Denied....again please help me understand chapter 17

[rubberduck391]

Hello all,

So I recently got denied again this time I got the message Chapter 17 by the decision. I keep getting denied no matter what I seem to do. I made sure to use ONLY VA doctors with VA appointments. The first C and P examiner that denied me the first time I just so happen to get AGAIN!  Can the VA do that? Give you the SAME exact examiner? I mean the first thing she said to me before " hello " was do you remember me from last time? Please can anyone shed some light on this for me? Is it time to actually hang it up and just "color"? 

I was diagnosed with insomnia and given Ambien to treat it. This C and P examiner keeps bringing up personality disorder? I asked the VA doc if I had it and she said no. But this examiner is HELL bent on it. 

-UPDATE  

1. In my mil records they did say Personality Disorder but not diagnosed. 

2. C and P examiner referenced the personality disorder A LOT!  And I don't know why it was brought up. This claim was solely about insomnia. I was issued by the VA a CPAP machine. As well as medicine for my migraines.  All medical proceedings were done through VA docs. 

3. My VA doctor said I did NOT have Personality disorder. 

4. I have tried looking up my C and P examiner under the VA website and she is NO WHERE to be found. So My thinking is they contracted it out. 

5. I was discharged Honorable discharge. 

V/R

-Duck

Edited January 29, 2018 by rubberduck391
update

[Vync]

The VA can send you to the same C&P examiner more than once. It is possible to request a "de novo" review via the appeal route, which should mean that everything gets reviewed by a completely new set of eyes. But before going the "de novo" route, which could take a while, please review my following opinions which might be worth exploring:

1. Go to my health evet online and use Blue Button to download your medical treatment records/progress notes. Go through all entries pertaining to your regular VA MH docs and counselors. See if any of them diagnosed a personality disorder. Keep in mind if you were diagnosed earlier on, but then it was changed later to not include PD, that very well could indicate that your diagnosis became more clear over time.

2. Talk with your VA doc. Because they state you do not have a PD, ask them to note this in your records.

3. Get a copy of your C&P exam findings so you know exactly what they determined

4. Find out the credentials of your C&P examiner. Due to high number of claims, the VA has regularly been using Nurse Practioners as examiners. If your examiner was an NP and they opine in your favor, great. If they opine against, you could consider challenging their expertise. The weight of a psychologist or psychologist is much greater than that of an NP. That very well could be grounds for asking for a more qualified C&P examiner.

5. Because they stated Chapter 17, that could change everything. I'm not an expert on Chapter 17, but it could be related to the kind of discharge did you received when you left the service. If you got an honorable or general discharge, things should be ok. If you received another type, then that is where things could become more challenging. If you happened to have served in combat or experienced trauma, there is a chance that your diagnosis could be attributed to that.

 

[broncovet]

This is not a decision, its a screen shot from ebenefits. 

Let me make this crystal clear:

Quote

You can not rely on ebenefits.

If necessary, tatoo the above quote on your arm.  

If you got a VARO decision denying same, then you can file a nod, and appeal.  You can not "appeal" an ebenefits notation.  

Did you get a VARO decision denying the benefits "other than" Ch. 17??

All this said, I would not put it past VA to just not send you a decision and just list them as "not service connected", in part, because they did exactly the same thing to me on the issue of arthritis.  That is, I never got a VARO decision, just a note in ebenefits that it was "not service connected" (which means SC was denied.)  

If you got the VARO decision denying benefits, then appeal it.  If you have not yet gotten the decision, try waiting.  If its been a "very long time", then you may need to take some drastic action to compel VARO into a written decision, which is required per 38 cfr 3.103.  

If you got the VARO decision, file a nod.  

 

If you did not get the decision, and its been well over a year, then you need to do this, in this order:

1.  Email IRIS, and tell them your claims for (x,y, z) are pending, *that you have not received a decision, but ebenefits list them as NSC.  Tell them you need to see a copy of decision denying benefits, if you have not yet received same.  

2.  Consider calling the white house hotline, and tell them the problem.

3.  Re apply, but when you do, note that you applied earlier, and you have not yet got a decision.  

Keep records of all this.  

4.  Finally, if VA fails to provide a written decsion consider a Writ of Mandamus to compel the VARO into compliance with 38 CFR 3.103, that you deserve "written notice" of a decision.  

[Vync]

Good info from @broncovet ! His approach takes a step back from what I stated, Back when I had claims in the system, ebenefits was still in an early form. My status did not change until months after my claim decision arrived in the mail. Base your planning on what you have received in writing in your decision letter/SSOC/C&P exam results/medical records, not what someone may have posted on ebenefits, which may or may not be correct. It helps to not have to speculate beyond the veil provided via ebenefits.

[rubberduck391]

How do I know if a VARO made the decision based on my claim? The decision came down last night on E-Benefits. 

[pwrslm]

Could try the local VSO. They might nudge a decision letter out of the VARO.  Its free.

[LanceJoseph]

Bronco was right on the money here, follow those four steps and you should have a decent chance.