VES Pysh Doc put wrong info in P&E exam

[gbat]

Hi all,

long term lurker, I don't think I would have been service connected without your site. I started a claim in 2014 with VSO, she wanted me to do a fully complete claim, so waited a year to verify stressor, it never came so sent it in anyway. Surprise it got denied. I filed NOD and eventually got my stressor verified by getting navy deck log, buddy statement and vso attached a sick call visit two days after incident.

fast forward five years and rater sent me to VES psych doctor. I was rated 70% PTSD and 10% tinuitus. Afterwards I requested my C-file and after a year received it.

At beginning of interview I mentioned almost fell out of helo, maybe someone shot at us. but not much else. I never mentioned anything about being a combat vet, nor is it written anywhere. he states in his opening remarks that he doesn't need to review incident since I was a combat vet. No I am not. almost three years later and many sick days used for my FMLA PTSD I am retiring early because I can't do my job anymore.

When I go for a TDIU claim and they open my file, I'm afraid they might see opening statement and cut off my VA benefits. Is this possible? the reason why it took so long is I sent in the stressor verifying event, but afraid to go forward. Do I bring that up ( combat Vet) in my statement of the case or ignore it. If I didn't request C-file I would have never knew about it, but now afraid to go forward because of possible VES doctor mistake could doom me.

On a more positive note I'm thinking that the rater waited until the stressor was verified before he sent me to C&P exam. Just don't want to lose all benefits over this, it would ruin me, and turn my life around for the worst. Should I just be happy with what I got? Don't know, wish guy never put that in there, or wish I never requested C-file.

 

thanks for any replies!

[Rattler]

IMO I am a 70% rated PTSD Vet after 43 years of this. I think you are being to pardoned. The VA will not look at this or CUE it's self unless you ask it to. DO NOT Beleave the biracks layers or the VSO's that will tell you not to go for UI (or file any more ratings) because the VA will find a reason to reduce your benefits.  Most of it is BS. I would spend some time in the TDIU form and find out how to get that rating. 

You said you are "I am retiring early because I can't do my job anymore." So the question is How are you retiring? Retiring via having enough time in to retire? Appling for SSDI.

If you are going for SSDI make sure you get all the document proof that they or you use to get the SSDI i.e. a PHD report saying you are unemployable due to your PTSD etc. That's what I used to get mine. 

[Berta]

Just to add-you mentioned Special Forces and that might mean your MOS was classifiedTop Secret.

In any event the Military assured my daughter, and other similarly classified  Military Personnel, (her MOS was Top Secret ,classified) the VA would declassify anything needed to support a VA claim after their discharge.

This vet apparently was able to prove his TS clearance ,after some time, to the VA:

The Veteran's personnel records show by November 1959 he was en route to his initial assignment at the Maryland Army Chemical Center. One year later, he received a secret security clearance while with the Army Chemical Center. The Veteran's DD 214 listed him as a general clerk. His separation paperwork for the National Guard listed his MOS as Hercules missile crewman and his civilian occupation as dog handler, USP&FO for Maryland."

He was on remand regarding his stressors:

"Contact the RMDA or any other appropriate entity to attempt to verify the Veteran's claimed stressors.  All attempts to verify the Veteran's reported PTSD stressors must be documented in the claims file.  If any records or information sought are unavailable, the AOJ should issue a formal finding documenting such a fact and the reason for the unavailability."

 https://www.va.gov/vetapp21/Files11/21069188.txt

This is why obtaining your Personnel record can be as important as getting your SMRs.

They are critical to any TS Classified MOS claim.

[brokensoldier244th]

This is correct. While there are redactions and whatnot, VA does have access to, or the ability to, confirm certain military operations, etc. That being said, a DD214 is not uber top double pinky swear secret either, and much of the time either a combat MOS, or SF MOS shows up on the DD214, along with "remarks" entries RE: hazard pay or imminent danger pay authorized. We don't need to know the whole David Hackworth story breakdown for most things- an area of op, and a unit designator are usually sufficient for what we need. Since we can see awards we can verify combat service that way, too. "Personnel Actions" memos with awards, medal citations, etc, all show up in your OMPF, usually, too. I also see clearances all the time in the initial or renewals of SF86's so that gives me clues also. 

Edited January 17, 2022 by brokensoldier244th

[blahsaysme2u]

On 12/18/2021 at 7:50 AM, broncovet said:

Ok.  There is a regulation specifically designed to "correct" information in your file that may be wrong.  In summary, you have a right to correct your records, and, the VA must either make those corrections promptly, or send you a letter as to why not within 30 days. 

 If a doctor has stuff in your records you dispute as in error, then use this regulation to fix those errors.    IF VA CAnnot/will not correct your records, then you can appeal it and they must tell you how to do this.  REad below.

 There is no reason to suffer through doctors errors, administrative errors, etc.  Instead use this regulation TO THE LETTER:  (I have put in BOLD, very important parts to make this easier to read)

 

 

this post needs to be pinned someplace for easy access....correcting C&P exams with this info is HUGE!!! thanks @broncovet