ptsd Is this a CUE

[kluender]

 

I just read my cousin's VA medical records and discovered that in 2006, during a consultation, the clinical psychologist wrote, "...one could make a case for PTSD, but I was struck by his severe major depression.  He reports vague hallucinations, which may be part of a schizoaffective disorder, but could be associated solely with a severe major depression with psychotic features."  He also wrote, "While in the military, he did experience a trauma in seeing a fellow soldier underneath the tires of a truck, although this individual did apparently recover. He noted continued bad dreams about this."  

 

Prior to the psychologist's assessment, under symptoms/diagnosis, PTSD is checked. After the assessment, depression and PTSD are both checked with a question mark beside PTSD.   

05/19/2015, he filed a claim for "service connection for post traumatic stress disorder, to include depression" and was denied "because the medical evidence of record fails to show that this disability has been clinically diagnosed." Also, "During your VA examination, no diagnosis of PTSD was made. Also, we have not found that you experienced a stressful event in service, including fear of hostile military or terrorist activity."  

 

Around August 2016, he applied again and noted trauma from seeing his friend injured under a 2 1/2T and also from having his hometown best friend, who my cousin talked into entering the military with him, die after his truck went over a bridge. He received 10%. A NOD has since been filed. I found the psychologist's 2006 diagnosis after the NOD.

 

Can anything be done about oversight of the 2006 diagnosis of PTSD and severe mental depression at this late date?

[Berta]

 

Not enough info. Did he file a formal PTSD claim and then receive a denial in 2006?

If so does he still have his rating sheet from that 2006 claim? If so can he scan and attach it here (cover C  file #,name, address etc.)

Is the 10% he has now for  PTSD?

Or is the 2015 claim the first formal claim for PTSD he made?

Can he join us here? 

[FormerMember]

Always remember Clemons v. Shinseki. We are  not trained in the arts of psychiatry so we cannot self diagnose. We are not expected to be able to decypher the difference between depression and PTSD-or, for that matter, a schizoaffective disorder. Always best to claim MDD and let the brain boys figure it out. They're all rated under the same Diagnostic code anyway.

[kluender]

Berta, he didn't realize he was diagnosed with a mental disorder in 2006 until yesterday when I told him. He didn't file a claim for PTSD until 5/19/2015 and was denied. He filed again for PTSD in 08/2016 and was awarded 10%.

A NOD was filed due to the low rating. His VA record reflects that he reported suicidal thoughts, lack of sleep, withdrawal from friends and family, nightmares, continuous thoughts of a friend who was run over by a 2 1/2ton while he was in the back of the truck and continuous thought about his best friend who died in an accident.

The 10% rating he has is for PTSD.

He's not computer savy. In fact he doesn't own a computer.

Is the 2006 diagnosis a mute point at this time?

 

[Berta]

I feel it is a Moot point Kluender, because CUE depends on an actual "decision" that contains a legal error, that ultimately manifests an outcome that was detrimental to the veteran.

That would also have to be a decision that also held a rating at least at 10% for  a NSC MH issue. We don't know if his rating would have been 10% in 2006.Without a formal denial  ,since no claim was filed until 2015, I dont know how he could claim CUE.

This stuff bothers me...he obviously has had VA care yet no one ,except you, were able to even try to help him until 2015.I met a vet at the VA Chapel once, who had been a VA volunteer there for decades ( he was quite elderly, and had a GSW on his DD 214 and had been in WWII. I thought all along when I would see him at the VA, over the years , that he was compensated for PTSD.But we formally met after a Chapel service and he told me he  had just been diagnosed with PTSD and someone there in Building 38 was helping him with his claim.Bldg 38 was where the state reps were and also a VA rep came to the VAMC a few times a month. Not a single person at the VA  had ever told him to file a VA claim....and many knew him well.

What bothers me is this....your vet filed and was denied (2015)  then filed again and was awarded in 2016- seems like that went fast....

I wonder if his EED is correct or if this was a re-open of the 2015.

The EED, if wrong can be corrected with a CUE, even within the appeal period.

The rating is certainly too low and I am glad he is fighting that.

Thanks for helping him!  I was stunned at what the WWII vet told me.Everyone knew he had a GSW from WWII and that is a very valid stressor. 

Geez I learned to try and ask about VA comp right away when I meet any veteran.

I briefly met a disabled Marine at our Church luncheon Thursday, who is getting his care at the local VAMC. If he comes back to our church I will ask him about his disabilities. There was no chance to really talk with him at the luncheon about that because many knew him as a former church member and he had just moved back to the area and they wanted to talk to him. He would be about the age of most Vietnam Vets who went to Vietnam.

 

 

 

 

Edited February 12, 2017 by Berta

[kluender]

Berta, he didn't realize he was diagnosed with a mental disorder in 2006 until yesterday when I told him. He didn't file a claim for PTSD until 5/19/2015 and was denied. He filed again for PTSD in 08/2016 and was awarded 10%.

A NOD was filed due to the low rating. His VA record reflects that he reported suicidal thoughts, lack of sleep, withdrawal from friends and family, nightmares, continuous thoughts of a friend who was run over by a 2 1/2ton while he was in the back of the truck and continuous thoughtsabout his best friend who died in an accident.

The 10% rating he has is for PTSD.

He's not computer savy. In fact he doesn't own a computer.

Is the 2006 diagnosis a mute point at this time?

 

[kluender]

Oh Berta, you made me cry. Like you, I feel terrible when I hear about stories like this. My cousin has been spinning his wheels for years. He has a veteran brother-in-law who has done quite well with his claims, but hasn't cared enough to help out. Actually, my cousin is my cousin by marriage, but to me it doesn't matter. He's been very kind to me since I got to know him a few years ago. He's a veteran who has many disabilities and there's no way I can turn my back on him. I'll do whatever I can to help with the little inowlege I have. He thanks me over and over for helping him receive 10%, but I'm very disappointed. It's a beginning though. Even though I spend as much time as I possibly can helping, I still don't think he's getting the help he deserves. When he jumped off the 2 1/2ton truck after the truck ran over his friend, he messed his back up, but there's nothing in his record to prove it. He also has a skin disease that he developed in Panama referred to as "jungle rot", but doesn't have enough proof in his active duty records. He's practically deaf (he was an 11B), but can't hear instructions at has C&P. The examiners refer to him as "uncooperative". He's been denied twice.

I have my own challenges. This is my husband's 5th bout with larynx/lung cancer in the last few years. In a couple of hours we have to head back to Charleston for 6 weeks of chemo and radiation. I'm so tired, but I'll continue to help my veteran when and as much as I can.

i know you're busy and I don't know if you read this, but it sure felt good to get this stuff off my chest.

Thank-you so much for your kind heart Berta.