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R762

PTSD - C&P Exam "Stressor"

Question

I e-mailed my DAV representative yesterday. I have a C&P exam this Friday. I asked him if I should bring in my buddy statements, awards, Release of [medical] Information, my DD Form 2807-1 (which shows I asked the Regimental Medical Officer that I was seeking help/advice for reoccuring nightmares that stemmed from a military operation the pentagon 9/11).

The Rep responded, "You do not want to submit anything at this time, getting the exam is a huge step, because if they did not verify your stressor they would not have requested the exam".

My Question: So, should I not bring my medical records for proof? In the beginning, It was my understanding that I would want to bring in as much information as possible.

 

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 "If I do have proof that I was asking about recieving help while I was in, but was denied due to wrong diagnosis (pointed out be VA), wouldn't that be CUE?"

As far as I can tell if the OCPD ( I assume this means obsessive compulsive personality disorder?)

was put onto a past rating sheet as NSC with a percentage, it would be a CUE.

The actual exam (once they release it) might even have a statement to the affect that the older diagnosis was wrong.

Were you aware of this OCPD diagnosis at all?

 

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On 4/24/2016 at 1:25 AM, Gastone said:

Was your PTSD C & P completed at your VMC by a VA Staff Psychiatrist, Psychologist PhD or a contrat Dr? The exam in 2005 (which stated I was OCPD not PTSD) was outsourced and not done at a VA the exam last Friday Was completed at the VA Hospital, at the C&P Exam rooms by a VA Psychologist (who was prior service)

If completed at your VMC, a copy of the PTSD DBQ as well as any clincian notes, should be on your MHV Account within about 3-5 days. Posting a redacted copy of the DBQ & Clinician Notes would be informative. I have downloaded the DBQ from MHV, I will redact and post for y'alls review

Very seldom, will you get a Medical Dr, to opine about another Dr's mis-DX from years ago.[He pointed out over and over that the original exam was wrong] After reviewing the 38 CFR 4, what do you think your rating should be? I thought mine was a 30 lock, with a possible 50, came back a 70. Good thing I wasn't my Rater. I don't even know what they would rate me, I am thinking 30 or possible 50. But not holding my breath.

Semper Fi

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On 4/24/2016 at 4:40 AM, Berta said:

 "If I do have proof that I was asking about recieving help while I was in, but was denied due to wrong diagnosis (pointed out be VA), wouldn't that be CUE?"

As far as I can tell if the OCPD ( I assume this means obsessive compulsive personality disorder?)Yes, "Obsessive Compulsive Personality Disorder"

was put onto a past rating sheet as NSC with a percentage, it would be a CUE.I will have to wait for my C-File to see what was in there.

The actual exam (once they release it) might even have a statement to the affect that the older diagnosis was wrong. I did not see anywhere  on the DBQ response from the VA examiner pointing out that the previous examiner in 2005 was wrong.

Were you aware of this OCPD diagnosis at all?

I do not remember being informed that OCPD was a diagnosis (It does show up on the ebenefits under disabilities as "not service connected" which is BS, This Fridays examiner stated that the OCPD was secondary to the PTSD)

 

 

 

Edited by R762

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It appears that you had a very positive C&P exam.  If your rater interprets the results correctly, you should do fine.

What I find concerning in this thread and some others (as well as a personal experience with an IHD telephone C&P), is the fact that some C&P examiners are giving their opinions on disability compensation amounts, service-connection (other than direct service connection with the use of SMRs), effective dates, appeals, and CUEs.   These issues are not within the purview of C&P examiners!  If an examiner even mentions or discusses any of these things during a C&P exam, then it could be reasonably inferred that the examiner used, has used, or will use, that information in his/her evaluation of the veteran.  That information is irrelevant to the veteran's claimed condition(s);  and the examiner is prohibited from using it in any way whatsoever in determining the medical status of the veteran.  If I, or some one I was assisting, were ever to have a less than a completely positive and accurate C&P exam and any of these issues were discussed, I would immediately challenge the exam as inadequate and improper!

I would be especially concerned with a mental health C&P because of that devious little devil called, "secondary gain."  The tort defense bar uses it in almost every medical malpractice case in the attempt to discredit the plaintiff by convincing the trier of fact that the claimant is exaggerating the severity of the symptoms or even malingering to increase any monetary award.  I know the VA disability adjudication process is "non-adversarial."  I also know that the moon is made of Swiss cheese.

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2 hours ago, GuaymasJim said:

It appears that you had a very positive C&P exam.  If your rater interprets the results correctly, you should do fine.

What I find concerning in this thread and some others (as well as a personal experience with an IHD telephone C&P), is the fact that some C&P examiners are giving their opinions on disability compensation amounts, service-connection (other than direct service connection with the use of SMRs), effective dates, appeals, and CUEs.   These issues are not within the purview of C&P examiners!  If an examiner even mentions or discusses any of these things during a C&P exam, then it could be reasonably inferred that the examiner used, has used, or will use, that information in his/her evaluation of the veteran.  That information is irrelevant to the veteran's claimed condition(s);  and the examiner is prohibited from using it in any way whatsoever in determining the medical status of the veteran.  If I, or some one I was assisting, were ever to have a less than a completely positive and accurate C&P exam and any of these issues were discussed, I would immediately challenge the exam as inadequate and improper!

I would be especially concerned with a mental health C&P because of that devious little devil called, "secondary gain."  The tort defense bar uses it in almost every medical malpractice case in the attempt to discredit the plaintiff by convincing the trier of fact that the claimant is exaggerating the severity of the symptoms or even malingering to increase any monetary award.  I know the VA disability adjudication process is "non-adversarial."  I also know that the moon is made of Swiss cheese.

see attached

 

 

Edited by R762
redacted DBQ pdf taken off-line

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