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C&P exam changed


Banarep

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Went in for a C&P exam for PTSD, claim was denied.  Whent down to RO and picked up copies of   LHI C&P.  There were two different medical opinion conclusions.  First one, date Sep 25 said PTSD was SC and had complete rational:  request for early release, buddy letters, and my personal statement.  Second one, dated Oct 2, just said not service connected...no rational given.  VSO could not see any notes or comments in file for the change.  In addition, I had submitted PTSD diagnoses from proved psycholigist (PhD) and been diagnosed by VA.  So submitted a reconsideration with another diagnosis from different private psycholigist and more information detailing treatment by VA to include medication and therapy via local Vet center.  VES C&P once again says not SC.  Am at a loss.  What should I do?

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You need to appeal.  Dont feel like the lone Ranger, my claim was denied "even tho" I had all 3 CAluza elements:

1.  PTSD diagnosis

2.  IN service event, or stressor.

3.  Nexus, or doc opinioin that your PTSD is "at least as likely as not" caused by your in service event.  

     Now, VA is not always "straight forward" with us on denials.  That is, they lie.  Go through your medical and STR's and see to it all these are documented.  Make sure you have a "stressor" documented.  You see, the nexus will be invalid UNLESS you have a stressor.  The doc shouldnt opine its related to military service  it's related to an "event" in miltary service.  There is a difference.  

    Military service does not "cause" PTSD.  A horrific event causes it, and you have to have that event documented.  My advice is to look over your records (get your cfile), and make sure you have all these Caluza elements.  

    If DOC A, says its related to service, and Doc B says NO, then the doctrine of equipose should work in your favor.  However, VA "can" choose one opinion over the other, but must give a reason and bases as to why.  For example, one doctor may know you better and spent years with you, while another saw you 10 minutes.  They could also provide other reasons as to why one c and p exam was selected over another.  

     My advice is to get a copy of your cfile and go over it.  If your C and P examiner made a mistake, then you can have your records collected.  The procedure is here:

https://www.law.cornell.edu/cfr/text/38/1.579   You could argue that there was an error in the exam if the same doc offered 2 conflicting opinions.  Then appeal by filing a nod.  

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thanks.  have my c-file.  nothing in there as to any reason for the denial, except what came in the letter.  working on figuring it all out.  

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