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Should I honestly just give up on this part?


rubberduck391

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Hey guys,

Long time lurker first time poster.  I recently completed a C and P exam after a very long time out of the military. My wife and a few of my friends finally got me to seek counseling and file a VA claim. I am currently 10% for skin issues. But I filed for depression. The C and P exam didn't go all that well. She say me litteraly 40 mins thats with time to park check in and see the doc. She rarely looked at me did no tests just typed everything I said and said thank you and I was on my way home. I was hoping some one here could take a look at the C and P notes the doctor wrote and could tell me where I stand. The military docs DX me with depression and dx dysthymic disorder, Personality Disorder NOS (dependent and avoidant traits). The examiner disagreed and just said I have a personality disorder. From what I have read on teh forums is this is the kiss of death for veterans. I don't have the financial means to hire a lawyer and the DAV here locally isn't really responsive to me. Could some one take a look at the notes and let me know of options I may have or not have? Should I just hang up the hat and call it a day?    

Regards,

Duck 

UPDATE: Ebenefits has changed my status to  Pending Decision Approva. I submitted my claims back in April. Seems to be moving rather quickly. 

Edited by rubberduck391
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rubberduck391

I had a very similar experience with my Gulf War CP Exam that went the same way. Despite the fact that the I had 4 of the 7 primary symptoms for GWI addressed in my medical records, and that the CP exam was scheduled for over 4 hours, the examiner only took 20 minutes and never made eye contact with me at all. I found despite the medical evidence to the contrary that there are just some doctors who just don't believe in Gulf War Issues and have a strict bias against the evidence? This is the same type of thing that happened with the Vietnam ERA  Agent Orange Claims that were largely ignored for years and later to be overturned in a big way. The only way to counter this is to get a separate IME/IMO that provides a strong opinion for the GWI that counters the original exam. I was denied the GWI depite the fact that my evidence was so strong...

 

Take Care and Godspeed Rootbeer22

 

 

 

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rubberduck391, I agree with rootbeer22, if you could obtain an imo from your treating psychiatrist, detailing your depression and symptoms and, most importantly, stating something to the effect "it is at least as likely as not that rd391's depression is due to his or a result of his military service", then listing the reasons and basis for that statement, it would help tremendously. If the doc seems unwilling to do an IMO, try printing out a Disability Benefit Questionnaire for depression, you can google the form VA DBQ, and links will pop up, print it out, and see if your mental health physician would be willing to complete that. I have found that it is often more difficult to get doctors to write statements than to fill out the DBQs, and submit it ASAP. Best of luck to you

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Rootbeer22, Flores97

Thank you both for the replies. This has been a long issue I have had that I tried to sweep under the porch for a very long time. I didn't really ever it to resurface. Thank you both for reading the C and P.  I tried calling the VA to make an appointment to see a doc but got bounced around a few times and had to give them by number to give me a call back. Still short on funds at the moment so I wouldn't be able to spring for a Psy. Dr appointment at this time. 

My heart kinda sank when I read the Personality Disorder Diagnosis the examiner gave me. The reviewers do they read the whole claim or just what the Examiner writes? 

 

- Duck 

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They are supposed to consider all of your evidence, rubberduck391, but it rarely happens that way.  Would it be possible for you to go to the VA and get your VA MH doctor to complete a DBQ,  unless you have a copay there should be little to no charge

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rubberduck391:

If I've learned nothing from the VA disability processes, it's that you can and must  never give up and keep pushing until you get justice. All of this is very very complicated and we are constantly learning new things about the VA disability processes and how they work. I believe that most of the folks that are handling our claims are very good folks doing a very tough job and they do care. Yes, in many cases things don't go our way but we need to keep working to understand the regulations and laws that govern our claims and use that information. Consequently, people like Berta and Asknod (and many others) are brilliant veterans  advocates here at hadit.com that provide lots of great advice. During my initial claim, the rater made a comment in my claims notice about my tank main gun explosion that I was involved in and that I should pursue it further? So, last year,  I went thru this exhaustive TBI review process and was granted only 10% for TBI. Although I was a bit disappointed at first,  that it was so low considering my brain injury and memory conditions, I felt that at least I got it finally service connected which was a great victory for me. I've learned that many Vets were not even service connected for TBI despite having solid evidence. So, I'm filing a NOD and will keep pushing until I get the right rating....so much of it is about continual  learning and knowledge (by carefully reading the haditc.com forums that closely relate to your contested contentions) as well as lots of patience (which I personally have very little of) and perseverance. I've seen Vets where they just keep fighting and fighting (sometimes for years)  until they finally get that success...and I see those "success forum"  hadit.com posts all of the time which reinforces the idea that hard work eventually pays off for many...the people who actually lose are the ones that just throw their hands up and eventually just quit? Frankly, my first 70% rating was really really hard work to obtain, the next 20% that got me to 90% overall,  was like climbing Mount Everest  without oxygen..and now the push for 100% may take many years but I continue to push up  the ladder, one wrung at a time....until in get to 100%.

Hang in there....Rootbeer22

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"Pending Decision Approval" sounds pretty good to me. I don't know, but I would take that any day over my "Under Review" status and I'm just a month behind you.

Good luck and keep digging. I've got 10% after 34 years and it's kind of a joke for an armorer working on a firing range not wearing earplugs: driving a 5-ton truck with supplies and trainees at an engineers training site for ALL the Services.

Even IF I win my claim, my quality of life sucks so bad 24 hrs/day (for 34 years so far) that I will never win again. The VA has screwed me so long, it's too late for any hopes of a normal life. I spent my last $18K on a nexus and an imo: I shot my last wad. I will probably die a homeless Warrior "Under Review."

Your status sounds encouraging to me!

 

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