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Back on the 14th I had my C&P Exam for my reopened exam. I must first say this is the first time I was asked in the claim form to identify stressors or past stressful events that I participated in while serving. I went in for the exam, it lasted about 2 hours, and I just recently downloaded his report. He marked no for ptsd, but identified three other mental disorders and found them to be more likely than not to be service connected, While strikes me as odd is, he says no to ptsd, but at the end of the report he checked almost every box indicating ptsd? Based on your experience, is this guy trying to help me out, or is he just refusing to find ptsd?
also, I was asked nothing in the interview about social or occupational issues that have arisen due to the depression and anxiety. Should I write a letter explaining those issues that seem to be missing from the report, or should I just wait for the decision?
Thanks for reading. I look forward to participating here.
My opinion is he his not trying to help you once the raters see the word no to PTSD its denied,
they stop reading further, so this examiner is not helping you at all.
Unfortunatley for PTSD it HAS to be a shrink from the VA that DX's you for it, so until you get the VA DX you dont have it. Now just because you dont get SC for PTSD doesnt mean you will be denied. If the mental disorder is different but still related to in service stressor its all the same ratings wise. all MH is rated with the same DC in the CFR
Also remember the VA raters are required to follow up and investigate any "inferred" claim.
For instance, lets say you claim flat foot and nothing else. You go in for a C&P and the examiner notices extreme pain in the plantar region of your feet upon manipulation. You didnt go in looking for a claim for plantar fasciitis, but the examiner discovered it and noted it in his log, the rater is required to find more evidence to back up or deny plantar fasciitis as it relates to SC.
In your case you went with a claim for PTSD, however the examiner noted 3 seperate mental disorders you are currently afflicted with AND has service connected them for you...the rater may DENY PTSD, but they will, being required to infer claims based on evidence presented, rate you for one of those disorders. They should rate them based on the what is the primary disorder. You will only get one rating though, they are not allowed to rate multiple mental disorders, only the primary one.
You see the some wisdom has come into the process for claims, while not always followed they ARE REQUIRED TO FOLLOW IT. You are not a doctor you are not trained to diagnose symptoms. So thats why you can claim "mental issues" or "foot pain" or "back problems" and still get a rating even though they are not technical terms, the VA has to do that side of the work.
Dont get down on this brother, you WILL receive a rating for a mental disorder, what it is and how much will depend. Look at the 38 CFR listing for Mental Disorders.... and check against how the Examiner noted these symptoms in your C&P This applies TO ALL MENTAL Disorders, whether PTSD, Major Depressive or anxiety
General Rating Formula for Mental Disorders
its says at the end.
[X] Depressed mood[X] Anxiety[X] Near-continuous panic or depression affecting the ability to functionindependently, appropriately and effectively[X] Chronic sleep impairment[X] Mild memory loss, such as forgetting names, directions or recentevents[X] Flattened affect[X] Disturbances of motivation and mood[X] Difficulty in establishing and maintaining effective work and socialrelationships[X] Difficulty in adapting to stressful circumstances, including work ora worklike setting[X] Impaired impulse control, such as unprovoked irritability withperiods of violence[X] Intermittent inability to perform activities of daily living,including maintenance of minimal personal hygiene
50-70%, leaning towards 50%
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