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Rating Specialist Has Decided My Claim At Amc

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Josephine

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  • HadIt.com Elder

Hi All,

Well, the " Rating Specialist has made their decision on my claim at the AMC, September the 4th and it has been with the " Rating Supervisor" since September 15, waiting for her to sign the form.

Is there anyway that I can get her to put her John Henry on it and give me an answer.

I ask Lidel today and he said that the decision has definitely been made and that no papers have been mailed to me.

Anyone know of anyone to call.

Thanks,

Josephine

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Josephine,

Same with my case: Had the VARO (Waco, TX) gone by the regs up front, I would have had everything I was asking for in the first year, not 4 years later and only by BVA order.

As for personality disorders, these are very clearly defined...I don't know how one can be "not otherwise specified" as the VA sure does like to label us with something specific...in fact, they pretty much HAVE to in order to rate us, or at the very least to assign us some disability code number.

-- John D.

70% TDIU/P&T

Army - RVN - 1969-70 (10th Cav/4th ID, II Corps RVN)

USCG - Galveston, TX - 1976-78 (USCGC Valiant, WMEC 621)

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  • HadIt.com Elder

John,

I am definitely making sure that the BVA and the AMC are aware of this.

My first C&P was:

Anxiety not otherwise Specified with Depression with a " More Likely or Not and mostly likely the origin of my Anxiety.

5 Months later Second C&P:

Axis 1 - Anxiety not Other wise Specified

Axis 11 - Personality Disorder not otherwise Speciifed

Gaf - 40.

R. O. decision: Personality Disorder

There was absolutely no need for the second C&P except to seek a denial.

Thanks a bunch!

Josephine

(Betty)

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  • HadIt.com Elder
If I can win this thing, I do believe that this "Personality Disorder" diagnosis will just about become extinct.

I did email Dr. Gunderson back for more information about this diagnosis.

I told him of all the veterans being discharged under this diagnosis.

He may answer me back and he may not, but he is one of the doctors placing this stuff in the DSM Book for the Psychiatrist to rate us all by.

As he said, a "Personality Disorder not otherwise Specified" does not fit into any Personality Disorder Catergory.

Now, what is he really saying?

danang_1969,

Sure hope that we both hear something soon.

Always,

Josephine

Citation Nr: 0308490

Decision Date: 05/06/03 Archive Date: 05/15/03

http://www.va.gov/vetapp03/Files/0308490.txt

Mental health professionals who have evaluated the veteran

have disagreed as to whether his psychiatric symptoms meet

the criteria for a diagnosis of PTSD. Their conclusions are

set forth below.

In February 1999, S. K. F., Ph. D., a psychologist, reported

that he had examined the veteran and rendered Axis I

diagnoses of depressive disorder and PTSD.

At a VA psychiatric examination in April 1999, the diagnosis

on Axis I was atypical depressive disorder, and the diagnosis

on Axis II was narcissistic personality disorder. The

examiner stated that a diagnosis of PTSD was not warranted.

The veteran was hospitalized at a VA Medical Center in

October 1999 with an admitting diagnosis of major depression.

Psychological testing was suggestive of PTSD symptomatology,

and it was recommended that the veteran be further evaluated.

At a VA psychiatric examination in May 2001, the diagnostic

impressions were, on Axis I, anxiety disorder, not otherwise

specified, and, on Axis II, personality disorder, not

otherwise specified. The examiner commented that the veteran

had some symptoms of PTSD but they did not rise to a full

threshold of PTSD. He stated that a better diagnosis would

be PTSD in partial remission.

At a VA psychiatric examination in June 2001, the diagnoses

on Axis I were: dysthymic disorder; history of major

depressive disorder; and PTSD, chronic. The diagnosis on

Axis II was mixed personality disorder with narcissistic and

borderline traits.

At a VA psychiatric examination in December 2001, the

diagnoses on Axis I were anxiety disorder, not otherwise

specified, depressive disorder, not otherwise specified, and

alcohol abuse. The diagnosis on Axis II was personality

disorder, not otherwise specified. The examiner commented

that the veteran had some PTSD symptomatology which did not

rise to the level of full-blown PTSD.

As noted above, under 38 C.F.R. § 3.304(f) (2002), one

requirement for service connection for PTSD is medical

evidence diagnosing the condition in accordance with

38 C.F.R. § 4.125(a) (2002), which provides that psychiatric

examination diagnoses shall conform to the American

Psychiatric Association's Diagnostic and Statistical Manual

of Mental Disorders 4th edition, 1994 (DSM-IV). In the

veteran's case, a private psychologist and at least one, if

not 2, examining VA psychiatrists have diagnosed PTSD, while

3 examining VA psychiatrists have not diagnosed PTSD. The

Board finds that there is thus an approximate balance of

positive and negative evidence on the issue of whether a

diagnosis of PTSD is appropriate in the veteran's case.

Resolving the doubt on that issue in the veteran's favor, the

Board finds that the requirement for a diagnosis of PTSD has

been met, and the veteran is entitled to service connection

for PTSD. See 38 U.S.C.A. §§ 1110, 1131, 5107 (West 2002);

38 C.F.R. § 3.304(f) (2002).

ORDER

Service connection for PTSD is granted.

Citation Nr: 0605222

Decision Date: 02/23/06 Archive Date: 03/01/06

http://www.va.gov/vetapp06/files2/0605222.txt

On the other hand, medical records reflect in-service

treatment for psychiatric symptoms and the veteran has

currently been diagnosed as having depression. Moreover, a

VA physician (after examining the veteran twice and reviewing

the claims folder) has concluded that the depression had its

onset while the veteran was in the Navy. Some question has

been raised as to whether the veteran had a preexisting

personality disorder which may have led to "mood disturbance

or other psychiatric consequences of stress" (which may, in

theory, include depression). Personality disorders are not

considered diseases for purposes of VA compensation. 38

C.F.R. § 3.303©. Yet service medical records from the

veteran's first period of active duty, as well as his August

1975 entrance examination report are devoid of any

psychiatric complaints or diagnoses (including personality

disorder). While he was subsequently diagnosed as having

immature personality disorder - and indeed was eventually

discharged because of this - there is doubt as to whether

this was associated with his depression (a condition which

was separately noted in service). Resolving this doubt in

the veteran's favor, the Board concludes that service

connection for depression is warranted.

ORDER

Service connection for PTSD is denied.

Service connection for depression is granted.

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

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