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 

[Berta]

You send the Reconsideration Request to the same RO that sent you the decision

"4.129 -- Mental disorders due to traumatic stress:

4.129 Mental disorders due to traumatic stress.

"When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155)

[53 FR 23, Jan. 4, 1988, as amended at 61 FR 52700, Oct. 8, 1996]

Supplement Highlights reference: 19(1)"

I interpet this as when a service person is diagnosed inservice with a severe mental disorder directly due to service event-and the veteran files a claim within one year after discharge for that mental disorder- then the minimum rating will be 50%.

I feel that the fact of TBI is causing the VA to consider TBI as a physical disability with emptional impact in some cases but the reality is that many TBIs are directly from events that would be considered stressful.

Say a vet got TBI from a severe explosion in Iraq, an explosion that also caused death of some fellow unit members-

to me this vet would have basis for a diagnosis and claim for PTSD as well as basis for claim of TBI residuals.

Paul -if you filed a claim within the first year after discharge on the same basis you stated in your post and was denied, you could raise that issue too- but I suggest make that a separate letter to the VA.

SOmeone suggested here to put a CUE claim in a NOD-

and seemed perturbed that I questioned this-

Why confuse and confound the VA - keep the issues separate because the VA will have to.

I read a BVA decision the other day where the vet had filed NOD and included a CUE claim on something else.

The only thing the BVA had juridiction over was the NOD-

but somehow determined that the CUE raised in the NOD had no merit.

This vet probably never expanded on the CUE claim at the RO level.

My point is to keep each issue separate.

You could put these letters in the same mail packet but

the VA more than likely will open a new file folder for each issue.

Your main issue is TDIU at this point.

I have had to correspond with VA many times- to get them to define my issues the way I had filed them.

The VSM even at one point called in my former POA rep at the RO offices to help define them.(2006)

he was stunned- and totally unaware of my claims,except for the AO claim he buggered up in 2005.

The rep locally here in Bath NY had never sent them in with a 4138.

Luckily I had sent them to both the RO and the Rep locally.

I think the VSM did all this so no one would actually have to read the claims.

If the RO would have read them-there would have been no need for the VSM to clarify them.They were all separate issues.

One of my issues was still screwed up-as of last October-I still have received no legal VCAA letter on the first claim I filed in 2003 and got a legal VCAA letter on something else-a later claim claim ,that a proper decision on the initial AO 2003 claim would render moot.

One statement they made in the legal VCAA letter - I rebutted by saying it was "ridiculous" and told them why.

With my last claims at this VARO I would have never succeeded at all if I had not called them on every single error they made.

My point here is to keep your claims separate and then hope that the VA will too.

I used the sole legal VCAA letter I got a few months ago to support the claim they never sent one on-

that is when the claims actually seemed to start to be worked on-

at least they have moved numerous times ever since-

between 2 DROs.

The VA will confound an issue themselves if they can- so why help them-I say keep your NOD TDIU issue separate from anything else.

Edited March 25, 2008 by Berta

[Paul Allison]

Thank you for the advice.

The Request for Reconsideration went into the mail (certified with return receipt) earlier today. I countered every point I found false or inaccurate. I also stressed my age (31), the impact that the constant voiding (Diabetes Insipidus) has on my quality of life, and their rater's own statements regarding my inability to work (along with select quotations from other doctors).

I am hoping the rater will look at my file, my current rating, and this letter, 

and bump 

my rating such that I am 100% scheduled. I might be naive in that hope... However, If it does not pan out, then I will file the NOD within the 1-year mark.  

If I am awarded the 100% scheduled rating, then I am not going to bother with seeking backpay. The time and hassle are not worth it to me.

What sort of experience have you had regarding the length of time it takes for a 

response and decision regarding the Request for Reconsideration? I have read on this forum that it generally does not take as long as a NOD.

Again, thank you (everyone) for the advice and guidance. This has been a multi-year process for me given that I tend to have to work in intense spurts.

Paul

[donews]

With the VA, the only thing that is consistant is that the VA is not.

Good luck on your claim, I hope it comes through quick and what you asked for.

But no matter how it comes out, keep fighting until you get what you think your due.