Denied for PTSD and Depression after C&P examiner made diagnosis of Borderline Personality Disorder

[jcox129]

Today both my PTSD due to MST and my Major Depression claims were denied. I had my C&P on 12/17/2015. I picked up my exam notes from the records department of my local CBOC where the exam had been held, and just a few minutes later my MST coordinator called to tell me of my denial. I checked e-Benefits and it has already been finalized with notification letter sent. 

The C&P examiner did several things I find fishy and that I was uncomfortable with during the exam, and then apparently diagnosed me as Borderline Personality Disorder and reported that I don't have PTSD. I had been diagnosed with PTSD by different (civilian)doctors in both 2006 and in 2014. I am very upset by this because in her report, she states that I meet all the criteria, but that she won't count the D and E criteria because she thinks it fits better with a BPD diagnosis. I have no idea how or why she made this determination. She said my symptoms were "long-standing." Well, yes, they were, because the stressor that caused my PTSD occured 17 years ago. This is what her notes said when she denied that I have PTSD.

“The Veteran is reporting an alleged sexual assault during her time in the Army that would meet Criterion A and reporting symptoms consistent with criteria B, C, F, G, and H. However, her reported mood symptoms, anxiety, impulsivity, substance use, irritability and angry outbursts, risky behaviors, risky sexual behaviors, and social and occupational are better accounted for by her BPD diagnosis.”

“The symptoms she is reporting that would meet PTSD criteria D & E are better accounted for by her BPD diagnosis, appear to be long-standing and more of a characterological nature.”

I don't feel comfortable at this time sharing more of her C&P notes. It is still too fresh for me.

I am trying to figure out what my next step will be...filing for an appeal or a reconsideration. Any advice or insight would be greatly appreciated. 

[Buck52]

 jcox129,

You should file a NOD  notice of disagreement, it keeps your EED going.

There are someHadit members that have Filed MST/PTSD  when they see your post I'm pretty sure they will chime in...but be sure to file an NOD..you will have a year to rebut their decision.

its hard to talk about things like this but  for some people that has claims similar   they maybe able to help   and there are some members that can help you  with the things you need to do  the elder members like Ms Berta,broncovet ,asknod,Gastone Vync,Jonhh999,J Basser,Georgiapapa,Pete992,USMC_VET, Andyman,and a lot more there all pretty good folks

you may check out Asknods blog. Asknod.com I believe?

please don't feel ashamed we all understand your dilemma& feel your pain.

you can get through this.

God Bless

 

.....................Buck

[zuluvictor81]

First ill say i am sorry about what happened to you....

I am assuming you have a VSO and would say file a NOD and depute everything the C&P said and state that is contrary to treatment records and request a new C&P and also ask for a DRO review on the smae form since it is quicker and is kinda like a appeal but still gives you the option to move forward to a full BVA Appeal if necessary.  you can request a DRO review in person at your VARO or just to have a phone interview as well. if your claim is over 1 year old a reconsideration wont work.

I am sorry that this seems to be the standard of C&P since i have a friend that filed PTSD due to MST in the group i go to. She was denied her first filing 8 years ago because the Doctor said she was disciplined because she was so ashamed and wanted it just go away so he did not be-leave it happened even though there was full police reports and treatment records that said it did( mind you he did not even look at her file even though he said he did), Her appeal filed promptly. she finally went for the second C&P 3 months ago and the doc actually looked at her file and even said in the exam notes that it was clear the first doc missed everything and said yes she did have PTSD due to MST. But then she went on to say even though yes she has it but her depression was because of her prior to service family life all because children services did a investigation on her family because her sister who was 10 years older then her got pregnant at 16 so there must have been family issues that caused it. Mind you she also said she came alone to the Appointment even though she came with her mother and was fully aware of that and also said she had not been getting treatment even though there was tons of notes that said she was and also claimed that she would get better if she got treatment. She did win her claim at the DRO level for 30 percent but she is still continuing on to the BVA since she does not agree with the C&P docs assessment since most of what was listed rated at the 70 percent level.

The point i was trying to get to is do not let a broken system that is built on denial to take the courage it took to get help and treatment and to file for what you deserve away. For 17 years You had your life stolen from you because of this and a sorry or compensation will just never seem like enough but at least in my case its a need for it to be acknowledged that it did happen and not feel like a closet case who went and lost all their marbles for no apparent reason. It takes real courage to ask for help as you know from service it is looked at as a weakness but after all these years and to many therapy sessions to count it makes you even stronger because you survived all these years with that much pain and your still trying to fight the battle.

 

[Andyman73]

Today both my PTSD due to MST and my Major Depression claims were denied. I had my C&P on 12/17/2015. I picked up my exam notes from the records department of my local CBOC where the exam had been held, and just a few minutes later my MST coordinator called to tell me of my denial. I checked e-Benefits and it has already been finalized with notification letter sent. 

The C&P examiner did several things I find fishy and that I was uncomfortable with during the exam, and then apparently diagnosed me as Borderline Personality Disorder and reported that I don't have PTSD. I had been diagnosed with PTSD by different (civilian)doctors in both 2006 and in 2014. I am very upset by this because in her report, she states that I meet all the criteria, but that she won't count the D and E criteria because she thinks it fits better with a BPD diagnosis. I have no idea how or why she made this determination. She said my symptoms were "long-standing." Well, yes, they were, because the stressor that caused my PTSD occured 17 years ago. This is what her notes said when she denied that I have PTSD.

“The Veteran is reporting an alleged sexual assault during her time in the Army that would meet Criterion A and reporting symptoms consistent with criteria B, C, F, G, and H. However, her reported mood symptoms, anxiety, impulsivity, substance use, irritability and angry outbursts, risky behaviors, risky sexual behaviors, and social and occupational are better accounted for by her BPD diagnosis.”

“The symptoms she is reporting that would meet PTSD criteria D & E are better accounted for by her BPD diagnosis, appear to be long-standing and more of a characterological nature.”

I don't feel comfortable at this time sharing more of her C&P notes. It is still too fresh for me.

I am trying to figure out what my next step will be...filing for an appeal or a reconsideration. Any advice or insight would be greatly appreciated. 

jcox,

I want to apologize for what happened to you.  I know it's not my fault, but I want you to know I feel hurt for you. 

While my situation doesn't even belong in the same building as you, I too had a MH C&P exam where I was treated as if I was telling fairytales.  This inspite of the boatload of evidence to the contrary. 

One of similarities is this, my examiner didn't think I have depression, or just minor, even though I am DXd by a VA MH Dr. with MDD.  I filed for depression secondary to chronic pain.  I have multiple pain related SCDs, some of which were awarded to me back in late 1998.  Which kinda lends to the chronic pain issue.  My VA MH dr says chronic pain plays a HUGE part in depression.

So the examiner wrote that he couldn't see how a minor leg injury could lead to chronic pain based depression. 

Oh, one more thing, my exam was on November 3rd., about 6 weeks before yours, and I have not heard one thing. 

Do you have your C-file? IF not file a request for it ASAP!!!  It will take some time to come, but will have very important info in regards to your claim, and will help determine what you need to do, as well.  Same for your service record and service treatment records.  You can request them all at the same time on the same request form.

If you can post your C&P results on here, with the identifying info redacted, some of the smart Vets on here will be able to give you some good guidance on your next step.

I will be praying for you.

Semper Fi.

Andyman

[broncovet]

You have been given good advice.  File a NOD, as Buck said.

If you had previous PTSD diagnosis, then it makes me question as to why VA even ordered a C and P exam.  If you had(have) a current diagnosis, in service event, or "stressor" for PTSD, and a nexus or link between the two, you should NOT need a C and P exam, because you already have the requisite evidence.  Its called "developing to deny".  Its VA 
"Doctor shopping" to find a doc who will give evidence to deny.  They can always find one, if they send you to enough exams.  Dont let em do that.  

Colvin vs Derwinski (also called a "colvin violation") requires VA give a "reasons and bases" as to why they chose an unfavorable exam over favorable ones.  Did they do that?  Did they give reasons why this exam was more probative than your older diagnosis?   VA can determine that one examination is more persuasive than another  but they have to  say why, such as one exam was more thorough (for example if they indicated they read over your complete history, while another exam did not).  

If you are self represented, then order your cfile.  If you have a VSO, tell him/her to do the same.  Review what the docs said in the reports. 

You have to make sure the VA actually has, in their possesion, the more favorable exams.  Were those listed in the "evidence" section of the decision?  If not, then you may be able to reopen due to New and material evidence (38 CFR 3.156), but you first need to know if those more favorable exams were in VA possession.  

[Andyman73]

What he said!

Also, if you have contentions not claimed, but are in your service treatment record, you really need to file claims for them, as well.  And same goes for any secondary conditions that may have developed over the years, caused by any injury or illness while you were in.

In for a penny, in for a pound. 

Semper Fi.

Andyman

[USAF-Vet]

If you haven't already done so, probably be a good idea to speak with your congressional rep. as well.

File the NOD and follow other suggestions.