ptsd Cue Clear And Unmistakable Error Ptsd

[DustyAO105]

I have a verified PTSD stressor in 2002 ,2004 and 2005 first PTSD C&P exam No Dx second PTSD C&P Exam I was DX with Dysthymic personality disorder with mixed features non service connected. In letter to RO from a VA staff Psychiatrist gave me a service connected Dx for PTSD and even though he past away after Before giving me the DMS IV exam and over 40 yrs. as a VA Psychiatrist it didn't hold any weight with the VARO.A private LCSW gave me a DX of PTSD But it was ignored because the stressors were not mentioned even though the exam was done because of the stressors. Its on record that VARO negatively influenced the out come of the exam because the VARO thought I was lying . Now being 100% for PTSD I filed a NOD for a EED for PTSD to the year of my stressor verification and now it sit and sit and sit with a DRO I thought that was the best way to go first. HELP BERTA !

[Chuck75]

"I filed a NOD for a EED for PTSD to the year of my stressor verification and now it sit and sit and sit with a DRO I thought that was the best way to go first. HELP BERTA !"

I'm not Berta, (Obviously!)

How long has it been just staying at the DRO level?

In any event, if it was my claim, I'd certainly make sure that all the ducks are in line first, then consider sending an email to the secretary, robert.a.mcdonald@va.gov

What you might say in the Email is up to you, but keep it polite, short and to the point.

("When all else fails, use a bigger hammer!") - Old engineering proverb!

It also may be useful to copy to additional addressees, such as your congressional representative, senator, etc.

For whatever it's worth, prejudice against those with PTSD was quite common in the past, and still somewhat exists today.

[Berta]

Can you scan and attach the last denial when they finally gave you a C & P exam?

(Cover your C file, name, address prior to scanning it.)

And the evidence list..

How do you know the Stressor was verified by VA at that time?

It sure was when they awarded the 100%!

Something was definitely wrong here when they denied so many times.

"Its on record that VARO negatively influenced the out come of the exam because the VARO thought I was lying ."

I certainly feel that ROs can and will influence a C & P exam by withholding evidence from the examiner. A few of my claims reveal that is exactly what happened. And besides getting paid by VA to do an exam is an 'influence' that raises to conflict of interest

and we are stuck with it unless we need to get costly IMOs.

Were you diagnosed with the personality disorder BS at discharge?

(I am just think of the Hagel Memo here but it might not apply to you)

Men and Women, it is obvious that when VA denies a SC disability and then subsequently awards for the same disability that somewhere in the past claim they snafued and fubared the past claim.

If they award years after a denial, but with a very low rating, it is possible the disability didnt raise to a ratable level when they

denied it. Possible but when we get a PTSD claim awarded at 100% after years of denial something is Definitely wrong.

And usually the only way to recover the proper retro is via CUE. But that can become Mega retro.

I know Alex will read this and others here , maybe RodandAnn, and others who have won CUE claims and we will all figire out why the denied in the first place.

OUTRAGEOUS! 100% SC now and diddly squat since the first claim....

DustyAO105 Good for you for knowing this stinks and not walking away.

The letter from the deceased VA PSychiatrist should still hold weight!

My RO gave weight (after I raised Hell) to a VA cardio opinion that was 20 years old recently and also in my pending CUE they keep ignoring evidence, particular from a former VA Secretary ,on a letter he sent my husband in 1993.

The only way I even got these two claims filed in 2012 to even be acknowledged by VA was to contact Allison Hickey the Under Secretary however I think we need more info here to see how to help you.

"Now being 100% for PTSD I filed a NOD for a EED for PTSD to the year of my stressor verification and now it sit and sit and sit with a DRO I thought that was the best way to go first"

Chuck asked my question too..How long ago did you file it and request the DRO review?.

Do you get SSDI solely for the PTSD and if so does VA know that?

[Berta]

Just to add, it sounds like a major violation of 38 CFR 4.6

The regulation ( my favorite since they have tried so many times to screw me by violating this reg)
is here:


This is basic VA 101 case law and my RO Buffalo does not seem to be literate enough to even read it.

In late Feb I asked MS Hickey for an assurance that they would apply this regulation to my claims.

They did on the HBP 1151 claim , denied and reversed in weeks but I still await the application to my main CUE claim......which I won , after a denial in weeks, I won the CUE but they said they dont owe me any accrued cash because the veteran's 100% 1151 CVA with SMC was Not Permanent and Total at death.

All of my medical evidence from VA says it was P & T and besides, as I told Ms. Hickey ,death makes any 100% disability a P & T disability at death.

Of course they could not give me any regulation at all for their denial of the accrued and the director wanted me to accept the denial by phone. She said the claim was 'over'. BS to that I have a NOD pending that she forgot about.My NOD has been pending for over 920 days.

This could severely impact any widow or widower with a valid Accrued claim as, although they do not award Chapter 35 and Chapter under 100% 1151 awards, they do under direct SC accrued 100% P & T awards.That is how I got my Champva and Chap 35 long ago.Posthumous 100% PTSD SC P & T award for my husband)

MOST veterans and their survivors dont have 1151 100% awards ,they have direct 100% P & T awards but my claim is so erroneous that I am preparing a Mandamus writ against them because they could pull this crap on any other widow and widower and if that claimant doesn't have access to us here or have a good vet rep, they will lose the benefits they deserves under the P & T status.

I am giving them a little more time to get this right and then I will serve the Writ on CAVC, the Sec, and on the Buffalo VARO.

I gripe about this a lot here because I feel someone out there reading as a guest might well be victimized by the same stupidity and they dont know what to do.They certainly like to pull shit on survivors and have been doing this to me for over 20 years.(by violating 38 CFR 4.6)

But 38 CFR 4.6 is a beauty and is how I won my CUE in 2012 and 2 more since then.

Edited May 13, 2015 by Berta

[broncovet]

There is much here on effective dates. You dont get an effective date from the "date of your stressor".

Your effective date is the later of "facts found" (the date the doc said you had ptsd or the date you applied. There are exceptions, and we really dont know if you qualify under one of the exceptions or not based only on what you posted.

Effective date law is complex, and you should probably give your file to an attorney to see if he thinks you should appeal on the effective date, and why.

If he says yes, then you can decide if you want to enlist his services or not, going it by yourself.

While Im a big fan of hiring qualified representation at the attorney level, you may not need that at the BVA level, especially with hadit and if you have some skills such as reasearch or know someone well who does. Beyond the BVA level is a no brainer, you need a lawyer at the CAVC, with a possible exception of a writ when VA has gone amuck.

Do a hadit search on "effective date" and you will likely pull up some stuff I posted earlier, as it is redundandt for me to do that all again.

Edited May 13, 2015 by broncovet

[broncovet]

What date did your doc diagnose you with ptsd? Was that the same as your effective date? If so, you will likely need to overcome that with medical evidence.

One mistake the va makes is to make your effective date the date of your c and p exam. That is almost always wrong. Why?

Think about it. You have no PTSD at all. You go to the doc and get an exam and "poof" you have ptsd. A doc c and p exam is not a "stressor" that caused you to have ptsd, because, if it did, then you have an 1151 claim as that doc should not be "causing" ptsd, but diagnosisng it and should give a date he thinks your ptsd began. They dont always do that, so, they use the c and p date. Chances are, you already had ptsd when you went for a c and p exam, and that previous diagnosis should suffice. However, va "doesnt like" to use private docs diagnosis of ptsd, because they think the only doc that can diagnose ptsd is a va doc.

[broncovet]

Step one, if you have not done so, is to order a copy of your cfile. The only thing that matters to va is what is documented, not what happened.

I have a friend who has a GSW from Vietnam, but it took 20 years to document it, through a comination of VA errors. They did not think he ever served in vietnam, even after being airlifted out of there with a gsw. Sometimes, medics are more interested in saving your life than writing down in your records the gsw.

Another real possibility is shredded or mishandled evidence. Its as common as ball caps at a baseball game.