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 !

[DustyAO105]

I was self medicating while on active duty. I was named in a undercover (NIS) Naval Investigative service sting . I never used any kind of drugs before I came to the Navy. I was a SH Barber which is in the supply Div. The Officer over the Supply Div. introduced me to drugs. When it was time for rescue operations and evacuation assistance I had do a different job being a former Boatswain mate manning utility boats was not a problem for me. And the Drugs took the fear away, regardless to whatever the VARO may think,, the evacuation of Saigon was no cake walk. Long story short. the Officer in charge of my Div was arrested and I was named as a user and had a choice of the wrath of Captain's Mass NON Judicial Punishment that consisted of a lost of present and coming rank dock 1/2 of my pay and 60 day restriction and Honorable Discharge or Court Martial and a chance to be Dishonorably Discharged. So years later of not knowing what was wrong with me I started PTSD treatment in the mid 1980's I didn't know what DSM IV was or what it meant or was I suppose to ask for the exam. Anyway the VARO used my in service drug problem to influence the C&P examiners saying I was a trouble maker even telling that I had no medals , So over 30 yr.s all my medals, ribbons, and awards I never knew I had caught up with me and all or on file now. Closing if I stand a chance of a CUE back to the year of my discharge tell me thanks for all help.......

Edited May 15, 2015 by DustyAO105

[Berta]

They did admit to verifying the stressor after they first denied.....but they questioned that you did not have a PTSD diagnosis at that time....????
(this was prior to the 2010 regs requiring a VAMH diagnosis)



It says right there that you DID have a PTSD diagnosis regarding the treatment records from 2002 ro 2004....
Dr. Holcoomb's letter vconfirms that as well..

Then they throw in the BS from a Dr Mendoza (is he really a shrink?) Did you check his credentials out via healthgrades or anywhere on the net?

It does say they would "reconsider" the PTSD in the future with additional evidence....

Then they did award for PTSD

Dr. Coyle, and Dr Holcomb, diagnosed you with PTSD.

Two VA docs didnt.

It looks to me that they did not extend to you your BOD rights. Relative Equipoise.... When VA weighs opinions bothfor and against the claim and most often this garners an award under Benefit of Doubt.


Did they make any statement at all as to how they weighed the evidence under Relative Equipoise.

They didnt extent me BOD about 2 months ago and I raised hell and the director even apologized to me for that....
I need to read this over again hopefully others will chime in, and if they didnt extend BOD there might be a way to CUE that like I did recently.

The fact that this decision in the pdf says they would "reconsider" is something you can hold them to for a better EED..

Sometimes I think I have seen it all but this situation is baffling and unfair.

I see a possible CUE back to the first claim you filed. And a possible reconsideration could be based on that date as well.

I dont see any CUE/recon potential beyond that date ....but others will chime in

[Berta]

This might help if they denied you your BOD rights in that past decision:

VA owns the scale they weigh medical opinions on..but stillthis is one of our most important rights......Maybe there was more to the decision? I didnt see anything on how they applied BOD in that pdf you attached.

Edited May 15, 2015 by Berta

[DustyAO105]

Still looking but they did mention the BOD rule but it wasn't applied and said the 2 examiners didn't give me a PTSD Dx and that it out weighed everything else and due to inconsistencies on my part . But I get a reply from Was DC VA now I get a C&P and all the info that was no good a decade and a half ago is now good enough for 100% rating .Thanks for all the help from everyone .

[DustyAO105]

Thanks for your help Berta and any others. I just don't want to waste time with the EED if there is a CUE and if so how do I switch from a DRO hopefully EED award to a CUE ? Thanks again. and talk about Buffalo, the VARO in New Orleans are like mobsters.

[DustyAO105]

@ Berta Dr. Coyle, and Dr Holcomb are VA staff Psychiatrist .Thanks for the help.