Eed Change For Corrected Diagnosis Possible?

[cowgirl]

After much ado, I just got done searching my records, my current VA SOC reasoning and I wonder.

How do I appeal a rating for an earlier EED? Theres more to the story, thanks for listening, not always easy to share.

At military discharge, my exit exam notes show 'recieved mental health treatment for depression, excessive worry, bereavement secondary to loss of husband.

According to the va I was 'later diagnosed as adjustment disorder mixed with emotional features."

VA SOC also discuss's my 'bouts of anxiety, assault, continuous outpatient mental health treatment, inpatient treatment.

Although the issue of 'depression' wasnt initially claimed, I did list the mental issues, such as the bereavement & assault issues as current/ongoing upon discharge. Even so, I had a terrible C&P, didn't appeal, had no real rep, a paper pusher, and I had no clues. Rating given by VA diagnsosis was c/o *psychophysicolgical reaction w/hyperventalation diagnosis, 10% code 9421. (I am guessing my anxiety and asthma coexisted!)

Now, fast forward to 2007, THANK you Hadit family, after a denial in '06 for depression, my recent rating for depression was 'won'. Dates back only few years. The doc's opinion 'unlikely adjustment disorder diagnosis should be given if symptoms lasted beyond 6 months.' ...'many adverse events/losses, such as husbands death, resulted in current diagnosis of recurrent depressive disorder'. ( I don't see where the adjustment disorder diagnosis is unless its same as psychophys reaction w/hyperventalation diagnosis*, see above)

On the VA site, I see adjustment disorders rated with diagnostic code of 9440, not 9421 as above, and alot more likely to be 30%. Of course, I am not a doc, just the veteran with the issue and 'VA' attached label for all these years.

I think I could appeal for corrected diagnosis, corrected rating, but am asking if this makes sense. Any advice, thoughts or comments are welcome.

Humbly yours, cg

Edited January 12, 2008 by cowgirl

[Pete53]

First as many here have ;learned getting an EED is not so easy. In other words it is a big out and out brawl. So you may ought to consider working on your 100% as opposed to the EED.

That said if you think you have a good claim go after it with guns blazing. I am fighting for 14 years right now so I do not want to sound like a hypocrite.

Good Luck as you know Hadit will support you.

[Berta]

Since that was an unappealled decision-you could raise this as a CUE claim- however you would have to prove they erred legally- in the diagnostic code and the diagnostic code caused your rating to be to low-

But - wouldn't the rating code for the newer diagnosis still render the same rating they gave in this older decision?

Mental disorders are usually rated the same way-regardless of what the diagnosis is-

30% for PTSD is same criteria as the 30% for MMD-

100% for schizophrenia is rated the same way as 100% for depression.

You might be able to prove that the 10% -regardless of what they awarded it for- was the wrong rating per the Rating schedule at that time-in regards to the medical evidence you had at that time.

CUEs almost always invole EEDS and retro- there is a lot of info on CUE claims here under the search.

Wednesday night 6:30 EST I am doing a radio show on CUE claims at http://www.stardustent.com/

= the SVR show-

you can access the show and listen to it via your PC and even call in the station to ask questions.

So far I am- it could change to 2 different formats-CUE claims and something else

[cowgirl]

Thanks for your responses Pete and Berta, I'll have to keep thinking on how to best approach this.

My discussion is simply, I have my Dr's letter that seems to correct the earlier incorrect diagnosis given. I believe my original claim response, SOC and C&P didnt consider the specific mh issues that I put on my original claim. The issues are definitely in my SMRs.

The issues are current, in fact, I have a current diagnosis and ongoing treatment at the VA.

My 07 mh rating addresses these issues noting my inservice treatment, data in my SMRs and current VA treatment. It speaks to the original rating and todays rated SC issue. I believe the SOC can be used to 'validate' my request for mh of depression back to the day originally submitted.

The issues I originally submitted for were not addressed on the mh C&P. I was futher depressed by the SOC response that ignored the specific issues I claimed. So, in my ignorance and depression, I did not appeal the orginail 10% mh rating. On a side note, VCAA was not in effect at that time, so I am not sure if VCAA rules backdate to that rated SOC.

Update to now, I can submit an application with medical and other evidence, understanding the VA/VCAA has no duty to assist on the CUE claim unless to in obtaining evidence to support current and retroactive evaluations. So far as I can determine, if I go forward, this would be considered a 'special claim' for revision of a final decision because of allegation of CUE.

What is at the heart of this matter is a correct diagnosis, correct VA disability rating and correct compensation for a SC mh issue originally applied for in 94 that continues to this day.

Any additional thoughts? Thanks so much for listening and sharing, it means the world to me and my family, cg

Since that was an unappealled decision-you could raise this as a CUE claim- however you would have to prove they erred legally- in the diagnostic code and the diagnostic code caused your rating to be to low-

But - wouldn't the rating code for the newer diagnosis still render the same rating they gave in this older decision?

Mental disorders are usually rated the same way-regardless of what the diagnosis is-

30% for PTSD is same criteria as the 30% for MMD-

100% for schizophrenia is rated the same way as 100% for depression.

You might be able to prove that the 10% -regardless of what they awarded it for- was the wrong rating per the Rating schedule at that time-in regards to the medical evidence you had at that time.

CUEs almost always invole EEDS and retro- there is a lot of info on CUE claims here under the search.

Wednesday night 6:30 EST I am doing a radio show on CUE claims at http://www.stardustent.com/

= the SVR show-

you can access the show and listen to it via your PC and even call in the station to ask questions.

So far I am- it could change to 2 different formats-CUE claims and something else

Edited January 12, 2008 by cowgirl

[john999]

Cowgirl

Get your 100% and then go for the CUE and the EED. Once you get the IU or 100% you have the rest of your life to work on the CUE. I got an EED for my IU and the VA just fought this thing like crazy over a few months of retro. I got it but for the most bizzare reason and not the reason I claimed. I tried to get it based on my SSDI date, but VA granted an EED based on a hospitalization. Being hospitalized can be considered an informal claim for benefits. That is probably what got me my original rating of 10%.

[cowgirl]

Thanks John, good advice thinking that way, I've been worried how to approach it all. So taking it one step at time is practical. Increase & tdiu first.I worry so, so many unknowns to me. Feels like there should be a number of courses for the veteran to learn VA speak and laws.

? I have a question, my income has been way, way, below poverty for last few years.

Do you know how the income is 'looked at' for tdiu initial application? Meaning is it averaged into a annual basis for consideration or is every month looked at in detail? Just curious.

So, again, if I take it in small steps, sc increase and tdiu, then like you said, I have time to present for other issues that need SC, CUE & EED. No need to 'jumble' it all up while my increase for sc mdd and tdiu are in process. Again, I dont always think clearly with all this stuff, I do so want to provide healthy support for my family and I. Okay, I just unabashedly announced outloud here at the house, how Thankful I Am For Hadit Freinds and Family!!!! best to ya, cg

Cowgirl

Get your 100% and then go for the CUE and the EED. Once you get the IU or 100% you have the rest of your life to work on the CUE. I got an EED for my IU and the VA just fought this thing like crazy over a few months of retro. I got it but for the most bizzare reason and not the reason I claimed. I tried to get it based on my SSDI date, but VA granted an EED based on a hospitalization. Being hospitalized can be considered an informal claim for benefits. That is probably what got me my original rating of 10%.

[cowgirl]

? I have a question, my income has been way, way, below poverty for last few years.

Do you know how the income is 'looked at' for tdiu initial application? Meaning is it averaged into a annual basis for consideration or is every month looked at in detail? Just curious. Thanks!!

....my small steps and status...

I applied for mh % sc increase and tdiu.

I applied for SSDI again (last time didnt have needed 20 quarter credits, near there now).

(*fyi, I believe my earlier mh diagnosis at 10% rating is incorrect, corrected by current diagnosis and increased SC rating currently at 30%, requested mh ^ % with new IMO statement).

I need to apply for CUE & EED to have correct mh diagnosis SC. (will study BVA cases meanwhile to learn more)