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Zero % After Dro Hearing For Ptsd

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Johnny K.

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Dear Tbird,

This site is an unbelieveable blessing and, after more than two years of trying to prove service connection for my PTSD, I finally found the site a couple of months ago, after my Legion Rep told me about it.

I have been married twice, most recently for fourteen years. I am a Vietnam and Desert Storm non-combat veteran and worked as a Hospital Corpsman from 1973-1992 mostly with the Marine Corps as a Field Medical Service Technician as a platoon corpsman , and as an EMT/Paramedic at Camp Pendleton Naval Hospital emergency services, and in the refugee camp in 1975 where all of my documented stressors occurred, along with caring for the sick and wounded returning to Long Beach Naval Hospital during 1972.

Last week a DRO sent me a transcript of our meeting and changed me from a complete denial status of my service connection claim to zero %. I have been treated by private mental health professionals on an outpatient basis since 1981, and by VA doctors since 2005. The diagnoses have always included anxiety/panic disorder, major depression, etc. GAF 55.

My American Legion Rep is happy and says that, now that I have recieved service connection status, we can appeal again for a higher percentage of disability.

I currently work four hours a day, five days a week in a job which allows me to have minimal contact with the public, and that helps me avoid many of my stressors.

I drive to and from work, and drive at work and, because I am on medication continuously I have few road rage incidents. I have been on medication for many years for my symptoms and I recieve them from a VA psychiatrist.

The transcript from the DRO had several mistakes in it, and I would like to correct them. How do I do that?

Also, in order to get my rating increased do I need to get a statement of employability? And should I go to a civilian psychologist, or psychiatrist-- or the VA psychiatrist (who I do not completely trust). Who's opinion would carry the most weight with the people who make ratings decisions?

One of the great Hadit community members provided me with a list describing what each percentage increment for PTSD requires, and I believe I fall somewhere around 30-50 %.

Thanks for your great heart and the help of the whole Hadit community.

Doc John

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I know a few psychiatrists and psychologists in the Tampa Bay area. They helped out. I think I would see a psychiatrist because the VA gives them more regard for some reason.

Thanks, John,

Do they specialize in PTSD?

Send me some names by email.

Doc John

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True. But remember, shrinks first and foremost are medical doctors rather than academics, and shrinks go through a LONG period of medical training (internship/residency), way more in time and type of training than a Ph.D. does.

I would use Ph.D. opinions is a supporting role to my main MD/DO IMO(s). So the main goal would be seeking out an MD/DO for at least ONE IMO, if not more than one....unless I couldn't get an IMO that is FAVORABLE to my claim then I would think I just didn't have a case of enough merit to continue with it.

-- John D.

Dear Cloudcroft,

I think you are right about the M.D./D.O. opinion being necessary. In my C-File I have three opinions from psychologists and one from a VA Psych,M.D. all stating I have PTSD and major depression with panic/anxiety which began during my first tour of active duty at the end of the Vietnam war.

When I finished with the DRO she looked at me and my wife and said "good job".

And then came the transcript, and my Rep telling me zero percent. I am not angry but I am determined to get the rating that is correct for my SC.

Thanks for the good advice,

Doc John

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JohnnyK,

You're welcome.

1. As for the rater giving you 0%, sometimes it's just the particular ratings officer you got...a different rater may have given you something different.

2. At least your foot is in the door getting the 0%...at this point, that's the victory. Now, you continue the struggle...as lots of us have.

3. Remember, most of the time a VA doctor's opinion is given more weight than a civilian doctor's opinion (IMO)...that's just how it is. But don't let that stop you. Even a VA doctor at some point down the road may agree with you or, you can get a civilian doctor who is helpful.

Now you must prepare yourself (and family) for the 3-5 year process this may take (this includes the time it took to get this far, from the date of filing your claim to the rendering of the 0% decision). If it takes less time then good for you, but don't count on it. If you aren't mentally/emotionally prepared for the long-haul, you won't make it, and like most vets, will give up.

-- John D.

Edited by cloudcroft
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Johnny, as far as VA docs go, I have a shrink that I didn't think much of either, but he writes excellent notes from the clinic vists. I at one time wanted to switch from him to the PTSD team, after being messed up by the PTSD team on the admissionto the inpatient program (they rejected me on the basis I was to sick to be in the hospital)so I asked the shrink if he would continue to see me (my wife suggested I keep him, due to his notes. In the long run it was one if NOT the most impiortant decision I ever made, my 100% came from his notes and his letters supporting my claim for the 100%. Sometime the people you expect to help you the least help you the most

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Johnny, as far as VA docs go, I have a shrink that I didn't think much of either, but he writes excellent notes from the clinic vists. I at one time wanted to switch from him to the PTSD team, after being messed up by the PTSD team on the admissionto the inpatient program (they rejected me on the basis I was to sick to be in the hospital)so I asked the shrink if he would continue to see me (my wife suggested I keep him, due to his notes. In the long run it was one if NOT the most impiortant decision I ever made, my 100% came from his notes and his letters supporting my claim for the 100%. Sometime the people you expect to help you the least help you the most

Hey Testvet,

Here is what Berta said on the topic earlier, I really appreciate her, too:

date='Jul 29 2007,

I am astonished that the VA has not awarded you yet with the evidence you mentioned.

Do they have all of that evidence?

Did they ever refer to it yet in any Statement of the Case?

Have they attempted to rebutt those IMos with any VAola quackola medical opinions?

I would certainly bring all of the above opinions to the DRO hearing and make sure they are fully considered-

and are made part of the record----

My Rep at a DRO hearing- claimed he highlighted my IMOs -but the DRO record shows this never happened and that VA did not even have any IMos from me.

I hope the AL will sure show up for the hearing.

When the VA has enough medical evidence to make an award -they should award-

they should NOT do any doctor shopping to try to find a VA opinion against your claim.

When MY rep called me before the DRO conference (it wasnt really a hearing)

he said he was sure he would walk in with my IMos and walk out with an award.

I dont know what he walked in with- my IMOs disappeared from that point for over 2 years-in spite of being re-sent by me many times-and he never gave them to the DRO.

I will look for the regs and post them here-

that show that VA -with enough medical information to award (regardless of where it comes from-claimant or VA )is supposed to award.

You have a preponderance of evidence -

actually it is really too late for VA to doc shop-

I sure hope the AL knows the regs in and out on this one.

Berta

I saw the VA psychiatrist yesterday for my quarterly eval. He was not even aware of my claim, although I assumed he was. You know what they say about "assume".

I was not aware that the claims people do not talk to the medical people so yesterday I had him enter information about my claim into my VA medical record. He really only seems interested in controling my meds- not in counseling or therapy.

I have decided to stay with him and also get an IMO letter stating my employability and other conditions of my disability. But I guess I need a Psychiatrist who specializes in PTSD, what do you all think?

The DRO 's transcript did not mention that I have to be on meds all the time so I will get a statement from the doc to that effect.

John D. (cloudcroft who is very sharp, too) states that the VA psych's opinions are given more weight than a civilian doctor's. But I have two VA psychiatrists so far: one VA psychiatrist for my C&P (who said I have SC major depression but not PTSD) and another on a regular basis for treatment. Plus I have four psychologist opinions ( two from VA and two civilian) stating I have service connected PTSD already recorded in my C-file and the VA medical records.

I will not give up even though the battle just makes my symptoms worse.

Thanks for the encouragement! Got to go .

Doc Johnny K.

Edited by Johnny K.
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sounds like the DRO was playing the numbers game. if the issue in front of him is "entitlement to service connection for ptsd" then he can award service connection and pull the issue off appeal as a "complete grant of benefits." he did that by granting you what you asked for, and assigning a zero percent evaluation. he gets the credit for disposing of a case, and his pending appeals numbers go down by one.

now you have a new claim for "evaluation of service connected posttraumatic stress disorder" which is not on appeal. since you have a diagnosed mental disorder and take medication, an evaluation of 10 percent is inevitable. but higher evaluations may depend on complex issues specific to your claim. do you have co-existing mental disorders, one of which is not service connected? such a scenario is suggested by the DRO's assignment of a 0 percent, and can be problematic for getting a higher evaluation.

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