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exam notes and records don't match

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LouJ0424

Question

Hey guys,

I'm knew to this forum so sorry if this is in the wrong section.

--I had a comp exam on Saturday, looking to get an increase on my mental health disability from 50 to 70%. It lasted all of 10 minutes and he asked about 5 questions. Today, I looked on ebenefits and saw his notes. Needless to say, I was shocked that after the exam was finished, he told me he would review my medical records, because he apparently didn't.

I guess the two major concerns I have are: He checked reduced liability for work, when I've had multiple jobs since being out and the longest is 6 months (including leave due to panic attacks) and I am currently attending intensive outpatient treatment that lasts (on average) 1 1/2 years;

the second: my medical records indicate I have a newborn that I am not able to be around due to my anxiety. 

So, my question being: should I wait for a decision from the rater to see if it does get increased or do something about it now?

I attached his report...hope it helps, and sorry if I left anything out. Thanks in advance!

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Edited by LouJ0424
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  • HadIt.com Elder

 Yes wait for a decision, you can't NOD until you been denied.

Sometimes why a C&P don't take very long  is  B/C the examiner has read all your records and went over them pretty good,  he needs to see you visually and watch your reactions to a few questions and they keep an eye on your eye contact with them, how you react to a few questions  b/c they have read your records and just need to confirm in person your S.C. disability's.

Just looking at your C&P Exam    it looks favorable to me that you will get an increase....possibly 70%to 100%  the exam looks favorable to me for an increase.

jmo

.............Buck

Edited by Buck52
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Was this for a TDIU claim ? (form 21-8940)

I agree that this might well be 70%,or maybe 100% but something is missing....the very next page where the doc makes a statement as to your ability to be employed/unemployed.

It is a positive exam ...one question...by VAE did this mean VA Voc Rehab?

If so did Voc Rehab give you any statement that,solely due to your SCs, it is not feasible for you to continue Voc Rehab?

Have you applied for SSDI?

I think they might award 70% but enclose a TDIU form for you to fill out and (make copy of it first for your records) send back to them.

TDIU is paid at the 100% rate (which they could possibly award here too) but there is a big difference from 70% to 100% rate.

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  • HadIt.com Elder

Ms berta

I notice that too  and I was going to commmet on a page or two missing.

It looks like the examiner read his records   so I don't understand why he mention it looks like he didn't?

Now the way he posted these on here I'm sure something was left out.

jmo

..............Buck

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I agree,  Buck and Ms Berta,  it's possible the last page wasnt uploaded. It does look like a good exam for increase from 50% to me as well. 

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  • HadIt.com Elder

They have him down for 3 different mental disorders

1. MDD  ICD Code F.33

2.Mental Disorder OCD  Code F.42

3. Panic Disorder   code F.41.0

Also his Occupational and Social Impairment and Reduced Reliability and  Productivity  is check with (x)

All his systoms  meet the criteria  for the DSM 5 PTSD Rating , but nothing was mention about the DSM 5 Criteria? 

The VA will not rate more than 1 Mental disorder, and I do think this veteran will get low balled   as they will probably rate the MMD to 30%/50% ??

In my opinion he needs to go to VA MH and ask for a PTSD Screening and the systoms he has & get diagnosed for PTSD DSM 5

to me he would meet the PTSD   DSM 5 Criteria  (If he has a  in service Stressor or two.)

His high anxiety  mood swings keeps him from being employed and having any type of a sociable life

Most all his symptoms I would think would meet the 70% 100% DSM-5 PTSD With unspecific Depressive Disorders.

iF HE GETS A  70% RATING I would disagree with that and ask for IU USING THE EXTRA SCHEDULER (b)

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  • HadIt.com Elder

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