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Denied And Misdiagnosed


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Hi,

I am in the process of starting an appeal. I have been denied an increase for ptsd and depression, and denied SC for my Neck and Back. I am currently at 30% for ptsd w/ Depression, unemployed, and on SSD. What is the best way to go from here?

Should I file a NOD, or just a Formal Appeal? I submitted new information, including a personal statement, the last time I filed, but was still denied. I have documentation from the medical center from while I was enlisted for my neck and back, but it was not a chronic issue back then, but with the lack of proper care/treatment from the va, it has gotten to the point where I can no longer function. I have been diagnosed with Bulged Discs, Calcification of Ligaments, Loss of Curve. Have frequent Headaches. The Pain Medications I have been prescribed from the va don't help. I was misdiagnosed with Personality Disorder when discharged from the Army, and later diagnosed with PSTD and Depression. I filed a request for earlier effective date, due to the misdiagnosis, and that was also denied.

I have documentation from my Psychiatrist stating that I have been under her treatment since "2012 until present for PTSD, Prolonged. Characterized by Chronic Anxiety, Depressed Mood, Social Isolation, Insomnia, nightmares, flashbacks, hyper vigilance, startle response, avoidant behavior, and inability to deal with day to day stressors". She also states that my "chronic mental illness clearly interferes with my day to day functioning and ability to function in a work environment with other people."

She adds that she does not see any symptoms of me having a Personality Disorder.

This Is My Problem! They Double Talk Themselves.

When I filed for an increase for PTSD, they denied it stating, "The examiner opined that my history of mood changes, sometimes several times a day, and pattern of conflicted relationships, is more consistent with a diagnosis of personality disorder than PTSD. The examiner again noted that my personality disorder was mostly the source of my occupational and social impairments, and that my clinical presentation is more consistent with a personality disorder than ptsd.!

THEN,

When I filed SC for Aggravated/Exacerbated Personality Disorder by my ptsd and military service, it was denied stating that my doctor did not see symptoms of Personality Disorder.!

So, in one paragraph, I have a Personality Disorder, and not PTSD... and in the very Next paragraph, I have PTSD, and Not a Personality Disorder...?

Please Help...

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Personally, I would be very glad there is not a DX for PD.

In most cases a DX of PD is not able to obtain SC, that can only happen if

a doc states the claimant has a PD and it is directly related to a head injury

during active duty.

Believe me - you do not want to go the route of PD.

jmho

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Carlie, is exactly right bud. I have seen a lot of Vets get screwed with the "Personality Disorder" or "Adjustment Disorder" diagnoses. Basically, it has become a common way for the VA to lowball Vets Mental Disorders, and not grant SC. I would just submit a new FDC and show what evidence you have and go from there. I myself do not like appeals, unless you are trying to save you initial filing date, for back pay purposes. Appeals can sit for years and years, but if you do an FDC and granted it can be granted in less than a year typically. Only you can decide what is best for you. God Bless and good luck

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I would take an different approach as Navy04. I'd file a NOD, which is the beginning step of a formal appeal. A VSO will likely argue that you received a bad rater last time around and another one could turn around the decision more quickly than going the route of an appeal. However, that's assuming someone is going to do the right thing the second time. There's no guarantee AND you can be putting your original claim date at risk.

While it does take longer, submit a NOD. If you can, file any new findings from your VA doc showing that the severity has increased, etc. You'll get a new look at your claim file and be queued up for your file and claim to go to the BVA if you don't agree with their review as published in the SOC.

I took the route my Navy brother suggested last time around. I wound up appealing anyway after the FDC wasn't counted as one and the date of that decision was stretching beyond the one year point to file an appeal on the original claim. I should have just appealed up front and would be six months ahead right now trying to get all the decisions fixed....with now two NODs in the system waiting to be combined at some point.

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Thanks for your reply's.

But, that is the Problem... I was Misdiagnosed with PD upon discharge, and filed a claim in 2007, which was denied... At that time, I didn't know that that was something they did intentionally in order to screw vets over... And I have tried to file a claim on the grounds of a misdiagnosis, with my Doc's documentation stating that my symptoms are of PTSD, and I show no signs of PD... I mean, it wasn't my fault I was misdiagnosed, and since I have documentation stating that, isn't there a way to have them go back and consider that...? Although is was over a year, in regards to appealing, but wouldn't that be grounds for consideration? Being Misdiagnosed...?

The reason I filed for aggravation of PD, was because they refuse to consider the misdiagnosis, even though I have my doc's documentation... And in one section they say that my inability to function is due to a PD... and the very next section they deny aggravation of PD, because they say my doc states that I show no signs of PD, and my symptoms are due to PTSD...

How can they contradict themselves like that...? What can I do about this...?

Thanks again for your responses...!

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