C&p For Depression

[Maurice]

Help: I went to a C & P for Depression and took a letter that a chief of Medical at another VA Hospital wrote for me and the C & P Doctor would not look at the letter from my VA Doctor. What should I do? Disable veteran without income need answer to his problem with the VA C&P

[cowgirl]

Yes, its that worksheet. sorry to mislead with my jargon. humbly,cg

When you wrote "namely the VA MDD guideline (pseudo checklist)" did you mean the VA Mental Disorders Disability Worksheet found at this web address or did you mean some other document

?

]

[tssnave]

Terry,

Thanks for your candor about your wife writing about your ED. That gives me an avenue of approach for an issue that has bothered me about my claim from reading other mental disorder cases on the VA website. Since part of the mental disorder rating has to do with social impairment for friends and family, mental cases often talk about how many times a person has been divorced or how long they've been married.

Even if most of your family isn't talking to you, you aren't able to make friends because of your erratic behavior, and you don't cope well in public (that would be me) it's almost as if you are penalized (or at the least, run the risk of being rated higher than your other symptoms would indicate) if you are a psych veteran and your long suffering spouse has hung in there for the long haul.

My marriage has lasted almost 20 years because I have a spouse who is a Christian, has integrity, and actually meant the whole "for better or worse, in sickness and in health, till death us do part" words of our wedding vows. Heaven knows that because of my sc bipolar disorder we have had plenty of the "worse and sickness" part but the VA apparently doesn't realize that some marriages remain intact even if one of the spouses doesn't.

I have to admit, I did get a kick out of how you phrased your post: "She nailed them with the ED part." A Freudian slip, perhaps? ;-) Seriously though, thanks for sharing your experience on how the VA can use a spouse's evidence on the intimate parts of your marriage as evidence. That gives me a course of action and some much needed hope that if you give them the facts they can and sometimes do ultimately rate your claim properly.

Thanks,

TS

Edited October 18, 2007 by tssnave

[tssnave]

Cowgirl,

Thanks. Your post wasn't misleading, I just wanted to double check and make absolutely sure that there wasn't another resource out there I didn't know about. I didn't know squat about anything with my claim until I came to hadit and have been amazed at the information I've been given and thought it was possible there was some internal document or something they used. I took the VA MDD guidelines to my shrink so he could cover everything the VA did in the C&P exam in my IMO so it would be suitable for rating.

What I'd really like is the software program the VA uses for psych C&P exams to show my shrink. The VA examiner just asked whatever question popped up on the screen, wrote down the answers, and it was electronically sent to the VARO that day. Technology is amazing but the human factor still prevails. I answered her questions as best I could when I went there very depressed (who can think through the fog?) and it wasn't until later, when I went to a shrink to get an IMO that I found out that there was at least one question that I answered incorrectly. The VA examiner asked me if I had any psychotic symptoms and I said no. I thought psychotic meant you lost complete touch with reality.

Turns out, according to my IMO shrink, that the whispering and patterns I hear and see at the tail end of an extended manic episodes are psychotic symptoms. It didn't cross my mind to tell the VA shrink about them in response to her query because I didn't know they were considered psychotic. The thing is, I thought I had a pretty good understanding of my disorder since I've been dealing with it for 25+ years. I'm almost 50 so I'm not a kid so if anyone should be able to accurately represent themselves to the VA you'd think it would be me but that wasn't the case. On top of being so depressed I couldn't think straight during the exam (it was hard to tell her about my manic symtoms when I was in the depths of despair in depression) I left out important information about my psychotic symptoms because of my ignorance.

I enjoy your posts and appreicate your input.

Thanks again,

TS

Edited October 18, 2007 by tssnave

[Pete53]

Nave:

One thing I find remarkable is the spopuses who stick by their Vets rain or shine, sickness or health. God Bless them all. Mine has put up with me for over 40 years and we married before I served so I consider her a Veteran of Military and VA also.

[betrayed]

Betrayed,

I didn't realize you could have family members write statements in support of your claim. I assumed that since they were not medical professionals (just the folks who have to keep your entire life on track if you're like me) that their opinion wouldn't count and it was best to stick solely to the getting an IMO.

Have others here at hadit provided the VA with statements from family members in support of their (mental disorder) claims?

Thanks,

TS

my son did one and my wife has submitted several in my case and yes they helped.

The veterans Survival Guide written by John D Roche also called how to file and collect on VA Claims. Journal

The author, a former claims adjudication specialist for the Veteran's Administration (VA), assembles the information veterans and their dependents need to file a claim for their federal benefits. According to Roche, the process is slow and complicated, and the VA is not helpful to those pursuing their rights. Roche concentrates on instructing readers in the key elements for securing benefits: constructing a "well-grounded claim" and complying with claims procedures. In plain language, he provides detailed descriptions of the steps involved and illustrates the discussion with examples and cautions. The author pulls no punches regarding the difficulties claimants encounter and succeeds in providing them with the information they need to work through a tangled system.

I WISH I HAD THIS BOOK B4 I FILED MY FIRST CLAIM !

in the book he states "TESTIMONIAL EVIDENCE A MUST To make sure you have probative evidence of an injury or disease you must know how to prepare sworn written testimony supporting the claim. The VA is quick to disregard buddy letters as evidence. However, a properly executed deposition giving a detailed explanation of pertinent facts from you, members of your family, fellow employees, employer, or former military comrades is vital relevant evidence. The VA can disregard your sworn statements only if it has hard factual evidence to the contrary. Although it may not want to, the VA must give this type of evidence considerable weight. You must learn how to construct these statements so they relate facts, not opinions or conjecture. The deposition must demonstrate how your medical condition affects your daily routine in the workplace."

In deciding Caluza v. Brown, 7 Vet App. 498 (1995), again narrowed the powers of the VA in deciding issues involving lay evidence. The decision reminded the VA U.S.C.A. 5107(a) STATES THAT "TRUTHFULNESS OF EVIDENCE

IS PRESUMED IN DETERMININGWHETHER A VETERANS CLAIM IS WELL GROUNDED"

IN 1991 THE COURT DECIDED SEVERAL MORE SIMILAR CASES IN FAVOR OF THE VETERAN. IN HAMLETS V DERWINSKI, 1 VET APP. 164 (1991) THE COURT STATED "THAT THE BVA MUST EXPLAIN WHY IT DID NOT ACCEPT THE CREDITABILITY OF THE APPELLANTS PERSONAL SWORN TESTIMONY AS EVIDENCE."

CARTRIGHT V DERWINSKI, 2 VET APP. 24 (1991) FOLLOWED THIS DECISION IN DEC 1991 STATING "THE SECRETARY CAN NOT IGNORE THE APPELLANTS TESTIMONY SIMPLY BECAUSE THE APPELLANT IS AN INTERESTED PARTY" THE DECISION WENT ON TO POINT OUT THAT THE VA CAN NOT TREAT A VETERANS SWORN STATEMENT ONLY AS PART OF HIS CONTENTION; "IT MUST ACCOUNT FOR AND EXPLAIN ITS REASONS FOR REJECTING THE TESTIMONY [EMPHASIS ADDED].

I also read somewhere else the one of the most under used tools is these statements. You are doing your self a disfavor if your not using every tool in the box.

I read and read and read, that is how I got +300 schedular perm and total.

I just had my wife and son type their statements and added attachments to the top and bottom of the statement, made sure there was a header or a footer which was along the lines of

"Statement Jimmy B Good Jr. ICO Veteran Jimmy P. Good Sr., VA File number 123-45-6789.

Their signature need not be notarized but it wont hurt. The sentence in the bottom of the attachment

" I certify that the statements on this form are true and correct to the best of my knowledge and belief."

makes this a sworn statement.

Well boys and girls did we learn anything today?

Edited October 21, 2007 by BETRAYED

[betrayed]

Statement in support from my wife

My name is Laurie F XXXXXXXXX I am the spouse of the above named veteran. Within the past year things have changed dramatically with my husband. He has become extremely depressed with constant mood changes, from highly agitated, to very angry with verbal outburst for no apparent reason, and most of the time his anxiety level is very high. He has called me at work many times while having anxiety/panic attacks. He thinks that he is not going to live more than a couple of more years. He always thinks something bad is going to happen to himself, my daughter or me. I feel as if I am living in a fort. He has locks on everything that can be locked. He has installed surveillance cameras on the house, and he will not answer the door without first checking the cameras to see who is outside. If he doesn’t recognize the person at the door he will answer the door with a pistol in his pocket, because the cameras don’t work so well at night he will keep his pistol in his hand behind his back and when the coast is clear he will slip it into his back pocket. He has made me learn how to use his pistol just incase something bad happens. My daughter doesn’t like to have her friends over anymore because of his moods. One day he can be nice to her friends the next day he can scare the hell out of them, and be very suspicious of them. He does not trust anyone he doesn’t know, and even if he does know him or her he doesn’t trust them completely. He does not feel safe outside of the house. When he first moved back to Michigan he had a concealed weapons permit from Mississippi and constantly carried a concealed weapon, when he had to get his Michigan drivers license that established him as a resident of Michigan and voided his Mississippi permit and he was no longer allowed to legally carry a concealed weapon. This is when allot of changes started. He says you can never be safe anywhere even in your own home. When I started a new job this past summer he talked with the owner of the salon and offered to suggest ways to improve security including surveillance systems. When I used to work in Novi he would freak out if he knew I was working late (after dark) and get upset and told me to make sure I wasn’t the only person in the salon and to make sure if I was closing that the last customer walked outside with me as I closed up and we walked to our cars. I never know what kind of reaction I am going to get out of him when we talk. He has become reclusive. I’m lucky to get him to go out to dinner and when we do if he cant find a seat where he can watch the door and the entire inside of the restaurant we leave and go somewhere else. If I am lucky enough to get him to go to the movies we have to set close to an exit. Our social life is pretty much non-existent, he would rather stay home upstairs in the bedroom. That’s is where he spends most of his time, sitting in front of the window watching over the driveway, yard and sidewalk leading to the door. It is if he is always on guard duty. He doesn’t do anything he used to enjoy from hunting, fishing, woodworking to taking care of the yard. He sold his Harley, which he loved more than anything. He doesn’t have an appetite he has lost 40 lbs in the last two years. He has bouts of uncontrollable crying, the other day when I was talking to him I said I wish I could have known you when you were in the military, In your uniform being the boss. He just burst out crying which shocked me, I asked him what was wrong and he said you’ve only seen me at my worst, just a sick paranoid failure, he doesn’t fell as if he can provide for me or keep me safe.I took me a half hour to calm him down. In the last year everything just seems to get worse and worse for him. This is extremely affecting me; I am scared to let him out of my sight.

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and another from my wife

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My name is Laurie F XXXXXXXXX, I am the spouse of the above named veteran. Even though I have only been married to him since 2004, I have known him since childhood and we were best friends in high school. During my husband’s childhood and through his teenage years he was healthy. In high school he was on the football and track teams. He graduated high school and then I saw him off to the navy. Thirty years later, His health is a different story and affects our lives on a daily basis. The most recent challenge has been his heart disease. In April 2006 he was doing pre-op stuff at the Ann Arbor VAMC. He told his nurse he had been having chest pains during stressful times. His nurse scheduled a stress test, which he failed, ejection fraction at 48%. His kidney stone surgery as well as his spinal fusion surgery was canceled. On June 1st 2006 my husband had a heart catherization conducted at providence hospital. The discharge papers stated my husband has triple vessel coronary artery disease. My husband’s doctor told me he had two blockages at 80% and one at 100%. They put a stent in. The doctor said my husband was a time bomb waiting to have a heart attack.

Note: I would like to state for the record that the way the Veterans Administration has handled my husband’s claim has put my husband through some terrible stress and has had a devastating effect on my husband’s health. Consider that just 3 months earlier in Jan 2006 he had a C&P Exam for hypertension which included a exam of his heart, the report for that heart exam states nothing out of the usual for his heart. Most people would conclude his heart was completely healthy, never would they suspect triple vessel CAD. I believe this to be negligent and malpractice.

The cardiologist prescribed my husband several drugs and cardiac rehab, which he is not attending because we can’t afford it. It’s been a month and a half since the surgery and my husband continues to have problems. He now gets easily fatigued, is short of breath after climbing the stairs in the house, his doctor is having a hard time adjusting his medications to get his pulse and blood pressure at the right spot. Lately his blood pressure and heart rate are to low and he tires out real easy. I am real concerned about his anxiety and anger effecting his blood pressure, I am afraid the stress is going to give him a heart attack or a stroke. Because of the dizziness the meds cause him I am afraid to leave him alone at home. I have seen him loose his balance and look like he was going to pass out. I have talked to his doctor about this, and she said his meds need to be adjusted, and until they get it right he will be like this. She also said it was going to take him time to recover from this. The other day he told me to watch him he wasn’t feeling good and I may need to call a ambulance.

Prior to the heart disease entering the picture my husband had been scheduled for spinal fusion of his cervical spine. Dr Friedman was scheduled to do this surgery on May 1st, 2006. I believe the doctor was going to fuse three discs together. My husband has had two doctors tell him he needs to have surgery. He suffers from terrible pain because of the nerves that are being pinched in his neck. It is a terrible thing to see someone you love suffer in pain on a constant basis. He has tried everything from spinal adjustments, to heating pads and traction. I think the VA should get him a hot tub. He is finally getting some pain relief, in an effort to control his blood pressure; his doctor put him on duragesic patches. Pain makes his blood pressure go up. My husband suffers from his neck pain daily.

My husband has a terrible time with his right hand/arm and shoulder. He has been told he has thoracic outlet syndrome, he has been told his cervical problem is causing it, and most recently he was told he had bilateral carpal tunnel syndrome because of a emg test. He had an EMG done previously and I though carpal tunnel had been ruled out. I am not a doctor, so I couldn’t tell you what is wrong, what I can tell you is that my husband has limited use of his right hand. I understand he has been loosing the use for several years and it was documented in his service record. It’s really a shame as my husband has great artistic abilities when it comes to his hands. Had he not lost the use of his hand he would be a world-class wood carver. I have watched him drop tools, I have seen his hand tremble, I have seen him rub his hand because he said it was cramping. I have seen his handwriting degenerate. His heart doctor told him that he could not have the spinal fusion surgery for at least a year, and probably wont allow a carpal tunnel surgery either, I can only imagine how frustrated and depressed he is over this.

Kidney stones, oh my god! I have never seen anything like this in my life. My husband pee’s out kidney stones on a weekly basis. I know my husband has had stones since he was 21 years old, we have been together for three years and because of his kidney stones it seems so much longer. In those three years I have seen him have five or six surgeries and countless emergency room visits because of kidney stones. His pain because of this is terrible; I have seen him in the emergency room banging his head of the wall and screaming because of the pain. He has pain caused by stones and the pain caused by the nerve damage to his kidney.

His hearing is terrible, I think he needs hearing aids, but I also think he doesn’t want them so he doesn’t have to listen to me.

Hip, Knees, and foot. I know my husband has joint problems with his hip, knees and foot. I have seen him struggle to move. His actions remind me of a 90-year-old man with arthritis. I hear his hip, knees and foot pop and crack all the time. More often than not our shopping trips end up with my husband walking off toward the front of the store to sit down and wait for me.

Vertigo, my husband suffers from vertigo. I have witnessed him be confined to bed (and couch) rest because of his vertigo attacks. His Doctor prescribed him Valium for this and between the loss of his balance and the effects of the Valium he was confined to either his bed or the couch. The most severe episode of this resulted in him being incapacitated from February 23rd thru March 11th a period of 16 days.

Hypertension, my husband has hypertension. He takes medication for it and has since March of 2005.

Chronic Prostatitis. My husband complains of burning during urination, groin pain, and prostate pain as he describes as someone sticking something long and sharp up his rectum.

NO JOKES

Before Erectile dysfunction became a problem (when we used to have sex) he would complain of painful ejaculations.

Chronic Pain, in my husbands case I can label chronic pain as the root of all-evil. He cries out at night while asleep, his body will jerk and then he will moan in pain. His depression has been diagnosed as secondary to chronic pain. Chronic pain most certainly affects every area of our lives. My husband has become a recluse. He does not socialize with anyone except my daughter and myself. He rarely talks to his siblings or his son. He rarely leaves the house. He is obsessed with locking everything up. The doors, the garage, the vehicles, everything and anything he can lock up he does. He carries his keys on his belt like a janitor. He says its cause he was a cop and all the stuff he saw people loose. He doesn’t trust anyone, and he thinks most people are crooks or dirt bags as he calls them. Sometimes I think he is just plain old paranoid. He has a closed circuit video surveillance system set up. I am really getting into the area of his depression, but I think his depression and chronic pain are very interwoven.

His depression is scary, I have seen my husband loose his temper and fly into a fit of rage, and then three seconds later breakdown in a uncontrollable crying episode. His moods are ever changing. He and I have talked about suicide. This conversation was when we were just friends. He told me that the chronic pain is a terrible thing to live with and sometimes he just doesn’t want to deal with it any more. I was brought up catholic so I don’t believe in suicide. But I know my husband feels different. He has told me repeatedly if it wasn’t for me he would of killed himself by now. I completely understand what my husband is going through, but I do worry a great deal about his frame of mind. I also know he has nightmares, I know he has seen some death and doesn’t like to talk about it, but I know it sometimes bothers him when he remembers certain things. I believe all of the stress and stuff is the reason my husband lost the jobs he had since retiring from active duty. I personally know that he told both of his bosses off, and was fired for it. He says he can’t stand incompetent people, and isn’t going to take crap from incompetent people. His memory is pretty much non-existent, he will forget something in three seconds, or in a middle of a conversation forget what he was talking about.

But considering the drugs he takes maybe this is not unusual. I know he is attending therapy at the Ann Arbor VAMC but it doesn’t seem to help him much. He has lost interest in his Harley last year and just recently I made him sell it, which is good because I wouldn’t have let him ride it. With the pain medication he takes I wont let him drive as I am afraid he will get in another car accident. He has been in three car accidents in the last year and a half, all were documented with police reports.

I don’t want him hunting either, that’s all I need is him in the woods by himself trying to climb a tree with a weapon. Without a boat he has lost interest in fishing, I wish the VA would properly process his claim so he can on with his life and hopefully recover from his stress. I also wish the VA would get him some hobby stuff.