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C&P Exam scheduled for my husband FINALLY!!!

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ErinNick

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After sending in an intent to file in Sept 2015 and formally filing in September of 2016, my husband has been scheduled for his C&P exam later this month!  Any pointers or advice from you seasoned C&Pers?  We are hoping to get disability of at least 70% the first go around (in my opinion and in knowing him for 10+ years, I believe that he possesses most of the traits for those with PTSD at 70%).

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You are right. I was almost raped when I was 17. I fought the guy off ,screamed  and prayed loudly for Jesus to save me. Jesus showed up.  I never talked it about to anyone until I told the local VA Chaplain a few years ago.

I was not raped. It was the first and only time in my life I ever punched ,kicked, and scratched anyone.

I forgive him and try to never think about it  but found I could not work in a local abused person shelter someone asked me to volunteer to do that.

 Long ago part of a former VA psyche's testimony was on TV from a hearing she attended. The VA had found her guilty of sexually abusing a disabled male veteran who was her patient. She admitted it happened. These people need to be locked up.

 

 

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On 6/2/2017 at 5:21 PM, Berta said:

It will all depend on the C & P MH diagnosis.

And even if the diagnosis is PTSD, we Never know what the VA will do at that point...it all depends on evidence.

I hope you realize that many of us here are hard core claimants, who had years of denials that, through perseverance, and more evidence, eventually  turned into awards.

The Personality Disorder diagnosis is  never a good thing, thanks for sharing that......Did he claim both adjustment disorder and PTSD?

After the 5 day suicide attempt hospitalization ,has he accumulated treatment records from the VA and/ or a private doctor? I am sure VA wanted to do follow up care for him.

If they do deny him we can help prepare the NOD.

I had stated:

"As an incountry OIF/OEF vet he should not have too much trouble getting a comp award, based on what you posted here."  That too depends on how the C & P exam goes.

The PD diagnosis I just read here bothers me...this is why it is helpful when we are able to read denials here from the VA. But with a VA MH diagnosis, of PTSD that will change everything (hopefully)

Hey Berta.. Just curious, why does the personality disorder bother you and why is it never a good thing?  Is it a never a good thing when it comes to PTSD claims?  Just trying to prepare myself for what could happen.

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The VA does not service connect any vet for a Personality Disorder.

Many veterans with that diagnosis do manage to overcome it, because it is an incorrect diagnosis of their true mental condition.

The 2010 regulations, however, have made it more difficult for some veterans to do that.

Analysis"Upon review of the foregoing evidence, the Board concludes that the Veteran is not entitled to service connection for an acquired psychiatric disorder, to include PTSD, depression, anxiety disorder, panic disorder and personality disorder. The Board finds that the Veteran does not have a psychiatric diagnosis that is eligible for service connection by VA standards. Therefore, the first element of service connection (a current disability) is not met."

“Personality disorders are not diseases or injuries within the meaning of the applicable legislation for VA compensation purposes.  38 C.F.R. §§3.303(c), 4.9, 4.127; see also Winn v. Brown, 8 Vet. App. 510, 516 (1996).  Although a personality disorder may be capable of progressions, it is excluded from service connection as non-compensable.  See O'Bryan v. McDonald, 771 F.3d 1376, 1380-81 (Fed. Cir. 2014).  In any such case, the presumption of soundness would not apply. See Morris v. Shinseki, 678 F.3d 1346, 1354-56."

 

"A regulations specifically prohibit service connection for a congenital or developmental defect, unless such defect was subjected to a superimposed disease or injury which created additional disability. See VAOPGCPREC 82-90 (1990) (cited at 55 Fed. Reg. 45,711) (Oct. 30, 1990) (service connection may not be granted for defects of congenital, developmental or familial origin, unless the defect was subject to a superimposed disease or injury); Carpenter v. Brown, 8 Vet. App. 240, 245 (1995).”

https://www.va.gov/vetapp17/files2/1710020.txt

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9 hours ago, Berta said:

The VA does not service connect any vet for a Personality Disorder.

Many veterans with that diagnosis do manage to overcome it, because it is an incorrect diagnosis of their true mental condition.

The 2010 regulations, however, have made it more difficult for some veterans to do that.

Analysis"Upon review of the foregoing evidence, the Board concludes that the Veteran is not entitled to service connection for an acquired psychiatric disorder, to include PTSD, depression, anxiety disorder, panic disorder and personality disorder. The Board finds that the Veteran does not have a psychiatric diagnosis that is eligible for service connection by VA standards. Therefore, the first element of service connection (a current disability) is not met."

“Personality disorders are not diseases or injuries within the meaning of the applicable legislation for VA compensation purposes.  38 C.F.R. §§3.303(c), 4.9, 4.127; see also Winn v. Brown, 8 Vet. App. 510, 516 (1996).  Although a personality disorder may be capable of progressions, it is excluded from service connection as non-compensable.  See O'Bryan v. McDonald, 771 F.3d 1376, 1380-81 (Fed. Cir. 2014).  In any such case, the presumption of soundness would not apply. See Morris v. Shinseki, 678 F.3d 1346, 1354-56."

 

"A regulations specifically prohibit service connection for a congenital or developmental defect, unless such defect was subjected to a superimposed disease or injury which created additional disability. See VAOPGCPREC 82-90 (1990) (cited at 55 Fed. Reg. 45,711) (Oct. 30, 1990) (service connection may not be granted for defects of congenital, developmental or familial origin, unless the defect was subject to a superimposed disease or injury); Carpenter v. Brown, 8 Vet. App. 240, 245 (1995).”

https://www.va.gov/vetapp17/files2/1710020.txt

Well, he did not claim Personality Disorder on this claim.. only PTSD.  Even though he was diagnosed with PD back in 2003, I truly believe it was a mid-diagnosis and what he truly has had all along is PTSD, as his most recent diagnosis in 2013 is PTSD (from a VA hospital doc).

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  • HadIt.com Elder

Personality disorder is designed to legally keep the VA from paying anyone benefits. It also places a horrible stigma on that person. The military likes to live in a peculiar denial that anything that happened could cause someone to have issues. It has happened repeatedly, and many people just want out, feel helpless, don't seek legal counsel. The Military counts on that.

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