PTSD claim

VA Disability

Sauerkraut1977- I noticed that too…..the 20% statement the examiner made. There are no 20% ratings for MH disabilities but I think he just meant the exam disability only affected 1/5th of your social/employment situation.
Still that surprised me,too that any C % P doc would refer to a “%” for anything.
Please don’t be offended by what I am saying here…….veterans have to be very Careful Not to give the VA inconsistent statements.
C & P s are stressful, medication alters our thinking ,and there are many reasons why anyone could say one thing one day and months or years later, say it a different way that VA will hone in on.
Vets need to have their C files and keep them up to date as well as copies of their past C & P exams,to be able to avoid saying anything that any VA examiner or the raters can point out as far different from what they stated in the past.
I think this examiner felt also that you did not fall into the 2010 PTSD regulations, as to “hostile fire” and ‘Fear of’ potential or proven enemy attack, regarding Kuwait. He knew those regulations and every single PTSD vet who has filed after the July 13, 2010 regs came out ,should copy them (available here at hadit) has to shape their claim, to support what the regulations require.
( a few of us here aggressively fought those regulations when public comment was provided in the Federal Register. I am still POed that only 600 or 800 vets, lawyers, advocates like me, etc etc, took the time to protest with good cause, and we could not affect the outcome. My prime gripe was the VA MH requirement…My husband was posthumously awarded 100% P & T for PTSD-and all that only happened after many battles to get him from the VA employee shrink into the correct PTSD therapy with the local VAMC’s PTSD psychologist. SSDI award him solely for PTSD ,in mere months after I filed a reconsideration on their SSDI award for his 1151 Stroke, using a SSDI regulation, they broke. My point is ,a few months before he died, he finally had adequate therapy for his PTSD from a VA MH professional with a PTSD background. But my point is that the 2010 regulation overlooked many PTSD vets who get private MH care, and their diagnosis and even any IMO/IME could be prepared by Sigmund Freud himself but the VA would reject it and hopefully they would still be able to get a PTSD diagnosis from the VA, via a C & P exam.)
Our member and esteemed vet’s attorney Chris Attig, has an article at above link that explains Allen V. Principi and how it works, as within the BVA link from Broncovet.



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