PTSD Results are in - DENIED- Advice needed

[IMEF-Gunny]

So, I have my denial letter. I have posted my redacted exam, follow up from same C&P psychologist where he answers the question of aggrivation of pre-existing condition and copy of denial letter. Bear in mind that he failed to include things like our discussion about frequent panic attacks, where he asked me to describe the physical attributes of such but then chose to list it as "none", he made no mention of my friend who died in the Gulf, he handpicked excerpts from my VAMC notes not including the bad, but only snippets of the better comments by my attending psych dr.....standard VA employed C&P examiner tactics.

I currently have two seperate PHD level Psychologist reviewing my entire file to evaluate the Dr's opinion give me their independent medical opinion. One of those Dr's has performed C&P exams for VA as a contracted Psychologist.

My questiona are:

1. What do you think my chances are of getting this remedied and/or getting this SC?

2. Should I file to re-open the claim with IMO's or simply file the NOD, include IMO's and request DRO review?

3. Should I approach this from the pre-existing (Aggravation) aspect or PTSD (considering it would require a VA employed C&P examiner to opine and agree with a PTSD diagnosis, essentially going against the first VA Dr's opinion)

My VSO has been useless, no contact and I'm considering, if I opt to re-open and get shot down again, hiring a law firm to assist. Any advice from seasoned vets is appreciated.

RedactedAggravation.tif

RedactedDenial.tif

RedactedPTSDExam.tif

[Reddit]

I would NOD/file for reconsideration and for depression.  You have been diagnose with depression and PTSD, so you should of file for both.  Never talk about the negative of your family, (drugs, alcohol and family divorce) because they will blamed everything on that. 

[john999]

Yes, shoot for a "depression" service connected DX.   It does not require all the stressor stuff and will get you to 100% or IU just as fast.  I would say no more talking about the screw job you got from the VA to the VA.   It amounts to nothing unless you can show they violated their own rules.  Getting new medical evidence for a depression claim would be much faster IMO.

[Buck52]

gunney sounds like you got an AH **** EXAMINER

If I was you I'd NOD this & request a DRO Hearing   with new and material evidence  you can't use the existing evidence  so IMO is in order ...

Ask the Dr to go into more Detail about your VA Dx PTSD & Lay statements and that he has examined you read pertiaint medical records and it is his pro opinion this Veteran meets the required criteria for the 100% rating 

Dr to add  his credentials and years experience. 

Ask that the DRO Hearing be expedited because you feel that your claim has been under continue VA  persecution.

[IMEF-Gunny]

Thank you for the input thus far. I have sent all of my documents associated with this claim to two seperate PHD level psychologist that are within 4 hours of me. Neither knows me personally, so no hired guns. Dr Val***e requires $2500 flat fee for IMO, but I've heard that he is well known amongst the VA and his IMO could actually not be beneficial for my claim.....don't know how true that is and nothing against him.

They say clear & unmistakable pre-existing depression, "purely speculation" to say what % aggravation might be due to service.......but in the same breath say I was deemed fit for service and do not meet but 1 of the criteria for PTSD.......due to crappy C&P.....however, if you pain your way thru the C&P his notes actually list several items that would meet said criteria!

Frustrating!

 

[RVoorhis]

5 hours ago, IMEF-Gunny said:

Thank you for the input thus far. I have sent all of my documents associated with this claim to two seperate PHD level psychologist that are within 4 hours of me. Neither knows me personally, so no hired guns. Dr Val***e requires $2500 flat fee for IMO, but I've heard that he is well known amongst the VA and his IMO could actually not be beneficial for my claim.....don't know how true that is and nothing against him.

They say clear & unmistakable pre-existing depression, "purely speculation" to say what % aggravation might be due to service.......but in the same breath say I was deemed fit for service and do not meet but 1 of the criteria for PTSD.......due to crappy C&P.....however, if you pain your way thru the C&P his notes actually list several items that would meet said criteria!

Frustrating!

 

Before you decide what your going to think on it for a day or so. 4 years ago I filed for PTSD related to MST and of course got a negative C&P and was denied, VSO was useless and did NOTHING but file paperwork.  The initial denial took 2 years then I appealed, I paid for that IMO from Dr Brett Valette, had another C&P with a brilliant psychiatrist with the two doctors in my favor was granted 70% PTSD dated back to the original file date 4 years earlier, 4 years of back pay! 6 weeks ago I filed for TDIU by myself on Ebenny's, I contacted Dr Valette for a second IMO, he gave me a nice discount and today just 6 weeks later 100% permanent / total with almost 5 years of back pay on the way because they dated that back to 2013 as well. Think about it, was a very good investment for me! 

I live with terrible mental health issues because of what happened to me in the Navy but at least now I can live easier financially. Funny enough under the circumstances and what I went through the money was anti-climactic... Good Luck

[john999]

RV

 

            You are making my point better than I can.   I did something like what you did but it was back in 2002.  I used three IMO opinions.  I used one to get 70%. One to get TDIU and one to get P&T and an EED.  It was worth the small investment and it was the only thing that got me what I deserved.   Arguing with the VA about case law or bad exams etc.  will spin out your appeal time when the IMO route RV describes is so much faster and has so much more weight with VA dopes at VARO.