[Dro Appeal For Tdiu Denied Then Mh Diagnosis Changed]

Can you answer this for me? I was diagnosed with obstructive sleep apnea by a private doctor 4 years ago. I cannot tolerate the mask so I have been suffering. Until my medical C &P the VA did not know about this. The Dr that did my C&P was a neurologist, saw my palate and said he wouldn't be surprised if I had it - I told him that I did...he noted it in my C & P.

I told my Primary Dr about it at checkup and asked her to send a consult to the sleep lab so I could now be seen thru VA...she did, I'm on wait list.

Now, I have recently discovered that the SC mental health issue and the treatment I have been receiving for it are "more likely than not" having an effect on the severity of my sleep apnea. I think it is likely that it could be a secondary issue to the mental health rating and therefore be service-connected and rated. I can go get my records from my private doc and I'll be he will be willing to write exactly that statement for me.

How can I get this considered in my current claim? Can I get it in as new evidence, along with the new diagnosis as a way to try to get the DRO to reconsider?

I get a headache just thinking about this stuff!

[Dro Appeal For Tdiu Denied Then Mh Diagnosis Changed]

Hi Berta - you are actually the lady who most helped my brother-in law!

Please see my answers below

"Today I met with a new psychiatrist and he has determined that I have been misdiagnosed all this time and that I actually have bipolar disorder."

Did he link your bi polar directly to your service or to your service connected depression?

He said that the the major depression I am SC for is actually bipolar disorder and notated my file of the correct diagnosis for the service-connected mental health condition.

Did he change your medication? Yes. I was on Prozac and still very, very depressed so he put me back on zoloft and added lithium.

Would he be willing to provide a medical statement that reflects the new diagnosis, that it is directly due to your service or to the depression and that it should be re evaluated? I believe that he would. He did a whole lot of notating in my file while I was with him.

You could ask the DRO to Reconsider their decision with any new and relevant info from this new doctor.

How should I go about doing that? By letter?

Although you filled out the I-9 BVA appeal form- the claim wont be getting to the BVA to fast and yo have time- with sgnificant evidence to request a reconsideration of the DRO's decision.

Do you have a copy of the actual C & P results to show the new psychiatrist? I have requested my c-file

Would the new bi polar diagnosis -in his opinion- warrant a different rating? Definitely have to ask

Is this a VA doctor or a private new doctor? New VA shrink, the old one was a nightmare.

The ratings for any mental health issue are determined by medical evidence.However other evidence as well can come into play. Any performance appraisals of past on the job behaviors can often help a TDIU claim.

One of my best friends is 100% P & T SC for bi polar.It was his inservice personnel records (not his SMRs)that helped him gain this award.His VA shrink agreed.

If push comes to shove there is something in my service records I can use. One month I was Airman of the Month...the very next month I got an Article 15 for insubordination when I had never been in trouble before!

[Dro Denied Diagnosis Changed A Week Later]

Inform the VA immediately that you were misdiagnosed and it is best to have the Doc write it out or have it in your progress notes. Even better if Doc would link it to your service.

Good Luck

I'm going to get a copy of his notes from yesterday. Question, is it necessary to get him to link it if the previous diagnosis was already linked?

[Dro Denied Diagnosis Changed A Week Later]

Remember, it is not the DX that will get you a higher rating but the level of disability you have now. I was DX'ed with depression, bi-polar, schizophrenia. It does not matter what name they call it. What matters is do your symptoms match at least a 50% level of disability for a mental disorder other than PTSD. I would try and get an IMO and then ask for a personal hearing before shipping this claim off to the BVA where you will be waiting for 2-3 years. If you are unemployable that is a long time to wait for a check. What you will probably get from the BVA is a remand. That will probably add another year to the 3 years you waited.

Can you tell me where I an get the info about rating levels for mental health dx?

[Dro Denied Diagnosis Changed A Week Later]

Glad the folks here were able to help your in-law. Now for you do you use a VSO? Have them as well as you send in the proper diagnosis made by the psych dr. Did you receive your own copy of the C&P? If not, get one. You always need to go to ROI(formally medically records) and get copies of EVERYTHING i your records, ALL labs, tests, treatments, dr notes, referrals, ALL OF THEM. Read over these and highlight specific area related to what your claims are related to. Leave it, and go back and reread to see if you missed anything. I assume you have all you military records, the kit and caboodle of them all, if not get them.

If these steps of getting the dr to write the correct diagnosisand send it in does not prevail at this step appeal, appeal all the way.

Why didn't you request a personal hearing with the DRO? Could have had it with transcripts too.

Sorry, I actually did have a personal hearing with the DRO -thank you all so much for all this wonderful help!

[Dro Denied Diagnosis Changed A Week Later]

Posted Today, 09:40 PM

I think I posted this in the wrong place (SORRY!) so I am re-posting it here :)

Hi All,

I'm a newbie that was sent here by my brother-in-law. He received a tremendous amount of help from Berta on his TDIU claim and was eventually successul - so on his behalf I thank all of you for helping him and hope you can now help me.

I am currently 60% SC. October 2008 applied for TDIU. Initially upfront denied because I did not meet schedular requirements of either 70% SC or one SC rating of 40% or higher. (I am 30%, 30% and 10%) I appealed to DRO, she ordered new C&P's. I have been receiving treatment through the VA for the last 2 years for my 30% SC Depression rating. Having not had a C&P for the last 20+ years, the DRO thought it likely that a new C&P would show that the condition had worsened. She wanted to address meeting the schedular requirements within the same appeal for TDIU.

What I found out at the C&P was that my psychiatrist had neglected to properly annotate my file with the severity of my condition. I pleaded with the reviewer to hear me and to accurately document my condition. He listened and I thought it went in my favor.

Last Friday I got the denial and was shocked! No increase and up front denial of TDIU for not meeting schedular requirements. I immediately appealed to BVA.

Today I met with a new psychiatrist and he has determined that I have been misdiagnosed all this time and that I actually have bipolar disorder.

What is the best thing for me to do now? I appreciate any help you can give me!

TracyK

[Dro Appeal For Tdiu Denied Then Mh Diagnosis Changed]

Hi All,

I'm a newbie that was sent here by my brother-in-law. He received a tremendous amount of help from Berta on his TDIU claim and was eventually successul - so on his behalf I thank all of you for helping him and hope you can now help me.

I am currently 60% SC. October 2008 applied for TDIU. Initially upfront denied because I did not meet schedular requirements of either 70% SC or one SC rating of 40% or higher. (I am 30%, 30% and 10%) I appealed to DRO, she ordered new C&P's. I have been receiving treatment through the VA for the last 2 years for my 30% SC Depression rating. Having not had a C&P for the last 20+ years, the DRO thought it likely that a new C&P would show that the condition had worsened. She wanted to address meeting the schedular requirements within the same appeal for TDIU.

What I found out at the C&P was that my psychiatrist had neglected to properly annotate my file with the severity of my condition. I pleaded with the reviewer to hear me and to accurately document my condition. He listened and I thought it went in my favor.

Last Friday I got the denial and was shocked! No increase and up front denial of TDIU for not meeting schedular requirements. I immediately appealed to BVA.

Today I met with a new psychiatrist and he has determined that I have been misdiagnosed all this time and that I actually have bipolar disorder.

What is the best thing for me to do now? I appreciate any help you can give me!

TracyK

[Trying To Reach Berta]

Hi Berta,

You helped my brother-in-law Tim with his TDIU. I am just so confused that I'm not sure what to do. I am 60% SC...have filed for TDIU was upfront denied because didn't meet the 70%. Appealed to DRO got new C&P just received denial. I've done all of this on my own so far and am not sure what I should do next. I know I need to appeal to BAV but what other advice can you give me?

Thanks so much-

Tracy Keyes