Unqualified C&P Exam Psychologist

[DSIG]

LHI just sent me the details for my C&P exam appointment. This is for a PTSD increase claim. I looked up the doctor and even though there wasn’t much on him I found that he is a child psychologist, doesn’t have many and good reviews, wrote a book about social justice for children with disabilities that he sells on Amazon for $12 and was deposed for his professional credentials. One review says ‘I can’t believe this guy still has his license’.  I’m including a link to his creepy deposition. Where does LHI find these doctors and how can I get this changed?  Do I go to VA and ask for another contractor or take it up with LHI?

www.dpdlaw.com/weistuc.htm

[DSIG]

Hello everyone and thank you again for all the feedback. Copy all. 

I have a question regarding GBA's comments about the records.   I have from my own private treating psychologist the completed DBQ, narrative and summary of all psychotherapy sessions that I attended from 2009 until the present.  I submitted this as part of the Fully Developed Claim but I have a copy of the entire file.  The same treating physician was the one who encouraged me to file a claim back in 2009 even though I felt I didn't qualify, yet to my surprise I initially received 50% and by the VA's own initiated re-evaluation 2 years later this increased to 70%.  The same psychologist provided the evidence that resulted in my current rating.   Since this claim is for an increase, the evidence needs to demonstrate that the PTSD has worsened.  So, should I bring with me the original evaluations (which I can get from my psychologist) and the current DBQ/narrative or only what I am submitting now as proof?  How would the C&P examiner know my condition worsened if she only goes by the current documents? Wouldn't she have to review the original evidence submitted back in 2009 and compare it to the current evidence to see what has changed?

[GBArmy]

DSIG Sounds like you made the right choice on doing what you did. Just one more piece of advice if I may. I don't know how much data you are planning on bringing, but your records are SUPPOSED to be in your file and they are SUPPOSED to read them in preparation of your C&P. If there is some that are particularly important as evidence, ID them somehow so you can point them out if they don't have the record themselves. You could do something like "Doc I had such and such happen recently and we discussed it with my counselsor/doc. Did you happen to see that?" If the answer is no, you can leave a copy with the examiner. Copy, mind you, never leave any original anything with the VA. They aren't going to read 200 pages of evidence, but may take some if you point it out. It is not usual for the examiners not to review a lot of evidence you leave; they may say they will, but human nature is they don't have the time. At the end of the exam, if you think it went well, you could say you have very high anxiety or whatever. Does the xaminer think your exam showed a change in my symptoms for the worse or stayed the same. You may get a confirmation. Their exam dbq/comments are 90% of the basis of the final decision 

[GBArmy]

DSIG We realize you are very anxious about the upcoming exam,; it is only natural. But it is what it is, you have to participate with the system that is the VA. If your previous records, including your recent evaluations are in your records, you should be good to go. Your previous evals are in there as how else could they have established your rating without evaluating all the evidence? The examiner is NOT going to read a bunch of stuff you bring, believe me. If you have some really critical evidence that is already in your file then you can bring it with you and confirm that they have read it. In fact, some of the contractors notice of examinations letters that are sent to veterans now will say NOT to bring new evidence. You have to submit additional evidence before the exam so the examiner can review it prior to your visit. If you have NEW evidence, and you feel it is really new, not duplicate evidence, download it. Be aware that it may result in an additional C&P exam if it is indeed new, and most assuredly will delay your decision. If you have your evidence in the file you have to trust the process. If it doesn't work, you can appeal. It is what we all go thru. I hope this explanation helps.

[john999]

DSIG

 

                    Are you working at present.  It is hard to get 100% for PTSD or any mental health issue if you are working 40 hours a week.  Part of the evaluation for PTSD is your ability to work.  Since you have 70% now you could probably get TDIU if you are not working which pays at the 100% rate.  I had TDIU for almost 20 years before I got lucky and got 100%.  It is no big deal since it pays the same.  You can get "S" with TDIU as well.  If you read requirements for 100% for PTSD I wonder how anyone gets it.  I know those who get 100% for a mental condition richly deserve it.  I got 70% for mental health issue.  I should have gotten 100% schedular.    If you are not working TDIU is the easiest way to get 100% money.  TDIU does restrict you from every working again, but if you can't work then you probably want SSD anyway.  You combine SSD and TDIU/100% and you probably have enough to live on without eating cat food.  I was working for the feds and I got their version of a disability pension plus SSD and TDIU.  This does pay my bills which is fortunate considering millions work like dogs and can't even put a roof over their heads.  I did work like a dog but now every dog has his day.

[broncovet]

Correct, John, but this poster alleges a "protected work enviornment" because VA has some special rules for those permitting tdiu while working.  

If you watched "Duck Dynasty", that is an example.  "Sy" works for the family..designing duck calls.  

No one in their right mind would hire that old PTSD Vet, but "his family" protects him and gives him a salary.  He is as crazy as a looney bird, if you watched that show.  

Its actually a good thing, because few people in the world have the skills Sy has as far as duck calls go.  If I wanted to go duck hunting, and had a chance to bring him along, I would increase my chances of bagging ducks by 100 x.  

[DSIG]

When I filed for the increase I didn't know its actually a monumental leap and nearly impossible to get it approved for mental health and TDIU would've been a better option.  I read a BVA decision about a veteran who was teleworking for the government and was approved for TDIU but she didn't have a mental health condition. It really depends on the Veteran's circumstances.   Since I filed the claim I've learned so much on hadit that I wish I knew before I filed.  I haven't filed any new claims for 9 years but now I'm going to be filing some additional claims.  I probably left a lot of money on the table, not from the botched PTSD increase claim that I filed but for other conditions.   The TDIU isn't off the table but at this time I am going to focus on developing and gathering all the evidence for the future claims.  

Thank you john999 and broncovet. As always, I appreciate your feedback.