Nexus Letter Feedback

[ATCJen]

I got some feedback, thanks! 

 

 

 

 

Edited October 5, 2015 by ATCJen
got what I asked for

[godelocs]

It is my personal opinion that she hit the nail on the head.  Her NEXUS seems to cover all basis and leave no room for any questions.  The fact that she threw in there that although the GAF score is no longer used, but your score would have been 30 is priceless.  I think this is good for your case.

Others will weigh in, I just wanted to post my thoughts to help ease your mind.

Good luck and God bless.

[broncovet]

I agree with godelocks, BUT here is the problem. Please dont be mad at me because I give you an opinion, that may not be all that favorable. to you.  Heck if it were up to me, I would award your benefits, but I have read/went through/talked to a lot of Vets, and this letter may not help a whole lot.  Here is why:    VA thinks ONLY VA docs can diagnose PTSD.  And this independent  therapist apparently did not give her title, such as MD, PHd, RN, PsychD, etc.    The VA wont likely connect the dots to see if the state of Texas requires one of these to be a therapist.  It would have been more impressive on a MD, or Psych D letterhead.  Based on the information, below, I have doubts if the VA will consider this therapists letter as probative, but probably only consider it as "lay evidence".   Again, please dont shoot the messenger, I am merely trying to save you a bunch of time applying for benefits, only to have the VA cite this, below, as their reasons for denial, that is,  they only accept a VA docs diagnosis of PTSD.   

Its explained more, here:

http://www.allgov.com/news/controversies/veterans-groups-clash-with-va-over-ptsd-diagnosis?news=841999

At the same time that the Department of Veterans Affairs (VA) made it easier for soldiers to file a post-traumatic stress disorder claim, the agency also made it more difficult to receive such a diagnosis, prompting veterans groups to sue the government over the latter change.

 

In 2010, the VA decided veterans no longer needed to provide witnesses to substantiate a claim of PTSD. This move was heralded by veterans’ organizations. But then it was learned that the agency adopted another new rule that states PTSD diagnoses must come from VA doctors, not private physicians.

 

“Before this change, if you had a competent examination from a private examiner [that conflicted with] a competent exam from a VA examiner, the benefit of the doubt would go to the veteran,” Richard Cohen, executive director at the National Organization of Veterans Advocates (NOVA), told Military.com. “With the new regulation they could say they don’t have to look at a private examiner now because they have one done by a VA examiner. And the preponderance of evidence then is against the claim.”

 

NOVA, along with the Paralyzed Veterans of America and Veterans of Modern Warfare, are suing the VA, arguing that the agency has offered no proof that only their doctors are best qualified to diagnosis PTSD.

 

PTSD claims have soared since the invasions of Afghanistan and Iraq, going from 120,000 in 1999 to more than 345,000 in 2008.

-Noel Brinkerhoff

 

Edited October 5, 2015 by broncovet

[broncovet]

Again, please dont be mad at me, I promise you this is not my idea that VA requires a VA doc for PTSD diagnosis.  I simply shared what I read, and it does not look like the therapist letter will help, UNLESS you already have a VA doc PTSD diagnosis.  

[ATCJen]

Thanks! I do have a diagnosis from a VA doc as well as one from my primary care provider, as I would have been unable to get the referral to a mental health therapist specializing in  PTSD/MST without it. Also, this is on a letterhead that has her licensesure info on it which is why a lot of the bottom tops and side is blacked out. I'm already rated for a mental condition, and apparently getting rated Is considered one of the harder parts to overcome. Also, from what I've read in the VA pubs the diagnostic "burden of proof" is slightly different for sexual assault survivors than it is for people with non-sexual PTSD. For example, there is no DBQ for MST/PTSD but there is one for non-MST/PTSD. Im on my phone and gotta run for now. Thanks for the feedback. 

[Berta]

 Is this a claim for higher rating of the MDD?

in addition to a claim for PTSD?

Is the MDD rating due to the MST incident?

Veterans can get themselves locked into a PTSD claim because, if it falls under the 2010 new PTSD criteria,  Broncovet is correct...the claim will need a PTSD diagnosis from a VA MH professional.

It seems this letter is from a bonafide therapist but  I feel it will be problematic, as Broncovet does, because VA is firm on the VAMH diagnosis of PTSD.

Did you appeal the 10% rating for the  MDD?

 

 

.

 

 

[Buck52]

Here is the  VA requirements for PTSD

http://www.disabilitysecrets.com/resources/disability/veterans-disability/make-ptsd-claim-va.htm

 

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