Claim rated 30% should have been 50%, VSO failed to file for Depression in VA Disability Claims (General) Forum

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Claim rated 30% should have been 50%, VSO failed to file for Depression

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pokerchick	Claim rated 30% should have been 50%, VSO failed to file for Depression		Lead	[-]
Posts: 64 Apr 11 12 10:59 PM	Tags : ptsd, depression, claim I now just found out that my claim only included one diagnosis: PTSD with panic attacks. also have been on Antidepressants on and off , but since 2005, every month by the VA. I asked for a NOD, I did mention this. they had all my records why didn't they include it? also have Agoraphobia, and more. Also many of the records they received showed this. not just one or two. This is what my claim says: Service Connected for PTSD with panic attacks: Difficulty in establishing and maintaining effective work and social relationships (informed the C&P that I had been fired from my last 5 jobs, the last within 3 weeks) Anxiety Chronic Sleep impairment Depressed mood Mild memory loss panic attack (less than weekly ) told her was weekly Suspiciousness ALL THIS FOR THE 30 % RATING WHICH I GOT also a GAF SCORE OF 50 Indicates serious symptoms? THEN UNDER THE REQUIREMENT'S FOR 50% rating on the next page reads: Flattened effect panic attacks more than once a week difficulty in understanding complex commands Impairment of short-and long term memory , retention of only highly learned material, forgetting tasks (why i was fired) disturbances of motivation and speech ( depression, informed her C&P, that I rarely bathe and wear pajamas every day, and never leave my house, I have grocery's , toilet paper, prescriptions and even library books delivered. and food etc.(how many people have toilet paper deliveries to them and their food? Impairment judgement: impaired abstract thinking Difficulty in establishing and maintaining effective work and social relationship's. (also listed why i received 30%) The only one I don't have under the 50 % is the first the Flattened effect/ speech etc. I have all the rest. If my GAF Score is 50 and it says " A range of 41-50 indicates serious : or any serious impairment in social, occupational or school functioning" If I file for major depression and unemployable ( haven't work for over a year) what do I do. AFTER FILE OF THE NOTICE OF DISAGREEMENT?? I ALREADY CALLED THE VA, WITH MY DISSATISFACTION WITH MY PRESENT VSO and received the top dog over there and I left a message and also have a Advocate now, and was told by someone very helpful with the va she is very proactive. Can I add to the NOD: with the depression, thoughts of suicide, and paranoia ( she wrote Suspiciousness) Isn't that the same thing only worded for 30 %??? I would like as many comments/suggestions etc. please. I sorry about all the info given here but thought it may give every one a clear picture of my situation. thanks in advance my fellow vets sorry about this red dude can not get rid of him. also I posted twice how to delete one? Edited 1 time by pokerchick Apr 11 12 11:07 PM.
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byrddog		#1	[url]	[-]
Posts: 2645 Apr 11 12 11:19 PM	You can only be rated for one mental health problem. It appears you were rated for PTSD at the 30% level and what you have described 30% look to be correct. You may be able to make an argument for 50% but you will need some of the issues from the 70% range to solidify it. Being on and off meds will work against you as well. It is in your best interest to get on the meds and get to feeling better. Specificlly request something to help you sleep. Filing for MDD is your call but as I said you will only be rated for one MH condition. Unless you are 70% overall with one condition at least 40% you are not eligble to file for IU. I do agree that your VSO has not served you well. Having these questions when you get the decision letter would cause the Pope to be pissed. Get some help regroup and go at it again.
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pokerchick	sorry, I did not make myself clear	#2	[url]	[-]
Posts: 64 Apr 11 12 11:33 PM	I have been taking and perscribed by the VA, in their records by the way. that I have been receiving an anti-depressant, every month since 2009 and before going to the VA, by a civilian dr. (also in their records) every month from 2005-2009 so that show it doesn't it. Also through the VA,, and in their records have been taking Trazadone for 3 years. for sleep Edited 1 time by pokerchick Apr 11 12 11:50 PM.
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pokerchick		#3	[url]	[-]
Posts: 64 Apr 11 12 11:38 PM	Trying to copy/past my letter NOD here , but will not, anyone know why?
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pokerchick		#4	[url]	[-]
Posts: 64 Apr 11 12 11:43 PM	Edited 1 time by pokerchick Apr 12 12 7:43 AM.
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Rotor Head		#5	[url]	[-]
Posts: 8145 Apr 12 12 8:10 AM	In one of your posts you asked about AO presumptives. I found this: http://www.publichealth.va.gov/exposures/agentorange/diseases.asp. It is a VA page and should be reliable. A google search may yield even more results. In regards to your claim, I noticed that you have a new advocate. I hope that works better for you. It seems that you have done some research and that's good. Have you/they filed the NOD? It won't be enough for you to state your beliefs. You will need an MD to corroborate all the things you've listed and how they are service connected. Make sure that you submit every supporting document you have. Your advocate should be able to guide you in drafting an appropriately worded notice and identify the proper supporting evidence. If not, then get someone who can. Good luck to you.
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Patrick428		#6	[url]	[-]
Posts: 5220 Apr 12 12 8:31 AM Go Tar Heels! Closet Vols Fan	Pokerchick, Although you can only claim one mental disorder with the VA, you can make the argument that the other mental issues are impacting your most severe mental problem. By doing this you are saying to the VA you have a more severe case of PTSD because of the influences of MDD and Panic attacks have on your PTSD. I would be more apt to use this argument rather than file a new claim for MDD, because you may end up with a lower rating for MDD. Combining all these problems with PTSD makes the PTSD issue more severe. Add all the negative influences MDD and Panic attacks on your PTSD issues. Then file a claim so the VA gets a full view of how the combined impact has on you rather than how one disorder affects all your daily living, employment, and the inability to cope. In this case multiple problems show a greater depth of severity. Patrick U.S. Marine Corps, Vietnam 1965-66 and 1966-67, Honorable Discharge,1969, E-5 Two Purple Hearts, Bronze Star w/Combat Device, Combat Action Ribbon, Presidential Unit Citation, Vietnamese Cross of Gallantry w/palm Ph.D. Clinical Psychology (retired) Specializing in PTSD and Forensics Former C and P and Social Security Examiner 100% P and T plus SMC-S Housebound "If you're going to throw beer cans on stage, you could at least make sure they're full" Grace Slick, Jefferson Airplane
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The Old Medic		#7	[url]	[-]
Posts: 6043 Apr 12 12 10:00 AM	In addition to what Patrick said, try to get your treating psych to fill out a Mental RFC form, that clearly shows all that you are claiming. It would also help to download one of the Mental DBQ forms, and get them to fill that out too. Even if you have to pay to have those forms filled out, it would be a VERY wise investment. If you are seeing anyone outside the VA, give them a stamped, addressed envelope to the VA Regional Office (put your SSN and Claim number ON THE FORMS), AND ASK THEM TO MAIL THE FORMS DIRECTLY TO THE VA. (Some professionals are reluctant to "spill the beans" if they think their patient will see what they wrote.) You don't have to tell them that you can get a copy from the VA, if you want it. You need to establish the totality of your symptomatology, and exactly how that pattern is affecting your life. The PTSD and the MDD interact, and they can be much more debilitating together, than either would be alone. Best of luck to you. Medic US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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cruiser		#8	[url]	[-]
Posts: 17453 Apr 12 12 11:59 AM	Let me try to clear up some misunderstanding here from the perspective of the decision maker at VA. There is no reason to even mention other diagnosed mental health issues, much less file another claim for service connection for another one. If you think that your evaluation is too low, simply file a Notice of Disagreement on the evaluation or submit a claim for increase. I wouldn't even mention any other diagnoses. Let me explain. It is rare to see anyone with a mental health diagnosis who doesn't have one or two additional mental health diagnoses in their records. Just about every PTSD diagnosis that I've seen has at least one other diagnosis somewhere in the file, if not in the same medical report. Once you are service connected for a mental health diagnosis, any mental health diagnosis, ALL mental health symptoms are attributed to the service connected diagnosis because they aren't able to specifically say what is due to which diagnosis. They don't even try in most cases. The only real exception to this that one is likely to see is when service connection is established for a neurosis, like PTSD, and a subsequent dementia like Alzheimer's or maybe a head injury with severe cognitive residuals comes along later. In these cases the cognitive disorder can totally overlay the neurosis and completely mask it which essentially freezes the assigned evaluation for the service connected neurosis. When we are talking about things like PTSD and MDD, it is highly unlikely that there would ever be even an attempt to separate the symptoms from each diagnosis. For VA evaluation purposes everything would be attributed to the PTSD and the MDD would be ignored. Cruiser
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pokerchick	Rotor Head	#9	[url]	[-]
Posts: 64 Apr 12 12 12:12 PM	Thanks, but already drafted and mailed my NOD today. tried to copy/pasted it here, and I do know how, but unable??? strange thanks for always replying to me, as very few do lol
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pokerchick	thanks The Old Medic	#10	[url]	[-]
Posts: 64 Apr 12 12 12:19 PM	I do have a question: where can i get a Mental PFC FORM?? Not sure where to find the DBQ form either, sorry. i have looked at so much research can not remember where to find them? ALso a VA doc can't fill them out? why not? and I have only 1 civilian dr. and it is for CHronic pain mangement , that my future medical is paying for the rest of my life. he does know all the meds I am taking for mental health. but he doesn't address it . what should i do?? thanks again for replying to me Edited 1 time by pokerchick Apr 12 12 12:22 PM.
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Claim rated 30% should have been 50%, VSO failed to file for Depression

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