Please help me. Possible termination of SC and personality disorder.

[Fearless]

Please help me.long stroy short, I filed for tdiu, had a C&p done, and now I am facing a reduction + denied tdiu.

The C&p examiner DX me with schizoid personality disorder and said my depression was secondary to it. In ~30 mins she had enough information to DX me with this, but I have been seeing psychiatrists since 2015 and not once have this crossed their minds. I do not have a schizoid personality disorder.

The examiner misunderstood what I was telling her, and I see it  in the report. She kept on asking me how do I know I have depression. What kind of  question is that? She knows i'm xxxxxxx SC for it. I would tell her how I knew that I was depressed and she would repeat the question, this went on for about 5 mins. I believe she was trying to bait me into saying that I did not know that i'm depressed. I also believe that she thinks I am faking.

She asked me to describe my depression and I tell her it makes me feel depressed (DUH!). She never asked me about any other symptoms. 

She discredits the last C&P exam I had because of the multiple symptoms, and she says this new exam is a correction. WTF? She did not even try to figure out why all those symptoms were checked. Never asked me about it.

This was also done on a PTSD and I never filed for PTSD.

I believe her answer to question 3 is a denial for tdiu, but ffs don't halfass a CP exam.

This examiner screwed me over and I need help. 

Here is a redacted copy of the exam: https://imgur.com/a/r1wp4FV 

I left out the PTSD stuff (all blank) and the personal questions. It was just a bunch of questions asked before with answers I have given. 

 

 

 

 

 

 

 

Edited February 14, 2019 by Fearless

[Buck52]

This should all be in your records , all your diagnosis and what your service connected for, you need to get these records and show as your evidence, you can request another C&P based on this last examiner never read your supporting records , so its an inadequate C&P also did you check the examiner credentials?  the examiner should have everything he/she needs for your exam.(some times they don't)..I tell all veterans before you go to your C&P bring all supporting evidence of record with you to the exam  in-case the examiner don't read or get to it why your there for.......

then you have proof   VA don't send everything to these examiners and it confuses them and the Veteran.

so have copies of your supporting records (evidence) when you go to your C&P Exam.

Edited February 13, 2019 by Buck52

[Buck52]

 Note: I could not read some of these  exam reports.

[Buck52]

 Note: I could not read some of these  exam reports.

Diagnose  for mental disorder read CFR 38/4.125

Evaluation of disability from mental disorder

CFR 38/4.126.

Here is a 

General Rating Formula for Mental Disorders

   Rating

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.70%

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.0%

 

[Buck52]

To get TDIU your going to need a Diagnose for PTSD and or other S.C. Conditions that warrant you unemployable  and this will need to come from a qualified Dr report/or medical opinion that he /she has examined you & read your records!!!

you need to also have your evidence to prove service connection.

Also

It helps to join VA -Voc- Rehab..if the counselor can't find you any type work you can't do  he/she will write you a letter dismissing you from the Rehab program due to its not feasible to retrain this Veteran at this time due to his service connected Disability.

you should not be working when you file a claim for TDIU.

TDIU IS ONE OF THE HARDEST CLAIMS TO Adjudicate BUT ITS POSSIBLE WITH THE CORRECT MEDICAL RECORDS.

if you can't work at all due to your S.C. Disability or Disability's  by all means file your claim  but you need to prove all this.

  with probative evidence -evidence -evidence /Medical Records are your best friend and Dr's reports in your favor.

This all needs to be in your files for the examiner to review and go over with you and your C&P Exam

 

[jbasser]

How long have you held this rating. There may be built in protections. You need some help. You need a counter opinion asap.

 

[Berta]

Google her name for her credentials.

Contact the contracting firm who hires her  and complain.

Since you are SC for depression, what triggered a C & P for PTSD?

And/or call the White House vet Hot line.

1-855-948-2311