VA Ordered a Second C&P But Did Not Use The Results

[Okemos_Veteran74]

I had a C&P last September. The PhD diagnosed me as having anxiety, depression secondary to the tbi.
In my latest results there is no mention of this C&P. It would appear that the rater did not give any merit to these new diagnoses.
Is it a common occurrence for a rater to 'pick and choose' or do they have to go with the diagnoses that give the benefit to the veteran.

This of course requires that the two C&P exams were performed by equally competent professionals. Or is there something else I am missing?


I am trying to deal with what I consider a loss (by writing and talking about it). I appreciate any input.


Thank you

[Okemos_Veteran74]

 

LOL.  Thank you Berta for listening to me.  

  I have heard that the SSD decision and the TDUI need to "line up" (Same conditions for both).

  I didn't get any opinions on the ADHD thing, because it was the last thing that was listed on my SSD decision.  I thought that having the brain injury as the primary disabling condition was good enough.
  If this doesn't come back the way I want, then I am going to hire legal representation.  I'm thankful that my disability % went from 40% to 50%, but I believe I deserve higher.


 

[Berta]

It would be great if the shrink can add PTSD, with a full medical Rationale ( you have been diagnosed with PTSD vy VA already) and also add that in their opinion, the ADHD is a direct result of the TBI.

I found these 3 links in mere seconds and there might be more that the doc could use to bolster their opinion.

http://www.medicalnewstoday.com/articles/298478.php

http://www.traumaticbraininjury.net/adults-with-history-of-tbi-have-higher-chance-of-adhd-diagnosis/

http://www.psychiatryadvisor.com/adhd/tbi-attention-deficiy-hyperactivity-disorder/article/434012/

Even if you stated to VA in the past that maybe you have the ADHD prior to the TBI, the TBI affected your memory so they should disregard that because nothing you feel you remembered propr to the TBI should be held against the claim.

I feel you should be awarded 100% or TDIU ( same amount of Comp) but that might take some time to get these conflicting C & Ps properly assessed......

 

[Berta]

I hope others will chime in... yeah I know Guys    ......lots to read.......in the C & P exams here 

but that is how I won all of my claims.....I did a LOT of reading.....

and one of the best features here allows us to read C & P exams and learn how VA can SNAFU them from the git go,  and it can happen to anyone here

and, as a widow they did every single posthumous C & P for my dead husband ass backswards...knowing he could not speak for himself ......but I sure never accepted their crap.

[Okemos_Veteran74]

I received some new information this afternoon.  Apparently the DRO  thought that the claim for ptsd and IU were for an appeal.  So they did not include the rating in the rating that I just received. 

 

  I'm not sure I buy this completely.  It sounds like I am being told that the C&P exams were going to be used for an appeal.  However one of the one condition that I was rated for was Tinnitus.  The tinnitus C&P was given at the same appointment that the PTSD and IU was.

 

According to my VSO the DRO told her that they had made a mistake, and it would take a month or two to correct it.

 

  So I think my rating will go back to 40% , and I will loose the Tinnitus 10% and SMC-K.  At least now I have my SSD.