ptsd CUE DECISION AWARDED FROM NOD

[Storm]

Good Evening Everyone,

 

      Happy New Year to everyone, I was shocked but I now I have more to go.  Heres the decision :

                               

                                                                                            INTRODUCTION

 

            The records reflect that you are a veteran of the Gulf War Era and Peacetime. You served in the Army from February 1986 toJuly 1986 and from September 20,1990  to July 4 1991. We received a Notice of Disagreement from you on February 8,2016 about one or more of our earlier decisions.  Based on a review of the evidence listed below, we have made the following decision(s) on your claim. 

                                                                                                 DECISION

              Entitlement an earlier effective date for service connection of post traumatic stress disorder (previously claimed as dysthymic disorder) is granted because of and clear and unmistakable error was made; therefore, a 50 percent evaluation is assigned effective September 3, 2012.

 

              Entitlement ton an earlier date for service connection of post traumatic stress disorder(previously claimed as dysthymia disorder) is granted because of a clear and unmistakable error was made in assigning an effective date of February 3,2014,the date of receipt of VA form 21-526EZ Fully Developed Claim was received; therefore, a 50 percent evaluation is assigned effective September 3, 2013, the date of receipt of your claim for PTSD.  You were denied service connection for PTSD in the rating decision of October 21, 2013 because you did not attend your exam.  You advised us on February 4,2014 that you missed your exam due to a conflict in your schedule, but were willing to report for VA exam. You reported for VA exam on November 10,2014, were diagnosed with PTSD, granted service connection in the rating decision of January 31,2015, notified of that decision on February 9, 2015.  February 8, 2016 we received your Notice of Disagreement in which you stated you believe you should be granted PTSD back to 1995. Please be advised the claim for PTSD received September 8, 1995(error it was AUG) resulted in a VA exam that did. not have a diagnosis of PTSD, you were diagnosed with dysthymic disorder claimed as PTSD; you were notified of that decision on October 2,2002.  You did not appeal that decision and it thus became final October 2,2003. one year from the October 2, 2002 notification letter advising you that dysthymic disorder was not service connected.  This decision is now final as the one year appeal period has expired.  It was not until your most current VA exam that PTSD was diagnosed and related to service, As stated the proper effective date is September 3, 2012 as the claim received on the date has been continuously prosecuted from that date and thus did not become final.

 

  Please feel free to chime in on anything because although, I'm happy and grateful for my award  and the VA Cueing its self. I can't be shake the feeling of still going for a CUE back to 1995. They admitted in the decision. Dysthymic Disorder PTSD.  And on my DD214/15 all my SWA Medal,National Defense, Liberation of Kuwait Medal didn't ring a bell in the initial denial back in 1995. 

I apologize if I posted in the wrong topic before sorry.

                                                                                                                                     Thank you

                                                                                             

 

 

 

 

 

       

[Berta]

• "VA Form 21-4138 from Veteran claiming posttraumatic stress disorder dated September  2,1995"

Yippee so far

Do you have a copy of this C & P exam?

• "VA Mental Disorder Examination, VAOPC, dated December 4,1995

This statement is a real pisser:

"4 Service connection for dysthymic disorder .

We grant service connection for a disability that you currently have if this disability began in service or was caused by some event or experience in service.  Service connection for dysthymic disorder, claimed as posttraumtic stress is denied because your service medical records do not show any treatment for dysthymic disorder in service nor has any evidence been submitted showing treatment shortly after."

It clearly states you claimed PTSD. If the bogus dysthymic disorder is taken away from this statement ...then,like hundreds, no Thousands of veterans with PTSD, they had no treatment in service for it and many went Years without getting PTSD treatment. Duh and double duh.

What were these memos for?

• Memorandum to C&P Service  dated October 9,1998
• Memorandum from Dr. R. O. ORES dated April 20 2000

 

[Berta]

Did the last denial have a diagnostic code and "NSC" with any rating % at all on it for the dysthymic disorder BS?

[Storm]

3 hours ago, Berta said:

What were these memos for?

I don't know whats in those. As for the Mental VA Mental Disorder Examination I know that these were taken also for the Persian Gulf Registry. In my records there's a Neuropsychology report I took and it states:

PSYCHIATRIC HISTORY: She was diagnosed with dysthymic disorder By DRXXX at the time of his compensation and Pension Mental Disorder Evaluation. I know that's a diagnosis while the VA had the claim in hand. dated 3/23/98

No, I dont see any diagnostic codes.

 

[john999]

That dysthymic disorder DX is the VA trying to get out of PTSD dx IMO.     Did you get compensated for it?   When I want for first rating in 1972 the VA said I had schizophrenia  that was only mildly related to Vietnam service etc.   What they were saying was when I enlisted three years earlier I was schizophrenic, but fine military doctors just missed it up until I came home from Vietnam and started to have classic PTSD symptoms.   There was no such DX as PTSD in those days so they just said  "vet has anti-social PD and schizophrenia"  give him 10%.  I do remember VA gave me MMPI and were so alarmed by results the doctor who gave the test did not want to see me again.  I told him all I saw were pools of blood when they gave me Ink Blot test.  They actually used to do that back in the day.  From that day back in 1972 I knew I was at war with VARO and VA system in general and that they were taking no prisoners.  To keep my compensation low they were willing to destroy my reputation and standing when I went to try and get federal job.  My DD-214 had a spin code that said I was a  sociopath.  This goes over big with perspective employers if they look at dd-214.  I got all that changed but even after I got discharge upgrade to full honorable the spin code remained identifying me as nut job with non -existent criminal tendencies.  This was the grossest kind of libel and slander.  I should have sued them but I did not know enough and someone else did it for me.

[Berta]

Do you have a copy of this C & P exam?

• "VA Mental Disorder Examination, VAOPC, dated December 4,1995

The VA might have given you the wrong C & P exam.

Many years ago ,probably on the older hadit board, I posted the AMIE C & P worksheets they used to use..

We need some opinions on this:

"Generally, the predetermination team in the regional office’s VSC determines the kind of examination needed based on the available medical records and uses one or more of 58 examination worksheets (referred to as AMIE worksheets, after the Automated Medical Information Exchange system for which they were originally developed in 1997) to describe for the examiner the specific requirements of the examination. There are separate worksheets for specific diagnoses (e.g., diabetes mellitus, hypertension, cold injury, posttraumatic stress disorder [PTSD]) and for certain body systems (e.g., eye, genitourinary, dental and oral, mental, hemic disorders). There is one sheet for a general medical examination. Although there are 58 different examination worksheets, the 10 most frequently requested examinations account for 67 percent of C&P exams (Brown, 2006b) (Table 5-1).

The first 57 examination worksheets were last thoroughly revised (by a workgroup with representation from VHA, VBA, and BVA) when they were incorporated in the AMIE system in 1997. Using the AMIE system, they can now be downloaded by examiners in the VA medical centers. The 58th worksheet, for social and industrial assessments surveys, was added in 2004, and the diabetes mellitus worksheet was updated the same year. In 2005, the worksheets for eating disorders; initial evaluation of PTSD; review examination for PTSD; joints; mental disorders except PTSD and eating disorders; nose, sinus, larynx, and pharynx; prisoner of war (POW) protocol examinations; and spine were updated (VA, 2007d).

In 2002, another VHA/VBA/BVA workgroup developed the C&P Service Clinician’s Guide (VA, 2002a). The guide includes the worksheets and

11	38 CFR 3.326, “Examinations.”

https://www.nap.edu/read/11885/chapter/7#150

 By the time of your C & P exam, for the PTSD claim, I believe this indicates the examiner might have used the wrong C & P form.

I cant determine if the VA gave you an Initial Evaluation Exam for PTSD or an exam they decided was for MH disorders other than PTSD. 

Those Memos and the C & P generated by the 1995 claims should be in your Medical records file, or maybe in your C file....?

 

 

 

 

 

[Storm]

 

Yes @john999I was just rated in 2104 50%. After all those years. That's why it gave it me the push to keep going with this. Wow thats the way they work cover ups doctors that don't to deal with anything. They want you to confide everything to them then you'll see it all in your records to slander you in the long run. I learned that long ago. Stick to whats ailing you and nothing else.  How are you able to link PTSD if it wasn't  a DX? I remember reading about the Nehmer for Vietnam. I hope you receive everything you entitled to. I can say I had one doctor who was a really good doctor he was guided me in the right direction. Thanks to his guidance there's proof in my file because of him. I didn't understand at the time.