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]

ask,

Yes, I saw it very clearly - that's why I posted the responses I did.

[FormerMember]

Carlie-

I got the same Dog and Pony show from my V-rep Ron Ampe, now one of the hierarchy of the DAV emeritus clan. He admonished me not to press for an increase for my newly minted 0% for tinnitus and never even mentioned the (relatively) new avenue of the COVA in 1992. He said (and I paraphrase) "Dude, let's not rock the boat. You got a win on hearing and tinnitus. We can come back later and scoop up the compensable rating in a few years. You sure don't want to appear greedy, do you? That will work against us."

I have always pointed out to Vets I help that the VA has a very limited repertoire of ploys to spring on us. In conjunction with their lackeys, the VSOs, they exert a lot of pressure and false information to intimidate Vets. We are led to believe VA can, and will, come down on us like a cheap new suit if we step out of line. Having"hadit" myself after 20 years of this treatment and three VSO who echoed the same sentiments, I struck out on my own and hit back. I won it all and then began the task of dispelling all these old wive's tales Most have heard of the travails of Keith Roberts and his four-year imprisonment for doing something similar. http://asknod.wordpress.com/2012/01/18/roberts-v-shinseki-a-miscarriage-of-justice/ The difference is that I'm bulletproof. They can't hang me. They did deny for 6 years but that's what attorneys are for.

VA would be in deep doo-doo if they tried a stunt such as Mooncookiez's VSO suggests in 2013. If you think they are having credibility problems now with Congress and Vets, venturing down this road would be foolhardy. This has already cost them their precious bonus awards for doing little or nothing. Until Congress and the mainstream media (and the backlog) subside Vets are going to enjoy a rare popularity they seldom do. Then, once again, we'll melt away into a prolonged peacetime army with wooden guns and say "bang" when we pull the virtual triggers.

Edited July 2, 2013 by asknod