My now third PTSD C & P Exam in 5 Mo.

[Rattler]

 I think the VA is shopping for a Doctor that will write the C & P Exam in there favor.  They sent me for a C & P Exam for PTSD to determine if I was insane at the time of my discharge on June 24, 2021 by a PHD M.  His C & P Exam was the one who opened the door for full benefits. (See Link Below) They wanted to send me for another & P Exam for PTSD to update his opinion and determine if I was Unemployable. I requested the same  PHD M. He said I had PTSD and was Unemployable. So I get a phone call Monday waiting to do another C & P Exam to determine if I have PTSD. So has anyone heard of them doing this????? I am kind of putting off this one to see if they will send me back to the same PHD.

[john999]

Maybe they are shopping you around to find an opinion that you don't have PTSD.  The VA has done worse things.  Those UTH discharges are often a way just to get out of paying disability.  Did you spend time in a psychiatric ward while in service.  I spent two months and army said I was fine just a personality disorder.  I beat them and so will you if you persist.

[Mr cue]

I think this is the new thing keep the veteran in the comp exam wheel until they find a unfavorable medical opinion.

I am also on the wheel my case has been send to qtc 2 times VA hospital 2 times and lhi.

They tell me it's in the system to be send out again.

I have figured out how to stop this madness yet. Smh.

Good luck and don't give up 

 

 

 

[El Train]

I wouldn't stress over it too much.  You already have two favorable C&P's.  They probably just want clarification on something.  I did 5 C&P's for PTSD and TBI within 6 months.  In the end I got 100% PTSD P&T with smc-s.  They just wanted to make sure they weren't pyramiding and had the right diagnosis.

[john999]

I tell you something about VA diagnosis.  When I first filed a claim with the VA they said I had schizophrenia.  A few years later they changed it to bipolar disorder.  Then they diagnosed PTSD and social phobia.  Then they changed it back to depression and anxiety.  The last time they changed it back to schizophrenia.  I got 70% TDIU so I don't care.  Now I have 100% and I still don't  think VA has a clue. What really matters to VA is "Can you work?"

[pacmanx1]

22 minutes ago, john999 said:

I tell you something about VA diagnosis.  When I first filed a claim with the VA they said I had schizophrenia.  A few years later they changed it to bipolar disorder.  Then they diagnosed PTSD and social phobia.  Then they changed it back to depression and anxiety.  The last time they changed it back to schizophrenia.  I got 70% TDIU so I don't care.  Now I have 100% and I still don't  think VA has a clue. What really matters to VA is "Can you work?"

John, I know some of your frustration, but I think Clemons V. Shinseki 23 vet. app. 1-5 (2009) changed all this to allow compensation based on symptoms and evidence of records and not diagnosis. This is how I won a 1998 Earlier Effective Date.

Quote

In accordance with "Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009)" (when determining scope of a claim, Secretary must consider the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim”). Clemons concerned VA's failure to consider a claim of entitlement to benefits for a disorder other than the one specifically claimed, even though it shared the symptomatology for which the Veteran was benefits.  The Clemons Court found that, where a Veteran's claim identifies a condition, without more, it cannot be a claim limited only to that diagnosis, rather must be considered a claim for any disability that reasonably may be encompassed by the evidence of record.  The Clemons Court indicated that, when a claimant makes a claim, he is seeking benefits for symptoms regardless of how those symptoms are diagnosed or labeled.

 

Edited October 20, 2021 by pacmanx1

[john999]

pacman

 

                         A vet with PTSD has to get that DX from the VA in order to get paid.  When I got back from Vietnam the only way to get that DX was to have been in direct, close up, combat.  You had to get shot or blown up to get the DX.  If you never sought psychiatric help in the military or within a year after discharge you would have a hard time proving PTSD.  Maybe that has changed somewhat but the VA still holds the cards.