The PTSD C&P Exam Be careful of this Trap
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- čas přidán 23. 11. 2020
- Serving Disabled Veterans Nationwide
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How to Get Paid More Than 100% VA Disability Compensation - VA Disability Attorney John V. Tucker
Watch as Disability Attorney John V. Tucker discusses Special Monthly Compensation K or SMC(k) and how it is just one way to get more than the current $3,200 per month 100% rating payment as of 11-5-20.
Special Monthly Compensation K is for loss of use of a body part. An example of which is when a veteran takes a medication that causes erectile dysfunction, or they have a medical condition that caused erectile dysfunction. Or a female veteran who's had a partial or a full hysterectomy and has lost ovaries or the ability to reproduce they can put in a claim for SMC(k).
If you have questions about Special Monthly Compensation or your claim for SMC(k) may have been denied, call the Tucker Law Firm at 855-757-0707 or visit www.TuckerDisability.com
Tucker Law Group
5235 16th Street North
St. Petersburg, FL 33703
855-757-0707
www.TuckerDisability.com
“He used the buzz words therefore he was malingering”
“He didn’t use the buzzwords so we cannot award him compensation”
He is spot on don't say the thing you're checking off say the story that checks it off. An example would be paranoia. The bad way is saying I have paranoia the correct way is to describe it. A person would say I have chimes on my doors all around the house, along with cameras, I don't want anyone to catch me unaware. I'm usually aware of who is at my street and I stay aware of what's going on, I just get worried about what could happen. Who could be there, you know I just need to be safe. Don't tell them you have something show them. don't list it but rather exemplify it.
I always tell the exact way that I’m feeling when I do a C&P in my own words. And I’m always honest with them and convey my issues to the best of my ability. People forget, the money does nothing to help the pain. No matter how much it is.
Amen. Yes I’m glad they are compensating me but I would do anything to give back that 30% of the shit that I have. Mental pain will affect u both physically and mentally
It's not about money it's about va taking responsibility for the damage done to veterans like giving service members experimental anthrax vaccine not approved by fda. Not telling the person what the shot is and then not documenting it in medical records.
THIS! How about I can't get my life back. No amount of money is gonna do that.
@@brnjones9 Totally agree.
The VA's own doctor diagnosed me with PTSD. I filed a claim with a VA Service Rep. I had a C&P exam and the ruling was was I didn't have PTSD despite the VA's own doctor saying I had PTSD. I appealed and again they said I didn't have PTSD I only had anxiety. The VA VA psychologist who was treating me copied his treating notes and circled the diagnosis on the notes stating that they were being billed for PTSD and that I had PTSD. After a few months I received the final review and they acknowledged, finally, I had PTSD and won my claim. I was awarded 30% disability. The VA is in fact the enemy. I'm battling them again for GERD for secondary to PTSD. They denied the claim. They're trying to say I have gerd because of a hiatal hernia. This despite that the VA hospital and the VA doctor specifically said I have GERD and do not have a hiatal hernia and nowhere in my record does it say I have a hiatal hernia. Here we go again!!! By the way the VA medical staff has been outstanding with me and all my issues.
My experience at a C&P exam felt more like an interrogation. They TRY to trip you up. I’m convinced the VA gives them setbacks for writing bad nexus letters
The truth shall set you free
Thank you sir! This was extremely helpful information! I’m sure that if I ever applied for PTSD compensation I might have fallen into a trap had you not provided this information.
I’m a nurse, so I know the terms in the DSM and use them in my normal conversations, so I hope that won’t be detrimental to me because I put thought blocking on my claim form.
I think that is fine. You have a good explanation for why you would use terms like that. Most veterans do not have your background and using medical terminology is often a giveaway to them having looked at something online or in a book about PTSD.
Thank you for your info and for helping veterans
Thank you
They try to ask you questions about stuff that has nothing to do with why your their.
OMG yes you said that prefect....
I have notes with my symptoms and issues because I have a hard d time explaining or not mentioning everything, I plan on reading my notes at end of exam
Good idea. You could also give the examiner a copy of your notes and ask that they be included in your records. TIP: if it took you a long time to record your notes because of your symptoms, write how long it took, i.e., "Because of my problems focusing, it took me 5 days to write these 2 pages." Actually, we almost always recommend to our clients that they keep a detailed journal with examples, and if it is good, give a copy of that to their own doctors and a C&P examiner.
Being honest is what triggered my examiner to wave a red flag on me and put me at 100%. She asked me to talk about my experience in Iraq and how I got a CAB. Yes sadly that’s the first thing they look at. To see if u have a CIB or cab. It took one word for her to say you are the first person to ever say that so that’s a red flag. Yes just be honest, you don’t need to have fire your weapon at anyone to have ptsd. U can do gate guard and end up with ptsd.
If you don't mind me asking, what did you say?
same..Talking about it makes me mad and worse. i want to do terrible things for weeks
@@XxBuRkaDuRkA I wish I can brother but I can’t because it was a unique answer that I told her. I’m sure there might be vets out there who felt the same way but also know some people might just use it to game the system. Biggest advice is tell the truth of YOUR COMBAT experience that caused your mental or physical pain. That and the point of I don’t want to sound like I am gloating of what I did overseas.I’ve helped a lot of former vet get their SC when they didn’t even know they were entitled to it. I can tell you when it comes to physical exam, the more you bend the less you get. If they threw a pen on the floor and ask you to pick it up don’t try to be a hero if you have pain bending. The point where it hurts you STOP. Mental evaluations, DO NOT STUDY the book definition of ptsd or tbi. You give them a book definition and I’m Forsure you will get denied or a low rating.
@@FMD023good insight. Thank you for sharing. I served 40 years ago and dident know about the VA till recently. For over a year I was a grunt behind the Iron Curtain communist East Germany I have never been the same (fear for life every day) I recently filed and after 40 years I was approved tinnitus 10% hearing loss 0$ TBI deferred still waiting PTSD CP.
Thank you again
Same thing happened to me. I was told by the c/p examiner that i was the only person that she ever met who had a flashback. I was already rated 100% pt for around 10 years but after an incident in 2017 i was put in for a "special review" and she saw i was a sleepwalker, put me on a machine during sleep study where i had 18 dissociative flashback reactions over a five hour period. She was telling me that the equipment doesnt lie. They had to use a machine because i wouldnt remember having an episode because i was totally dissiciated so they had to use the machine to determine the "frequency" that these episodes occured, because i told her i didnt know because i dont remember having them. 18 in five hours was enough to convince her. I also had one when i was watching tv during the day and the machine picked it up so i found out they happen during the day too. For me it was "how to i get better?" "How to i live my best life?" Ive never even seen the rating scale or criteria for ptsd. My case worker at the VA filed my claim because i was 19 when i was in iraq during 2006. i just want to live the best life i can live and reduce the stress that makes the dissociation worse. Ive never had nightmares, just sleepwalking that i dont remember so i consider myself to be very fortunate that i dont remember things as opposed to being tortured by them at night. She said that when she asked about nightmares i was the first combat vet to report to her that i did not have nightmares. Alcohol causes nightmares too so if you say yes, then they ask how much you drink and will deny your claim saying substance abuse causes youre nightmares, which most vets dont realize is true. A guy i knew just stopped drinking and wham - no more nightmares and he told me "i never thought it was the alcohol doing it". So they have to rule out every possible explatation:
Do you drink/smoke/drug? Do you work long hours on a rotating schedule? Anything to rule out ptsd. Because ptsd doesnt suddenly show up after getting your dd214. If you function and complete your term of service, the va will have doubts. A lot of it is transition issues. Theres programs for that. But the va has a hard time believing a vet who finished their contract and then says they had a condition that made them unfit to serve. Its a red flag to the va. Theres so much fraud, its crazy. In 2006, you lost your career and benefits were zero: 1 in 500 servicemembers were reported to have ptsd and lost thier careers. When it became a disability worthy of compensation, suddenly 80% of the military claims they have ptsd. The federal government is not stupid. They know there are a lot of people gaming the system. This is why denial rates are so high. Because 80% are filing for a condition that only about 1-15% actually have. The va is diligent is their reviews and yes some real cases get missed and some fakers are pulling a check. Its not a perfect system but its a system of laws and standards none the less.
Had my PTSD C&P yesterday. No pictures, but never asked me if there was anything else I wanted to say, then abruptly ended the interview. Never asked about nightmares or sleep issues. Now the long wait.
You can send VA a statement explaining what the examiner did not ask you about and describe your symptoms.
@@TuckerDisability the same thing happened to me
@@marioboyd557but from what I can tell this is a good thing cuz they need less info your claim is backed enough. Know what I mean?
No pictures for my evaluation. He did move close to me and hit the brim of my hat with his pen. Not a smart thung to do. At the end he said I was fine and showed me the door.
Any update?
I just had my C&P exam two days ago for PTSD
I was brutally honest about my life over the past 20 years post Iraq Deployment. The Doctor was apologizing to me and felt sorry for me.
I also felt like she WANTED me to get Max Compensation. She was almost prompting me to answer YES to almost every symptom.
She even went as far as saying “Im going to record this summary in my notes to the VA - let me know if this is accurate”
“Veteran served in Combat with the Army in Iraq and had incidents which had multiple people killed and maimed, and has been having very distressing and disturbing thoughts about this for almost 20 years”
This is the first time I ever filed for a Disability Rating since my time in Iraq in 2004-05. Im wondering if that long time actually HELPS my case?
My point is that I went into the exam very nervous, and I was pleasantly surprised on how it went. Easy in a sense but not easy to conjure up deep memories and honest commentary on my life. I made sure to tell her that this wasn’t easy for me as I have literally NEVER told anyone about all this.
Simplistic wordings.
I was diagnosed with moderate to severe complex PTSD, which means I'm contending with multiple events. The documentation of this spans two decades with the earliest notes describing my struggles going back to 2005. The C&P after meeting with me for 30 minutes claimed otherwise.
When the C&P examiner ignores obvious evidence, it can be the basis for a solid appeal. Keep in mind they may have diagnosed another condition which VA may have rated (and that may be the same % rating you would have received had they called it PTSD). Give us a call if you would like to find out your rights or need help with an appeal of any denied VA service-connected compensation claim. (866) 282-5260.
I used layman terms got denied
Right, I say what’s in the dbq symptoms list and look the examiner dead in the eyes and wait for them to type it down in their notes. I’m not playing games and we are not friends. I’m not going to sugarcoat shit for the VA. Let them accuse me of whatever the hell they want but what they won’t be able to do mix up my words because I said it verbatim. “Yessir I display grossly inappropriate behavior, …. Uh nope that’s uh right sir exactly as described grossly inappropriate behavior. He can draw up all the notes and opinions but two things happen. It gets documented and the box under symptoms list gets checked. Stop playing games with the VA and be as direct with them as they are in denial letters. F that !
@@OEF0311
🙏🏾😎👍🏾🤓🖖🏾Watch for questions that divert away from service connect-ability, and inappropriately tell them to not fuck with you.
What is looked on aid and attendance claim when scheduled during a C&P exam
Sorry, I don't understand your question. If you are asking whether a C&P examiner evaluates whether you need Aid & Attendance, the answer is yes, they are supposed to. They often do not, so you should be sure to claim Aid & Attendance when you file your claim.
@@TuckerDisability yes I was referred to aid and attendance and have a C&P exam scheduled just wasn’t sure what be done at C&P exam for evaluation aid and attendance
@@roldyczarmoaes6226 The examiner is going to try to figure out why you need assistance taking care of yourself, whether you have problems leaving your house, and what kind of assistance you need in your home with things like activities of daily living (toilet, bathing, eating, dressing, etc.)
I am due to take my c & p exam for ptsd increase ( 50% to 70%) monday. if they deny me, will my rating remain at 50%? good job on your video
I don't know enough about your case from your post to definitely answer your question, but the general rule is that if you have have been rated at a specific percentage for 5 years, VA has to show that your condition has improved to reduce your rating. You have to have had a rating for 20 years or more for it to becomes permanent, and then VA cannot take it away. Any time you are sent for a C&P exam though, if you do not meet those rules above, VA can reduce your rating. Good luck with your exam and thanks for the comment! --John Tucker
Ves c n p exam completed via telehealth a week later optum notifies me of in person ptsd exam is that normal to get two exams?
No, it's not. It could be they are looking to confirm something, but I have not seen that happen.
@TuckerDisability I suspect 1st one was positive opinion and va said oh crap now what. Ohhhh ahhhh schedule a 2nd one so we can get a negative opinion and deny this dopey veteran. He s probably so stupid he will show to 2nd exam get a negative opinion and we can deny his dumb ace.
Optum is garbage worthless
So in summary, actually have the ailments you actually are trying to claim. If you have ptsd you don't have to lie
Correct!
I think it's important to include in the summary, describe your symptoms rather than name them..
DO NOT GO! I went from 50% to 100% never attending a single C&P exam. The law allows you to submit DBQs from your own doctor in place of a C&P exam and I’d encourage all veterans to do so. A C&P exam benefits you in no way. As a law firm I’m surprised you don’t suggest this.
We do use this tactic with our clients. That was not the point of the video though. We use private doctor DBQs and reports in our cases every day.
@Frank Shanks Do I have the discretion to use a DBQ over the C&P exam?
@@dushawnbulloch3208 The law says that you do and they are equally credible.
@Dushawn Bulloch. You may ALWAYS use a DBQ. But you do not get to pick whether you attend a C&P exam. VA decides that, and if it schedules one and you do not attend, VA will undoubtedly deny your claim. Also, PTSD is a unique condition - it is the only condition that federal regulations state that a trained C&P examiner must diagnose. While your DBQ from a VA treating psychologist is great, as is one from a private doctor....and it is a good tactic to get one...do not be surprised if VA still schedules a C&P exam and requires you to go.
no way im not showing up for a cp exam.. I dont care if its on the Moon im stealing a rocket and going
Luckily my PTSD was well documented while i was still in. As a medic i saw tons of shit and still have nightmares or just dont sleep. I was hospitalized while i was active duty in a civilian hospital which took care of me, better than any military facility ever did.