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C&P Exam Question Depression or PTSD


smoothc100

Question

I’m going to make a long story short here LOL I filed a claim for PTSD and was denied and the claim has been sitting as an appeal since 2013.  Since the VA acknowledged I suffer from depression NOS related to military service, I decided to file a claim for depression and anxiety.  I go in for my 3rd C&P for mental health, but for depression and the Examiner is using the DBQ form, but he diagnoses me with PTSD according to the Case Management Rep. I spoke with.  He proceeds to tell me that they want the Examiner to complete the PTSD DBQ and I will have to take another C&P exam sometime in the near future.  This isn’t the first time this has happened to me with mental health exams.  My first C&P the examiner stated I experienced what every soldier does in a combat environment and proceeded to state I didn’t have PTSD but depression; however, the VA didn’t give me any disability for it at all.  Now my claim has went from a July 2016 completion date to November 2016 and back to gathering dust instead of prep for decision.  My questions are:

1.  If you go in for a C&P exam and the examiner finds something else wrong and attributes it to military service is the VA not supposed to look into it or give you a rating for the new disability?  I thought I read that somewhere in a VA reg., but I could be wrong.

 2.  Should I take another C&P exam especially if this is an administrative issue?

 The worst part about it all is my medicine cocktail is for individuals suffering from PTSD, but every VA mental health doctor even the good ones will tell me to my face I have PTSD, but stop short when it comes to annotating it in my medical records.  

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"1.  If you go in for a C&P exam and the examiner finds something else wrong and attributes it to military service is the VA not supposed to look into it or give you a rating for the new disability?  I thought I read that somewhere in a VA reg., but I could be wrong. "

You would still need a nexus to your service.

Why was the PTSD claim denied?

 

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Berta,

It was originally denied because there was nothing in my Army medical records, but I have been receiving treatment by the VA while in the Air Force. They also stated the timeframe from the events during my deployment to the time I started receiving treatment as another reason for denying the claim. I had an IME done, DBQ, letter from my Vet Center therapist, and statements from family and friends, stressor statements, and was still denied. Last year I obtained an IMO/Nexus letter from one of Dr. Bash's colleagues. The funny thing about the whole thing is the VA regs state your medals are taken into account, which they are not it seems.  I have Armed Forces Service Medal and Kosovo Campaign Medal.   

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The only time VA concedes stressor is if the PH, CAR, or CIB is on the DD 214.

Or if you fall into the new 2010 PTSD criteria with service consistent with fear of and/or close proximity to hostile fire.

Does the IMO develop the inservice nexus  for PTSD or for depression?

Have you been able to prove the nexus?

 

 

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'' It was originally denied because there was nothing in my Army medical records, but I have been receiving treatment by the VA while in the Air Force. They also stated the timeframe from the events during my deployment to the time I started receiving treatment as another reason for denying the claim. 

you need to get those medical records from when you were in the Air Force receiving treatment! Especially if it was  MH Treatment?

 Most important You need a DSM5 PTSD Unspecific depressive disorders  Diagnoses from the VA MH, 

You need to fill out statement in support of claim  and tell them in your own words what happen and where as for as your stressors and have the service records to back you up  for the event that happen & that you were in fear for your life. check on things like  Buddy statements  ect,,ect,,,

statement from spouse/girlfriend describing your mental behavior (how you are)now opposed to how you were before the military .

the bad night mares the sweating, the unstable fear of people around you,   you may have suicide ID? You may feel numb to other around you and not sociable ect,,ect,, all these things need to be mention to the VA For the C&P EXAMINER to base his/her decision on to send in.

If you have your in service records  and DD-214   They should state where you were and what unit you were with while in combat  or  hostile enemy territory, a veteran does not have to be in actual combat to get PTSD  if you seen anything that was traumatizing to you  like dead body's  or covering up dead body's, (body bags) or seen witness a brutal killing, or seen the enemy get blowed up from IED, Road side Bombs  ect,,,ect,, tell your story in the'' statement of case'' 

Check your MH Records Notes in MyhealtyhVet...get favorable information from that...MH may have some notes that can help   like ''veteran as guilt from (gulf war)  in your case ''kosovo''..unless your a vietnam vet also?

If not as Ms BERTA MENTION you need a nexus from a qualified Dr (physiatrist) stating that he/she has examined you and give an opinion that its like as not this veteran PTSD  DSM 5 WAS CAUSED FROM HIS MILITARY SERVICE  WHILE SERVING IN (name the war conflict)

check MyHealthyVet Notes or get your medical records from the information release of records at your VAMC .

You Also should request your C-file There  very well could be information (records) in it that could seal your PTSD Claim.

you can request your military records from St Louis Mo  at NRPC...REQUEST ALL MILITARY RECORDS THEY HAVE  ..Request on FOIA Form. (If you haven't yet?)

jmo

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

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Buck,

Thanks for the advise.  I've done most of the things you've mentioned.  I'm still waiting on my C-File unfortunately.  I was being seen at the VA during my time in the Air Force (Reservist), so they have my treatment records already. It seems the are not wasting anytime as I received a call about 2 hrs ago stating I would be scheduled for a C&P between 8-21 July, 2016. I think it will be about 2 months or so after that hopefully. It will be a contractor again, but I guess its not a bad thing.  I will keep you all posted. 

Anyman73,

Yea your right some campaigns are forgotten in the public eye, but troops are still deploying to these places.

 

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