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. 

[PCW]

Thanks Buck. That was a helpful link.

Edited December 26, 2015 by PCW

[jcox129]

Update: Last week I received my award letter. My attorneys had filed an NOD in January. I am now 70% for PTSD and Major Depressive Disorder, and they gave me retroactive pay starting December 2013 with three dependents. My deposit went through the day after I received my award letter. We are now filing for Individual Unemployability. I will post in Success Stories when I have more time, but wanted to thank everyone for the encouragement and advice.

[Guest]

Jcox, sorry that you are going through what you are going through but congrats on your win.

[Vync]

JCox,
Congratulations on your win! Yeah, it makes you wonder if some of the VA employees are are thinking at all sometimes. Your persistence has definitely been a factor in your success. Also, since you are filing for IU, if you have not already filed for it, consider filing for SSDI.

[jcox129]

Thanks. My attorney referred me to a SSDI lawyer too, and I just contacted his office and am waiting to hear back.

[Vync]

That rocks! Best of luck on your IU and SSDI claims!