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Lowballed?

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ejw4856

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Good morning all and again thanks for being here.To refresh I received a rating of 30% for ptsd and i think that was wrong,here is why:

Diagnosis:Axis1 ptsd,other diagnosis is Major Depressive Order.the multiple axis1 diagnosis are related and the second diagnosis does represent a progression of the primary because the ptsd caused a later onset of major depressive disorder.each mental disorder can be delineated from each other.the ptsd is an anxiety disorder described as having flashbacks,intrusive thoughts,diffuiculty sleeping with nightmares,problems trusting people,difficulty with memory,being easily startled,avoiding activities,inability to remember importantaspects,intense physical reaction,sense of limited future,guilt,and difficulty trusting people.major depressive disorder is a mood disorder marked with depressed mood,generalized loss of intresst,low libido,insomnia,low energy,and having no social llife.

Axis11-defered

axis111-bilateral hearing loss and tennitus and copd

Axis1V-severe issues with occupational,personal relationships,psychosocial and social enviroments

AxisV-the Gaf score is 32

Answers to the Question from the VA:in referance to the question PTSD is diagnosed please state if IT IS LEAST LIKLY AS NOT RELATED TO THE CONFIRMED STRESSOR OF FAMILT PERISHING IN FIRE-tHE PTSD IS DIAGNOSED AND IS IS AS LEAST AS LIKELYAS RELATED TO THE CONFIRMED STRESSOR,AS WELL AS THE COMBAT HE ENDURED WHILE IN NAM.

the effects of ptsd symptoms on his employment and overall quality of life including not being able to handle the stress and other ptsd symptoms associated with work.he has interferance with daily life because he relys on oxygen 24/7.the above statement is supported by the following: difficulty in adapting to stressfulcircumstances(including work or work like settings and inability to establishe and maintain effectiverelationships.Based on the exam the clainent needs to seek followup treatment.he requires outpatient counselimg and medication. he does not appear to pose any threat of danger or injury to self or others.the prognosis for the psychiatric condition is poor.

hope this helps with what i asked in saying that i think it was wrong in giving me a 30% rating.thanks again i will await any answers.

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  • HadIt.com Elder

You may want to NOD that decision or ask for a reconsideration. This is a lowball. A Gaf score of 32 and they gave you 30 percent.

Look up the title 38 cfr 38 part 4, schedule for rating disabilities and compare your situation with the posted regs.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ffb9326eae9660f62ca8b4a86ad2fc95&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.73&idno=38

J

Edited by jbasser
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I think I remember your problem or one just similar. You definitely have a case for a NOD appeal or a reconsideration. While the reconsideration would be faster you are going to need some type of evidence to support this or something that you are sure they did not look at.

From reading that write up I would put you at 70% or at least 50% there is no way unless I am missing something that makes you 30%!

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  • HadIt.com Elder

Low ball is a mild term you should say railroaded. Appeal!!! I would ask for a DRO Hearing if it was my claim.

Can you tell us why they felt you were entitled to 30%? If that was your C&P exam someone should be fired.

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here is the reason for decision: Ptsd has been established.Exam by the dr.shows you have ptsd.We have no evidencethat indicates you were involved in combat. regulations say doubt goes to veteeran.

an evaluatio of 30% is assigned from mar 11 2010 the date we received the claim.30% is granted whenever there is occupational and social impairment with occasional decrease in work effeciency and intermittent periods of inability to perform occupational tasks,altho generally functionaing ok with routine behavior self care and conversation normal,due to such systems as:depressed moods,anxiety,suspiciousness,panic attacks,weekly or less often,chronic sleep impairment,mild memory loss.the exam by the dr.found your effect and mood indicate a disturbance of motivation and depressed mood.you have recurrent recollection of the traumatic event with recurrent distressing dreams.you avooid thoughts,feelings or conversations associate the event and markedly diminished participation in activities.based on these symptoms you are shown entitled to the 30%.

a higher evaluation of 50% is not warrented unless there is reduced reliability and productivity due to symptoms such as flattened affect bla bla bla.

the dr calculated you gaf to be 32,which indicates a serious mental disorder that is inconsistent with the symptoms he reportd. the dr.found no flattened affect,speech problems panic attacks,difficulty in understanding,memory problems,or impairment of thinking or judgement.therefor the 50% evaluation is not warrented.

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Low ball is a mild term you should say railroaded. Appeal!!! I would ask for a DRO Hearing if it was my claim.

Can you tell us why they felt you were entitled to 30%? If that was your C&P exam someone should be fired.

pete 53-somewhere i just put in in this so any responce would be appreciaated from anyone.thank you.

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