Psych Doc

[babyray]

:D I need a psych doc to give me an IMO for major depression disoder. Could anybody give me some names & numbers? Thx. Chow!!!!

[john999]

I do think Carlie is right that you need new evidence for a reconsideration. Otherwise you are filing an appeal starting with the NOD. Just keep your eye on the clock. One year to file the NOD or you lose the EED. I hope that VSO knows what he is doing. I would keep a close eye on my claim. Reconsiderations are not a magic bullet to a fast new decision.

[carlie]

I filed a reconsideration claim on July 30, 2009. Can I file a NOD also, shouldn't a recon take care of it?

BR,

A request for reconsideration and a NOD are two separate things.

Filing a request for reconsideration does not stop your one year clock

from ticking in regards to filing a NOD.

Yes, you can also file a NOD at the same time

BUT

the way I see it,the request for reconsideration you have filed

will only confuse VBA even more.

As I already posted in this thread, I am in disagreement with your

VSO on filing for reconsideration at this time.

Did you check your EVIDENCE SECTION of the rating decision

to see if all of the medical evidence you have submitted is of

record and if it was weighed into the decision ?

I feel this would be quite important.

Can you scan or post the EVIDENCE SECTION in - without personal information

such as SSA # - real name - address etc...

jmho,

carlie

[carlie]

Carlie,

1. Do you think his Decision is flawed since it doesn't give a rationale for not assigning a higher percentage? How is he supposed to appeal his Decision if they don't tell him why they didn't assign a higher rating?

*************************************************

ts,

Here are some problems as I see them.

"An evaluation of 10 percent is assigned from December 27, 2007. An evaluation of 10 percent is granted whenever there is occupational and social impairment

due to mild or transient symptoms

which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress; or symptoms controlled by continuous medication."

"Your recent VA examination notes

You report panic attacks once a week, associated with shortness of breath and rapid heart rate, precipitated by crossing over bridges , or being in elevators and planes." Also, " take oral medication to help control your symptoms."

"A higher evaluation of 30 percent is not warranted unless there is occasional decrease

in work efficiency and intermittent periods of inability to perform occupational tasks

(although genrally functioning satisfactorily, with routine behavior, self-care,

and conversation normal), due to such symptoms as: depressed mood, anxiety

suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).

In my opinion the decision maker has:

1) Granted service connection -- YEA -- this is great.

2) Made a poor decision on the percentage of disability granted

because (in my opinion) the decision maker zero'd in on the panic disorder statement.

Apparently BR limited his exacerbation of panic attacks by indicating at the examination

that the panic attacks were,

"precipitated by crossing over bridges , or being in elevators and planes". To me this reads as due to mild or transient symptoms.

3) Made a poor decision on the percentage of disability granted

because (in my opinion) the decision maker has concluded that medication

resolves BR symptoms.

"An evaluation of 10 percent is granted whenever there is occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress; or symptoms controlled by continuous medication."

I am interested in knowing if the medical evidence from all mental health professionals,

is listed in the EVIDENCE SECTION.

2. Is a Reconsideration used ONLY when there's a CUE involved in the Decision? Do you know where in the M21-1MR it covers Reconsiderations at the VARO level?

No - reconsideration does not even necessarily mean (at all) that there is a

C&UE involved in the decision.

A request for reconsideration in M21-1MR at the VARO level is as muddy

as the Mississippi !

If this were my claim I would be living in my VBM - lol.

jmho,

carlie

Edited August 11, 2009 by carlie
more input

[WHOLESALE]

BR, here are a few court cites....

The list of symptoms under the rating criteria are meant to be examples

of symptoms that would warrant the evaluation, but are not meant to be EXHAUSTIVE, and the rating board need not find all or even some of the symptoms to award a specific

evaluation. Mauerhan v. Principi, 16 vet app 436, 442-3

Ultimately, in this case the Courts upheld the Board's decision noting that the Board had considered all the Veteran's psychiatric symptoms, whether listed in the rating criteria or not, and had assigned a rating based on the level of occupational and social impairment. Mauerhan v. Principi, at 444.

Applying this analysis to your psych exam rating, it follows that you should be entitled to a higher rating if your condition causes a certain degree of occupational and social impairment, regardless of whether you had some, all, or none of the symptoms listed in the rating formula. In your case the examiner indicated you are deficient in most areas which is indicative of a much higher rating, 70% to be exact.

frank

[tssnave]

Carlie,

Thanks for the analysis - I had the same thoughts about his medication, even though the C&P examiner states that they don't work that well.

I hadn't thought about the panic attacks but depending on where he lives, crossing a bridge could happen more than once a week.

What really gripes me for BR is that so far as I can tell from what he's posted, the Decision has not clearly outlined what it is the rater was thinking to low ball the claim which puts him behind the 8 ball in preparing his NOD.

At least the VA, in my case, stated "does not affect your ability to function independently" which I could rebut with the C&P exam which clearly showed my sc pb does affect my ability to function independently but in BabyRay's case, I'm stumped.

Thanks again,

TS

[tssnave]

Frank,

I agree - I saw the same 70% you did in the C&P exam with a clear inferred claim for IU since he is unable to work.

When I was working my claim a couple of years ago, based on advice I got from Berta on hadit, I talked to a NVLYSP attorney on the phone and he suggested I cite Mauerhan in my NOD, which I did. I think it's important to cite the court cases to let the VA know you understand an appeal is ultimately a legal proceeding and you grasp that they are supposed to follow their own regulations and law. It annoyed me to no end to have to cite the M21-1MR to the VA on my appeal - that is THEIR manual and they should apply it correctly using the Doctrine of Reasonable Doubt. But I digress.........

Based on what the Decision states, what else do you think he needs to address in his NOD?

It seems to me that the evidence was there, just not interpreted in the vets best interest. The M21-1MR states the highest rating allowed based on the evidence should be assigned and I think they missed the boat on this one.

Thanks,

TS