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Angry And Confused

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Jerry_O

Question

THIS IS NOT A FORMAL NOTICE OF DISAGREEMENT.

I am very confused about the recent rating results of my claim. Would you please explain some areas for me? My PTSD remained at 30% (the same since 1991 even though I have been recalled twice since that time).

PTSD: Progress Note by An Le, Psy.D. Psychologist, Signed: 06/13/2007

Axis I: PTSD with secondary Major Depression

Axis II: None identified

Axis III: Diabetes, broken knuckle, Depression, PTSD, Pulmonary, Cardiac, Cataracts, HTN, Neuropathy, and ED

Axis IV: Strained relationship with oldest son who was drug and financial problems; inadequate social support; health problems, recently moved and trying to sell old home.

Axis V: Current GAF – 50-55 due to PTSD (periods of suicidal ideation or thoughts of death, depressed, isolated, flat affect, occasional panic attack, has only one friend but rarely interacts with him, difficulty concentrating, difficulty sleeping w/o medication, anxiety).

Capacity: Veteran has the capacity to manage his financial affairs.

General Rating Formula for Mental Disorders:

Occupational and social impairment, with 70

deficiencies in most areas, such as work, family relations, judgment, thinking, or mood, due

to such symptoms as: suicidal ideation; or irrelevant; near-continuous panic or

depression affecting the ability to function independently, appropriately and effectively;

impaired impulse control (such as unprovoked irritability with periods of violence); spatial

disorientation; difficulty in adapting to stressful

circumstances (including work or a work-like

setting); inability to establish and maintain

effective relationships........................... ALL NOTED BY DR. LE.

Occupational and social impairment with reduced 50

reliability and productivity due to such symptoms

as: flattened affect; circumstantial,

circumlocutory, panic attacks more than once a week; difficulty in

understanding complex commands; impairment of

short- and long-term memory (e.g., retention of

only highly learned material, forgetting to

complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and

mood; difficulty in establishing and maintaining

effective work and social relationships........... ALL NOTED BY DR. LE.

It appears to me that the Psychologist stated I had met the criteria for 70% if not 50%.

Please note – and this is not a hateful remark – the Psychologist was Vietnamese. I had a very difficult time being in the room with her as I was on edge and didn’t want to come across as a weak American. I did not tell her about my personal hygiene or finances. My wife does all the finances and my personal hygiene is lacking. I don’t think the Regional Office takes into consideration that a person of the nationally where a traumatic event took place would cause additional anguish to a personal interview. I don’t believe our returning soldiers with mental disorders would want to be interviewed with an Arabic speaking person. Just my thoughts.

Also, I was wandering why my Major Depression was not considered. Or why wasn’t my PTSD associated either with my heart attack while on active duty or Diabetes.

Please note in Ms. An Le’s summary she wrote: From 2004 to 2006, he worked at an EDUCATION CENTER where his job required him to visit mortuary, read synopsis of every death from OIF/OEF and select out articles from those synopses. During this time, his drinking and depression had increased.

I can assure you that this was not done at a civilian EDUCATION CENTER! This was done at the DEPARTMENT OF THE ARMY HEADQUARTERS, Hoffman Building II, Alexander, VA while on my second tour as a volunteer. I provided my DD 214. To me it seems fundamental that the claim would be for active army trauma. I worked at the Education Center when I was recalled.

I would like to draw your attention to Ms. Le’s PSYCHOSOCIAL ADJUSTMENT SINCE THE LAST EXAMINATION. JOBS. SOCIAL. MEDICAL PROBLEMS. IMPULSE CONTROL. SUMMARY STATEMENT OF CURRENT PSYCHOSOCIAL FUNCTIONAL STATUS. MEMORY IMPAIRMENT. PANIC ATTACKS. ASSESSMENT OF POST-TRAUMATIC STRESS DISORDER.

ALSO – My first PTSD examination was in 1991 in Boise, ID. Additionally I was seeking a claim in Agent Orange at that time since I was having patches of white skin appearing all over my body. I was told in 1991 that I was not in an area where AO was sprayed later this turned out to be untruthful.

I was told that my claim for asbestos was denied. I never filed a claim pertaining to asbestos.

Did anyone read the letter on my behalf from Mr. Bob Waechter, MA., MPA Team Leader, Vet Center, Kansas City, MO 301 E. Armour Blvd, Suite 305 Kansas City, MO 64111. Telephone (816) 753-8166 Fax (816) 753-2328.

He wrote and I quote: Jerry Osborne has been seen in Individual and Group psychotherapy at the Kansas City Vet Center since September 7, 2006. He presented with symptoms consistent with a diagnosis of Post-Traumatic Stress Disorder, Chronic and Severe. The letter Mr. Waechter is quite long. I asked C&P if that letter was attached and they assured me that it was.

My other doctor at VA KC MO is Dr. Elizabeth Yaffee. She is the chief Psychologist for OIF/OEF vets. She has me on several medicines from PTSD and Major Depression. Also, she is considering having me undergo Electroconvulsive therapy (ECT): Treating severe depression.

Was she contacted? He telephone number at KC VA Medical Center is (816) 861-4700 Ext 56664 – Her secretary’s is Ext 56625. Her GAF rating for me was 45.

Very Respectfully:

Jerry

THIS IS NOT A FORMAL NOTICE OF DISAGREEMENT

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I think your 30% rating is too low. I think you should have gotten 50% at least. Are you working? I know you are laid up at present but can you work? This is the major factor in a higher rating for PTSD or any mental disorder in my experience. I was 30% for panic disorder and other major emotional problems until I got fired and ended up on disability retirement from the post office. Then I got 70% and then IU. My emotional problems were no better or worse when I had 10% than when I got 70% except I had a much better medical report.

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John - I have SC for Coronary Artery Disease (triple bypass and stint x2 MI), DMII, etc. I shouldn't be working but I have to since I can't seem to get a reasonable rating for for SC disabilities.

I'm going to fight this. It looks like they didn't even read the report.

I'm a federal employee at Ft. Leavenworth, KS.

Jerry

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Jerry - I have heard that the rater only spends a very limited amount of time with each case. Most began with the last rating decision as if one has been rendered. If it is a new claim they simply scan your claim request and the med reports THEY ordered. So to answer your question I doubt very much that they read what they get.

In their defense they do not have the time to spend on a claim that is needed and if they try and take the time needed management whacks them with the big government rubber hammer. I ain't right but that is the way it is - any decision rating issued is one claim closed (in the world of stats). The rater really does not care if it is an award or a denial - forward movement is the word of the day for them.

Although they have now moved the problem from their desk the claim simply gets returned back to the desk of the DRO - hince a backlog of over 600,000 claims. some of them over 2-5 years old. I betcha by the end of 07 we will see the back log increase to 7-8 hundred thousand claims.

Just one of them things we as veterans are expected to deal with. Hang in there and stay with them. From reading your post I think you will win in the end.

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Free - Because I'm upset and tired! My wife will have her breast removed in a few weeks, I had open heart surgery plus triple bypass 7 weeks ago, and I'm at the end of my rope. I just returned to retirement status from a volunteer tour of two years with mortuary and casualty affairs. I had to write synopis of death, view, and retrive personal effects.

I noted Not a Notic Of Disagreement because at the time I didn't know exactly what I was writing - I was raging.

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Jerry-I agree that the rating is too low-

1. Did you get a legal VCAA letter?

This letter states Important Reply Requested on the top and it is a generic form that contains undered or text highlighted statements from the VA as to what they specifically want from you as evidence for the specific claim.

Also did they send you an Election Response notice?

you probabvly got all this-I am just checking-

Did the decision list ALL of your evidence and then did they refer to it all in the narrative? it seems to me they did not do that at all.

I suggest you file a formal Request for Reconsideration-

Put in caps REQUEST FOR RECONSIDERATION

at the top of the letter.

Tell them exactly what you put in the letter you posted here-

If they failed to list or use ANY of the evidence you have, refer to it in this request and attach copies of it and send it all Priority with a tracking slip.

Mark yuour calaneder on the decision date - as to the one year NOD filing period-

This request does NOT stop the NOD clock but can generate a better decision and faster than an NOD in many cases.

I only recommend this avenue of approach in limited situations when I see a prime facie obvious case of the VA ignoring evidence that should have been considered.

It does look to me like the rater misinterpreted or skimmed over the medical evidence.

At the Buffalo VA a NOD is color tagged- and they only look at it after over a year has passed.

Also they claim the Iraq vets have caused them more backlogged claims-

yet a vet I know just informed me he filed for SC about 7 months ago and just got his award letter-

He has same POA I have and unlike me he got a legal VCAA notice and immediatly sentt they needed right away.He apparently didnt have to stand behind Iraq vets who VA says get priority claims treatment-

And he didnt stand behind my claim- at this VARO for 4 1/2 years already.

These ROs appear to be picking and choosing-

and of course if the vet gets a legal VCAA letter it means someone actually took the time to read the claim and thus- the vet can respond right away and get a proper decision fairly quickly.

I dont blame you for being angry.

Dont let anger cloud your vision on this-

Your letter makes sense to me and it should make sense to the VARO.

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