tdiu Dysthymic Disorder And Other Questions

[Paul Allison]

I've been a long-time lurker on this site. Thank you all for your wonderful service to disabled veterans.

I recently received a decision on my claim for service-connected compensation. My old rating was 20%. My new rating is 90%. I feel fortunate (though it is deserved) given the experiences of many of the veterans and their struggle with the Va.

But there are inaccuracies within the decision letter. So, I'm hoping that several of you will offer me some guidance on how to proceed.

1) I was rated 50% for Dysthymic Disorder. What is needed to be rated 100%?

2) I disagree with the examination from VA Medical Center XXX, 2008, which showed that I denied current suicidal ideation or any past attempts. I did NOT deny current suicidal ideation. I did deny homicidal ideation. At the time of the examination, I DID have suicidal ideation and stated as much to the examiner. Suicidal ideation is corroborated by the results of the MMPI-2. Further, I did NOT report having five friends. I reported having less than five friends. There is also documentation supporting deficiencies in work, family relations, thinking and mood.

This is important because my medical evidence (i.e., letter from medical doctor, letter from psych

iatrist, letter from psychologist, and MMPI-2 results) support (at minimum) a 70% rating.

How do I get this corrected within my record? Can this be accomplished within the NOD?   

4) What are comorbid or secondary conditions that I should be exploring given the Dysthymic Disorder?

5) I disagree with the examination from VA Medical Center XXX, 2008, which showed that I am currently employed part-time with XXX. I am NOT (nor was I at the time of the examination) employed by XXX. My last month with XXX was XXX, as indicated in my federal tax records. This is an error that must be amended in my C-file. I am unemployed and have been unemployed since XXX.

This is important because I filed for individual unemployability. It was denied. However, the decision letter states, "It is the examiner's opinion that you are not a candidate to work because of your service connected disabilities." It is also supported by an evaluation of 50% for Migraine Headaches, 

which indicates "very frequent, completely prostrating, and prolonged attacks productive 

of severe economic inadaptability", and a letter from my medical doctor indicating life-long difficulties regarding acquiring and maintaining a job.  

How do I get this corrected within my record? Can this be accomplished in the NOD?

If you've made it this far, thank you.

Paul 

[john999]

Get an independent medical opinion from a board certified psychiatrist and ask for reconsideration on the TDIU. Don't forget you must file the NOD within one year of the decision. If time gets short on the reconsideration request being acted on file the NOD and start that appeals process. The reconsideration route may be quicker. The best way to correct a medical report is with another medical report from a guy with more credentials. You were probably examined by a resident doctor at the VA.

They won't listen to you as a veteran even when the mistakes are gross.

[Guest jangrin]

Paul, welcome to Hadit. Many of our members have started by lurking for a time before joining Hadit.(myself included)

You did not say whether or not you have filed for SSDI. If your are 90% according to VA math, then you are more than likely 100% disabled in the real world. I would recommend that you file for your SSDI, as once that is approved it will be much easier to qualify for IU.

In most cases the SS Administration can process your application and award the SSDI in a few months. There is a 6 month mandatory offset before someone in eligible to start drawing the SSDI monthly benefit. You did not mention how long you have been unable to work. You may already have met the 6 month waiting period. It is much easier to get the TDIU from VA once you are officially considered 100% disabled by Social Security.

Jangrin

Edited March 23, 2008 by jangrin

[Guest Vietnam Tanker]

I agree, you should file for SSDI as soon as possible. Also listen to the people here on the site they will steer you in the right direction. I would guess that Berta will soon post a reply to your TDIU, she is very knowledgeable on the subject.

[Pete53]

Are you able to work? That is the major question. If you cannot work you should get 100% either by schedule or by TDIU.

At this point I feel that John999 gave you good advice to get an Independent Medical Opinion.

Good Luck and thanks for posting.

[donews]

Yes, welcome to Hadit.

And for my two cents worth, I would agree with getting an IMO. Having a docotor with credentials is the best ammunition in a situation where you believe their examiner errored.

Also is a good ideal to go ahead and apply for the SSDI. A lot of vets use the SSDI determination to help get TDIU.

Good luck!

[cowgirl]

John, I may have had 2many jellybeans, but do you think asking for reconsideration first then getting the IMO very soon after would be a better order? My thoughts got to keep that paperwork 'chain' going to achieve fair results.

Hello Paul, we are supporting you and yes lurking is part of the process until we are comfortable discussing where we are in the VA compensation process. My only question, were the examinations you discussed "compensation exams" or regular clinical appointments? If they were clinical visits, then there is more to the picture if your C&P exams say different. If they were compensation exams, then you can get a copy of the exam itself. I have found the SOC usually reads a 'summarization' of what the examiner wrote in more detail. And with that statement about 'not being a candidate to work....' I too sure wonder exactly why they denied you.wow.

the best to ya, cg

Get an independent medical opinion from a board certified psychiatrist and ask for reconsideration on the TDIU. Don't forget you must file the NOD within one year of the decision. If time gets short on the reconsideration request being acted on file the NOD and start that appeals process. The reconsideration route may be quicker. The best way to correct a medical report is with another medical report from a guy with more credentials. You were probably examined by a resident doctor at the VA.

They won't listen to you as a veteran even when the mistakes are gross.

Edited March 24, 2008 by cowgirl