Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

MH cp exam, examiner states you don't have something you have been diagnosed with for years

Rate this question


seminoles

Question

I had a cp exam and recently received the results,  I found it odd that the box asking if I was diagnosed with multiple mental health issues said No was checked as I have numerous diagnoses in my VA chart and my last mh cp exams all had yes checked?   Also, I am being treated at the VA for all of them, one of which is panic disorder with agoraphobia.  I do not leave my house alone, ever.  I am on a lot of benzos (I know) because of my panic disorder and yet she said I do not have panic disorder nor panic disorder with agoraphobia.  The last cp examiner said I do have them, which was 3 months ago, but they weren't service connected........ It was rated then and combined with my other mh etc. I am not sure of her angle here, she was super (or acted super concerned) during my exam.  I was having a really bad day honestly and had a panic attack in the waiting room and well, afterward one isn't exactly my best emotional state.  I have bipolar 2 (which I am rated for as well) and I have depression issues from that as well.  Because I was in such a state during my exam I was actually afraid she was going to Baker Act me, I had to assure he repeatedly that I wasn't actually suicidal.  Yes I have suicidal thoughts but I was not suicidal.  There is a difference, I had to explain that to her.  It was really hard and I was a wreck.  She seemed genuinely concerned that I was having such a hard time receiving care through my local va and that choice was taking so long getting me therapy, etc.  She asked all the questions she was supposed to.  This exam was because the first exam was a 10 minute exam where the examiner did not do the full dbq and I requested another.  The box she checked on my notes is for 30%, and she said I have mild bipolar.  That is a joke honestly.  When somone's mental health is at the point that a cp examiner is asking them repeatedly if they are suicidal during their exam, they don't have a mild mental health issue.  She wasn't simply checking the boxes.  I feel like she was covering the other examiner's behind.  In the big picture I guess it doesn't matter, I am IU PT.  Does her saying I don't have panic disorder with agoraphobia negate my diagnosis of every other psychiatrist that says I do? 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

yes upload the ones that are favorable to your claim not all  they don't want to read 100 pages of notes, also just give your lay statement as to why you wanted to submit these as to prove your diagnose and counter what the C&P EXAMINER MENTION AT THAT PARTICULAR EXAM.

keep these notes as you may need them later if you have a DRO Hearing.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
Just now, Buck52 said:

yes upload the ones that are favorable to your claim not all  they don't want to read 100 pages of notes, also just give your lay statement as to why you wanted to submit these as to prove your diagnose and counter what the C&P EXAMINER MENTION AT THAT PARTICULAR EXAM.

keep these notes as you may need them later if you have a DRO Hearing.

I won't upload a ton of notes, just that statement from 2013 from my long time VA psychiatrist and my response to her exam, she didn't even ask me a single question about my panic attacks?  yet stated I don't have panic disorder with agoraphobia.  She must have opined this because I she asked me after seeming VERY concerned and asked if my family ever took vacations, and I was honest and told her that after finding out that Disney has disability accomodations, which will make it so I don't have to wait in lines that we were going to take our young children for hte first time. That we were using the Disability services and staying off of Disney at a condo so I didn't have to be around loud crowds, could eat in our condo and just go to the park for a short period of time and leave as needed.  THAT was what she based her decision on, I supposed, funny how they twist things and only include that I was going to Disney, not how I had to go through a ton of crap and how hard it was for me to do that for my children.  I wouldn't care if she wrote that, that is the truth.  I busted my butt and sucked it up and did it.  That was a huge deal.  Did they get to spend hours in the park each day?  No, but they got to go to Disney (we live in Florida, so it isn't like we flew and drove for days) but still, I had to be on a ton of benzos and use my walker, etc. I am sure there are many veterans with ptsd, etc. who go to Disney or do other things and have panic disorders etc. I don't like being lied to, and I feel like this is a game to the VA and that really makes me mad.  It shouldn't be like that.  I wish they would video tape these damn things and that way no one can lie.  I would love that.   I am at the point that I won't go to any appointment alone anymore at the VA except my neurologist, he is about the only provider, him and my urologist that I don't think are full of crap.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Yes I understand how they can miss- construe what we say at our exams.

I think if you luck out and get a rater that is sense-able and understanding  this won't be a problem.

over the years I learned at a C&P  never volunteer information if they don't ask, and only answer the questions with direct answers or say something like   yes that should be in the computer  ,If you can Mr smith can you find it .ect,,,ect,,,

when they get on a subject like what she ask you about vacations,  & if you never mention this to any of your Dr's before  (so it won't be in your notes'') just say no we have not been on vacation now in a long time  b/c of my S.C. disability's Another burden to my family. that is more what they want to hear....another burden to my family.

in my opinion when I hear a examiner ask questions like that or says  ''it is not me who makes the decision''  a red flag comes up and tells me this examiner is NOT veteran family and will do his best to have me denied...so I am very cautious of these type questions.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
1 minute ago, Buck52 said:

Yes I understand how they can miss- construe what we say at our exams.

I think if you luck out and get a rater that is sense-able and understanding  this won't be a problem.

over the years I learned at a C&P  never volunteer information if they don't ask, and only answer the questions with direct answers or say something like   yes that should be in the computer  ,If you can Mr smith can you find it .ect,,,ect,,,

when they get on a subject like what she ask you about vacations,  & if you never mention this to any of your Dr's before  (so it won't be in your notes'') just say no we have not been on vacation now in a long time  b/c of my S.C. disability's Another burden to my family. that is more what they want to hear....another burden to my family.

in my opinion when I hear a examiner ask questions like that or says  ''it is not me who makes the decision''  a red flag comes up and tells me this examiner is NOT veteran family and will do his best to have me denied...so I am very cautious of these type questions.

I was honestly in my worst state ever at an exam, I had had a panic attack in the waiting room, was in a complete state of tears and this woman kept repeatedly asking me if I was suicidal and telling me she was really worried about me, I was really afraid.  I thought she was going to have me baker acted.  She even went so far as to ask how I discipline my children?  I have never had anyone ask me that in over 15 years of psychiatrists.......it was scary honestly.  Because I was so fearful, I lost my head and didn't follow my own known rules for these guidelines.  She took advantage of my very vulnerable state. 

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

yes I know exactly what you mean, just some times we need to think clearly at these types of exams  if we can that is!!! and I certainly understand what you mean.

unexpected exam questions like that  they are trying to get your anxiety high so you will slip up/off your guard...took me a few years to learn that old trick.

Here on hadit TBird has a site as to what type of C&P Your going to have and  she has a place that you can go and read about these types of C&P Exams and what to expect and how to answer some of the questions , that helps a lot.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
4 minutes ago, Buck52 said:

yes I know exactly what you mean, just some times we need to think clearly at these types of exams  if we can that is!!! and I certainly understand what you mean.

unexpected exam questions like that  they are trying to get your anxiety high so you will slip up/off your guard...took me a few years to learn that old trick.

Here on hadit TBird has a site as to what type of C&P Your going to have and  she has a place that you can go and read about these types of C&P Exams and what to expect and how to answer some of the questions , that helps a lot.

I should have known better for sure, this ain't my first rodeo...good news is that it won't reduce my rating for mh or my overall but it isn't an accurate rating either.  Just pisses me off that they pull this crap.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use