hypertension Do I Have Cue?

[Jon1371]

I applied for increase on my 30% PTSD in 08 after my breakdown. I was denied an increase. However, I just received my medical reports from my hospitalization and it looks like the RO ignored or didn't use the medical files from my hospitalization. Down below are some of the diagnosis that I have received. There are more but I think this might be enough to help answer my question. I'm not a doctor, but from what I have read the last couple of months, I was worse off than I was lead to believe. No doctors told me any of this stuff was serious. The doctor's would ask questions and I'd answer honestly and that was all. It seems to me that I meet 50% and possibly 70% rating and that was back in 08. I know that CUE's are hard to prove, but it there enough to start one or am I wasting my time and energy?

AXIS I: Post Traumatic Stress Disorder with anxious and depressed mood
R/O Mood Disorder due to medical condition (Traumatic Brain
I n j u r y )
AXIS II: deferred
AXIS III: Traumatic Brain Injury?
AXIS IV: Sporadice employment, limited family support
AXIS V: GAF = 25

AXISI: Major depressive disorder with anxiety, seasonal component. PTSD.
Agoraphobia without panic d/o. Alcohol abuse. Nicotine dependence.
AXISII: Deferred
AXISIII: ?Hypertension, Migraine HA, Chronic knee, hip, shoulder pain
AXISIV: Poor social support, chronic mental illness
AXISV: GAF 45 at the time of admit, 60 at the time of this interview.

AXISI: Major depressive disorder with anxiety, seasonal component. PTSD.
Agoraphobia without panic d/o. Alcohol abuse. Nicotine dependence.
AXISII: Deferred
AXISIII: ?Hypertension, Migraine HA, Chronic knee, hip, shoulder pain
AXISIV: Poor social support, chronic mental illness
AXISV: 45 AT ADMISSION
51 AT PRESENT

AXISI: Major depressive disorder with anxiety, seasonal component. PTSD.
Agoraphobia without panic d/o. Alcohol abuse. Nicotine dependence.
AXISII: Deferred
AXISIII: Migraine HA, Chronic knee/hip/shoulder pain, ?Hypertension, ?BPV
AXISIV: Poor local social support, chronic mental illness
AXISV: 45 AT ADMISSION
65 AT PRESENT

Axis I PTSD
Depression, Major by history
Possible panic disorder
Axis II Deferred
Axis III Chronic pain hip knee
Migraine HA
Axis IV Unemployment
Combat exposure
Axis V GAF 50

Axis I: PTSD, by history
Major depressive disorder with anxiety, by history, sx severe
without psychotic content
Panic disorder without agoraphobia
Axis II: Deferred
Axis III: See problem list
Axis IV: Exposure to war
Axis V: GAF 50 (current)

Depression: As per HPI. +7/8 SIGECAPS with depressed mood for 2+ yrs.
Mania: Notes feels more irritable in winter months with racing thoughts;
negative for manic/hypomanic episode.
Psychosis: No AH/VH. No delusions. Paranoia related to PTSD.
Anxiety: Has anxiety s/s with physical manifestions of sweating, tachycardia,
tachypnea; more comfortable in home and doesn't like social situations because
of this. Denies panic attacks. Some OCD problems of checking things too often;
doesn't interfere with daily activity. PTSD symptoms as per HPI
CNS pathologies: Denies TBI/LOC/seizures
Other addictive d/o: Denies gambling
Personality d//o screening: appeared negative

Repeaterd disturbing memories, thoughts, or images of a stressful experience
from the past?
5 - E x t r e m e l y
2Repeated, disturbing dreams of a stressful experience from the past?
5 - E x t r e m e l y
Suddenly acting or feeling as if a stressful experience were happening again
(as if you were reliving it)?
5 - E x t r e m e l y
Feeling very upset when something reminded you of a stressful experience from
the past?
4-Quite a bit
Having physical reactions (e.g., heart pounding, trouble breathing, sweating)
when something reminded you of a stressful experience from the past?
5 - E x t r e m e l y
Avoiding thinking about or talking about a stressful experience from the past
or avoiding having feelings related to it?
4-Quite a bit
Avoiding activities or situations because they reminded you of a stressful
experience from the past?
5 - E x t r e m e l y
Trouble remembering important parts of a stressful experience from the past?
5 - E x t r e m e l y
Loss of interest in activities that you used to enjoy?
5 - E x t r e m e l y
Feeling distant or cut off from other people?
5 - E x t r e m e l y
Feeling emotionally numb or being unable to have loving feelings for those
close to you?
5 - E x t r e m e l y
Feeling as if your future will somehow be cut short?
5 - E x t r e m e l y
Trouble falling or staying asleep?
5 - E x t r e m e l y
Feeling irritable or having angry outbursts?
5 - E x t r e m e l y
Having difficulty concentrating?
5 - E x t r e m e l y
Being "super-alert" or watchful or on guard?
5 - E x t r e m e l y
Feeling jumpy or easily startled?
5 - E x t r e m e l y

[Jon1371]

I haven't been a ble to find my decision. Is there a way to get my decision on ebenefits or some other electronic place? Thanks for your help.

[Jon1371]

john999, I'm reading through my medical records and there's some stuff the doctor's put in that I know isn't correct. You admit to having more than two drinks in one day a couple of times a year and they brand you a binge drinking alcoholic. For life it seems. They say I don't have panic attacks, but I describe all the symptoms of panic attacks. It seems to me that they down play everything you say and unless you freak out in their office that you're doing just fine. One of my last visits the Psychologists describe me as having an appropriate manner and showing humor. Completely left out the fact that I broke into tears four times. I know I'm paranoid, but when they put things in your file that aren't true you start to wonder if they're against you.

[john999]

It is in your C-File, or at least it should be. When you don't continue your appeal you must try and climb back into the ring via CUE. I fought my case for 7 years. My lawyers said if we lost he would never do another CUE claim because mine was such an obvious error, and denial of due process. I think he is driving a cab now.

[john999]

The only way to fight this kind of stuff is to get your own private shrink. I won my claim for TDIU due to my IME's. I had three IME's all of which said I was unemployable. I was rated 70% and on SSD and still got denied for TDIU. If you want to get TDIU or 100% get an IME. For now I would forget about the CUE and concentrate on getting TDIU or 100% now. You can fight the CUE anytime.

[Jon1371]

Thanks john999. I didn't know that you can file a CUE at anytime. I'm going to spend my energy working on my current claim, getting the help I need, and trying to find a private shrink. Getting all the documentation will keep me busy for a while too. Fixing my DD214 is going to take some time too. I know that I am way behind the curve right now and I really appreciate all the help.

[john999]

What is wrong with your DD214? Do you have a LTH discharge? I would get my 100% and then do as Lotz says and file that CUE. Even if you lose you will get the education of a lifetime about the VA. Since your claim that contains the CUE is already final the only time clock is your life expectancy. I waited 30 years to file my cue because it took me that long to actually discover it. I got my C-File are read my original decision. A monkey could have seen that my doctor's report was not used in the decision. I was 21 years old when I was discharged. I don't even remember filing a claim and I don't know who represented me before the VA. I let my low ball decision become final . I was too busy living under a bridge. My mail was returned to VA "address unknown". I still lost because the VA said I had every opportunity to appeal my rating among 10 other absurdities.

I had a lawyer for my CUE. He must have written ten briefs over they years we fought from the VARO to the BVA and then the CAVC. After years of briefst the VA was still saying I was trying to reweigh the evidence. The VA did not even consider my evidence and they admit it. I lose anyway because when you get to CAVC with a claim that carries 30 years of retro they are going to fight you. Nobody at the BVA or CAVA is just going to roll over and grant 30 years of 100% retro. That would probably end their career. A case similar to ours is Cushman v Peake. This is a case where the VA altered a vet's records. In our cases they just excluded evidence. What is the essential difference? Cushman still does not have his retro and he filed his CUE many years ago, and won at federal court.