ptsd Advice needed

[manni]

I went to C&P exam for my IU, before submitting my claim for IU I was rated 50% PTSD, 50% vision, 30% Migraine and 10%TBI. I had my first C&P for Migraine which lasted 15-20 minutes, and then I had C&P exam for PTSD which took about one hour, 15 minutes she was on her phone talking to one of her patients and then she spend about 20 minutes trying to find my military records on her computer. Then she asked me 3 or 4 times about driving and I told her I don't drive anymore. Of course she didn't mention that on her report. Her other question was when I started service and I gave her my DD214. I also gave her a letter from VOC rehab which says I don't qualify for VOC Rehab because my health problems are too severe and again she didn't mention that. I gave her a DBQ from my neurologist which says I can't work but again she didn't mention anything about it, she just mentioned the medication that I'm taking and then wrote TBI has no effect on my social and occuptional  life.
For PTSD she mentioned the following:

OCCUPATIONAL AND SOCIAL IMPAIRMENT DUE TO MILD OR TRANSIENT SYMPTOMS WHICH DECREASE WORK EFFICIENCY AND ABILITY TO PERFORMOCCUPATIONAL TASKS ONLY DURING PERIODS OF SIGNIFICANT STRESS, OR SYMPTOMS CONTROLLED BY MEDICATION

Of course she didn't mention what every Psychiatrist and Psychogists that I visited the last 3 years wrote about my PTSD (severe PTSD).
I still have vision C&P exam but I don't think this will go well too.
Anyway, from what I red I think my PTSD rating will go down from 50% to 10%, I know some will say C&P is just a part of the claim and it doesn't have total effect on rating, that is WRONG C&P decides what rating you will get and the rater depends totally on what is mentioned in the C&P exam.
My question is this, if I get a PTSD DBQ from outside the VA hospital (since no Psychiatrist in the VA will fill one) will that have any effect on my claim or it is too late now?
Will DBQ filled out by a Psychologist have the same as one filled by Psychiatrist?
Is there anything I can do to help my claim?
Any advice will be highly appreciated

[Chuck75]

On 1/28/2016 at 0:56 PM, flores97 said:

Manni,  so she was a licensed psychiatrist? Ok, RIGHT AWAY, get an outside doc to fill out your dbq, a professor would be even better as they outrank docs i do believe. (PHD). But if you know a doc already that is willing to complete one for you, get it done. Also submit a statement in support of claim with a copy of the exam and tell them everything that happened at the exam. Be as detailed as possible. There could be some other things as well and im sure some more experienced members will chime in. Good Luck, Manni, keep us posted

A PHD is A PHD, and a doctorate in medicine is just the start.  Anyway. another factor is the reputability of the institution, medical or otherwise.

A specialist's opinion on a recognized institutional letterhead is often given more consideration than one with the specialist's personal letterhead.

 

[flores97]

That makes sense, thank you Chuck75. 

[manni]

OK so this is what happened today, I took my my PTSD DBQ and went to the VSO to ask her to submit it to the VARO.

She looked at it and was reading everything and then said I don't think it will be a good idea to submit this DBQ to them now, I asked her and why is that? She said this one says you are 100% disabled because of your PTSD and the C&P doctor put you at 10%, that's a BIG JUMP from 10% to 100% don't you think so. Then she continued, C&P examiner was MD and your DBQ is from psychologist PHD. MD opinion will overweight that of psychologist PHD.

I told her but this lady knows my condition because I've been in therapy with her for sometime, while the C&P examiner saw me for one hour and asked me only couple questions. She said it doesn't matter, if this DBQ from your psychologist recommended 50% or 70% then that would be more helpful for your case.

I'm totally lost now and confused, any ideas please

[broncovet]

Manni

   Here may be a concept that I did not want to accept at first:

VA EMPLOYEES DO NOT ALWAYS TELL YOU THE TRUTH.  

   This looks like one such case, based on your post.  "The Doctor" does not decide the disability percentage, that is done by a rating specialist.   So, "The Doctor" did not "put you at 10%".  

     Sometimes if a doctor even attempts this, then rating specialists get mad.  The doctor reports symptoms, and whether or not your injury is "at least as likely as not due to military service".  

    Based on the erroneous statement made by this VA employee, I would pretty much reject this employee's statement entirely and disregard it.  

    There is also not good case evidence of "MD's"   Trumping "Ph'd's".  To be competent to provide an opinion to be used by the court, the examiner needs to have expertise in the applicable field by training and experience.  VA uses nurses, nurse practioniors, and probably dog catchers for C and P examiners all the time.   

    You also brought up "thoroughness of the exam" which is important, and discussed at the CAVC level. For example, in the case of reductions, the exam to reduce you needs to be as thorough as the exam which got you there:

    

Edited February 25, 2016 by broncovet

[flores97]

Manni, I agree with Broncovet. If you are close enough, take it to the RO and walk it in. Include a statement detailing how brief your incompetent c&p exam was, and tell them at the RO you have new and material evidence you want to deliver to the rater. This should tell the rater that you are serious about getting your claim approved, and that you wont be giving up. It will also tell them that you  are knowledgeable enough to challenge the incompetent exam. I believe Asknod, one of the senior members of this forum, has gone into the RO to speak with the rater, successfully. Going to the RO also worked for me, i was scheduled for a videoteleconference on the spot.  If nothing else, it should give you an opportunity to tell which way they might be leaning on your claim. I hope this works out for you, and one more thing. The VSO's get paid whether we lose or win. Good Luck to you, please keep us posted.

[manni]

Update...
Just checked Ebenefits and it shows am in PFN, but the weird thing is when I check under disabilities I have the following:
PTSD New
IU New
Migraine INC
PTSD INC

The first 2 (PTSD & IU) were not there yesterday, they were just added. Any idea what that means??