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ptsd Bva After Action Report
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Question
AnonyMousVet
I got the decison from BVA on 28 SEP 2008, still no money as of 21 OCT 2008
Well, it is finally over. After 78 months, the BVA has made its final decision. I look forward to your comments.
"Service connetion for major depressive disorder is granted, subject to the law and regultations governing the payment of monetary benefits.
Service connection for hepatitis C is granted, subject to the law and regultations governing the payment of monetary benefits.
An initial disability rating of 50% for PTSD is granted from April 16, 2002, subject to the law and regultations governing the payment of monetary benefits.
I was rated 30% PTSD in August 2003 on top of 40% for loss of left leg. for a combined total of 60%."
Quoted from the BVA decision.
"As above, the veteran contends that service connection for anxiety/depression is warranted secondary to his service-connected left below-the-knee anputation. The veteran was afforded a VA psychiatric examination in February 2008. The examiner diagnosed the veteran with PTSD and major depression disorder.
To a certain degree, the symptoms of major depressive disorder overlap with PTSD - in particular, depression, anxiety and lability. When, as here, it is impossible to separate the effects of a service-connected disabilty and a non-service connected disability, reasonable doubt must be resolved in the veteran's favor and the symptoms in question attributed to the service-connected disabilty. See Mittleider v. West, 11 Vet. App. 181, 182 (1998)
In view of the foregoing, the Board finds that the symptoms of the veteran's major depressive disorder cannot be dissociated from the veteran's already service-connected PTSD. Thus, resolving in the veteran's favor service connection for major depressive disorder is granted. 38 U.S.C.A 5107(:P"
In reading of some of the Court of Veteran's Appeals, I have drawn the conclusion that the RO will now have to factor in the effects of MDD into the PTSD. This probably means another round of appeals, CVA, etc etc, so forth so on and ever more Amen.
However the previous remand of BVA to RO stated:
"With regard to the claim of service connection for anxiety
and depression, to include as secondary to the service-
connected amputation, the Board finds that the record needs
to be clarified before a determination can be made on that
claim. The initial grant of service connection appears to
relate the PTSD to the traumatic incident in service which
resulted in the amputation. The veteran's additional service
connection claim for anxiety and depression includes his
contention that those complaints are related to the service-
connected amputation. Anxiety and depression are typically
evaluated as symptoms of PTSD. As part of the examination
conducted on remand to determine the current severity of the
service-connected PTSD, the examiner should be asked to
indicate whether any anxiety or depression currently
diagnosed is associated with the service-connected PTSD. If
so, the RO should consider all symptoms when rating the
service-connected PTSD and determine whether a separate
rating is warranted. Mittleider v. West, 11 Vet. App. 181
(1998)."
According to the above, it looks like the BVA says a separate rating is warranted for MDD. Pyramiding says no. Other cases says to factor it into PTSD. Still haven't got paid!
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