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New Claim Due To Cognitive Impairment

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Rockhound

Question

Due to new findings by way of a Neuropsychological test, that show minor to severe impairment to cognitive functioning, I am considering submiting a claim as a result of a head injury that resulted in a nasal bone fracture and minor cerebral concussion.

The nasal bone fracture was SC'd but the minor cerebral concussion was not and has been denied each time the claim has been renewed. Now however, I feel I have enough medical evidence and supporting history, to show that the cerebral concussion not only caused problems associated with cognitive impairment, but that it was as likely as not the cause of the personality disorder that the VA used to deny my claims of a psychiatric condition I had during service and the cause of the adjustment disorder and mood disorder I have suffered since then as well.

I currently have and adjustment disorder with depression and anxiety that is an Axis one diagnosis but is looked upon by the VA as NSC for pension purposes. I believe the evidence now supports that these conditions were directly and/or indirectly caused by the cerebral consussion I had while in the service and the neuropsychological tests bear this out.

I need some help in how to present this claim, so that the Axis I diagnosises and the cognitive impairments are covered. Any help is apprecitated and if you have additional questions, I will indever to answer them to the best of my limited abilities.

Thank you,

Rockhound Rider :D

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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Rockhound-I think all you need to do is in paragraph one-is take out the word "considering" and then add after concussion-

and the cerebral concussion not only caused problems associated with cognitive impairment, but that it was as likely as not the cause of past diagnoses of personality disorder, adjustment disorder and mood disorder by the VA.

(then add)

"I currently have an adjustment disorder with depression and anxiety that is an Axis one diagnosis but is looked upon by the VA as NSC for pension purposes. I believe the evidence now supports that these conditions were directly and/or indirectly caused by the cerebral consussion I had while in the service and the neuropsychological tests bear this out."

I hope others chime in here-

but basically I think you stated it pretty well.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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It is going to be difficult to get the VA Dr/Psychiatrists to connect the dots in a nice little row, since I have two statements written into my medical records by a psychiatrists and one by a Psychologist/Phd

1. Axis one diagnosed Adjustment disorder with major chronic depression and anxiety, supported by findings by Physical/Medical board that stated that I moderately impaired to social and industrial adaptability and that the condition may be permenent. Social and industrial adaptability history bears this out with the current diagnosis.

2. Second Psychiatrist made it clear that they saw no diagnosable personality disorder as discribed in the DSM IV, which is backed by the MMPI I took while in the service and not diagnosed until after service by a C&P Examiner, Plus it was never supported since then. A more recent MMPI backed up similiar findings with no personality disorder noted.

3. Psychological testing indicates that the personality disorder diagnosed by the C&P examiner was probably due to the brain trauma and that the depression disorder was caused by the same truama.

This is born out by service and medical records that showed the inception of these problems occured only after the head injury and both personal and medical history since that time also bears this out.

The best that I can show without an IMO that ties all this together would be, a at least as likely as not senario. Although I personally believe their is more positive evidence in support as their is negative, but my opinion means very little to the VA.

Since I already have a Axis I diagnosis of an adjustment disorder with depression and anxiety, I'm wondering if I shouldn't try to SC this using the brain injury and cognitive impairment as the contributing factor?

Rockhound Rider B)

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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Rockhound,

I agree w/ Carlie - you need a good IMO to connect the dots.

I had a good C&P exam where the examiner stated I was 100% and the VA still rated me 50%. It wasn't until I got the IMO that they finally rated my claim properly. I would not go at this, especially with a pd in the mix (even one that's been refuted), without a very good IMO from a shrink who knows how to write disability claims.

Contact SS lawyers from the phone book and ask for a disability shrink referral. It may be expensive but in the long run it will pay for itself.

FTR, I am only quoting advice I got on hadit when I was working my claim and it worked - I am 100% P&T.

Good luck and keep us posted on the outcome,

TS Snave

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