing ( nod on evaluation filed last week) , I think I might look for another vso. I just went with the first one I talked to and really need someone who will be straight. (Which I thought was the case with this one)

I appreciate his help so far and figure vso must be either mistaken or has a good reason to frame it this way but I can't really handle any of that right now.

Berta, thanks for letting me know its normal to to be worried about stuff like this sometimes.

I had just assuemed he was right and stressed over. I'm so glad I came here with this question instead of taking it at face value and worrying for the nest monthsand months. Hope you all have a great holiday weekend!

[john999]

My experience is that under the current circumstances the VA never looks back at previous decisons if you ask for an increase. They just accept the fact of your current rating and try to find reasons to deny your increase. They don't have time or will to look back at what happened before the current claim. Now if you file a CUE that will look back to try and find a reason to defeat the CUE, but you are not filing a CUE just an increase. When I filed my CUE the VA did look back in desparate attempt to discredit my CUE but they couldn't because the can only look at facts of the CUE and nothing before or after.

John