ptsd C&P Mental Health Exam

[63Charlie]

I filed for PTSD. 

I was kicked to sleep on base, and diagnosed with a skull fracture.

VA determined I have PTSD... but that it isn't service connected. 

Instead, the VA determined that I have general anxiety disorder, and major depressive disorder, and service connected me with a 50% rating.

It's all documented in my SMRs.

 

.

 

Edited August 28, 2016 by 63Charlie

[john999]

I think you should throw it all at them the first time.  If you fail you get more IME's.  Yes, new evidence helps with NOD.  I used VA's voc. rehab, worker's compensation doctor, a couple of private doctors who I knew could write good reports.  I still did not win total victory the first time.  I had to go back twice more with new evidence to get P&T and EED.  Hey, your motto from John Wayne is about the same as Wild Bill's.  If you use the VA then  you will be  insulted sooner or later.    When you get IME you point out to doctor exactly the problems you have with VA's exam and rating.  You can keep up fantasy of the opinion being totally unbiased, but you don't want an unbiased opinion.  You want one that helps you since you are paying for it.  It must appear to be unbiased.  We all know VA exams are biased in direction of default option to be denial or low ball rating.  The evidence you hold back may be the evidence that would have put you over.  Berta says the enemy is not the VA but time.  When you have to appeal a rating you must wait 18 months to two years.  I have had to appeal every single rating I ever got until I got P&T.  It was easier after that since I had little to gain.

 

                     John

[Buck52]

Well the way the VA is if they fail to read evidence submitted the first time around... then re-submit it on your NOD... B/C if they don't read it or consider it the first round  and its not in your reason & bases of the decision   then them idiots won't even know you submitted it the first time,around .... ok  now if they do go back and possibly read it  in your NOD they stick there foot in their mouth......I Would think?

b/c the evidence was there in the first round to basically substantiate your first round!

I think it sucks for  a veteran to have to go get a Private IMO the second time around just to please them when the first round of evidence is clear cut. besides most veterans don't have private Insurance and can't afford a Private Dr

About the only advice I can give is for the veteran to organize his/her  first initial  claim and lay it out nice and neat prepare it as to where they have to read it..., point out the evidence by # or letter  see page 1 second paragraph, or letter ( a) on page 3  ect,,ect,,  hi-lite the evidence that is most strong in your claim & point it out to them, submit it in a organized fashion using clear color plastic sheets in between he subject matter, making it easy for them to read.

Always put your name and address and claim number on the top left of every page you submit.

First page would be an index of what you have sent them with the subjects, like> records of medical, STR's  D'r's names, dates ,& locations any crucial part of your evidence in order, then in each category place a clear COLOR plastic sheet in between each separate topic of evidence, when it comes to the very strongest of your evidence  I use the Red clear plastic sheet, this makes them wake up and take note as to how your prepared for your claim  and it tells them you know what your doing, but just remember this  its the strong concrete evidence that will win your claims.

you simply want them to read all of your evidence

And of course in the last section  

Thank them in Advance for their most valuable time in helping you with your claim

 cordial  yours

 Jack Q Veteran  # 123-45-6789

Note: Always type this in dark ink...writing in pencil is ok or print clearly with dark pencil lead , but since they are digitizing our C-FILE  & copying them over to CD ROM Disk  Some times the imaging copy does not read a written report in pencil lead.

jmo

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

Edited August 24, 2016 by Buck52

[john999]

When I go for C&P exam I gird my loins (David in the Bible) and prepare for war.    "There will be blood" usually mine.    These guys are not your friends and can smile in your face and be killing you.  The VBA is just an uncaring organization whose only reason for being is to see how little they can hand out to disabled vets IMO.  What Buck is saying is true.  You act nice and they act nice, but it means nothing.  Evidence is all.  You should not have to submit IMO's but it is the easiest way to get a claim moving.

[King156]

On 8/21/2016 at 9:37 AM, Buck52 said:

I never understood this.

When a veteran is denied and the obvious is they never read his/her evidence that they submitted and was denied  now the veteran NOD's  but can't use the evidence they already submitted   b/c on NOD THEY require New & Material Evidence   now how stupid is that BS.

Anyone care to comment?

Is there actually a regulation that says the NOD requires "NEW" evidence? Or is it just something the VA made up to make veterans give up early?

 

Either way, was the OP actually diagnosed with PTSD by a MD?  I didn't see him say that he was.

[john999]

When I was filing claims you did not have to have new and material evidence to submit NOD.  All you are saying is that you do not agree with the VA's rating at some level.  Now it is good to point out exactly where and how you disagree and present new evidence to bolster your claim, but why do would you need new evidence just to appeal your claim.   I think what used to be true is that if you wanted to ''Reopen" your claim they VA demanded you have new and material evidence.  I don't know if that is still true or not, but consider if you reopen the same claim with same evidence you will probably lose because the VA will look at the prior decision and look for new evidence.  If they don't find any then they probably just rubber stamp the old denial. 

I do not believe you need new evidence to appeal your denial or low ball rating.  I don't even think you need it to reopen a claim.  If someone can quote me the regulation that says you need New Evidence to appeal your claim I would really be grateful.  I don't want to give out bad advice.

[Buck52]

I STAND CORRECTED ON MY PART OF THIS POST   YOU NEED NEW & MATERIAL EVIDENCE  AFTER   A FINAL DECISION IS MADE..OR  USUALLY REOPEN CLAIM.

NOD is usually for R.O. DRO Hearings and BVA

JOHN999 IS CORRECT