Need Help On My Nod & Question On Global Assessment

[jecsb4]

Hi All,

I got my decison a few weeks ago & the VA gave me a total of 10% for left foot, 10% right foot and 10% for my right wrist. VA denied my depression and migraines. (Feet - flatfeet & hammertoes, Wrist - severd ligament).

I plan on filing a NOD. On my mental eval, a psychologist not a MD gave me the evaluation. They claim that since the death of my son, which occured while I was not on active duty was the cause of my depression! I said that my two call ups (reserves) was the main factor.

Anyway, my copy of the C&P exam says I have a "global assessment of functioning of 60 because he reported moderate depressive symptomatology." What does than mean? They said the "Service connection for depressive disorder, not othervise specified is denied." Does this mean they found a different mental condition??

Also says "his mood was dysphoric with a congruent affect" Basically they denied the claim beacuse I didn't bring up the issue of depression on my demobilization physical, even though I have a civilian doctors note saying he prescribes med for this depression and migraines.

Concerning the migraines, the neurologist says "the patients history is compatable w/ migraine headaches with frequency and severity as noted above. The medical documentation is mixed with one of dubious origin....his medical exam suggests psychogenic features." Can you believe this crap.

Concerning my wrist (severed ligament repared resulting in pain and limited mobility) they said poor effort as opposed to giveaway suspected!! That is probally whay theygave me only 10%

My claim was procressed by the "Tiger Team" in Cleaveland because it was 2 years old.

How long will a appeal generally take and can the VA reduce my 30%C&P to spite me?

Thanks, Joe.

[Berta]

"How long will a appeal generally take and can the VA reduce my 30%C&P to spite me"

Many many months to years- unless you can fight back with a lot of evidence right away-

no-I dont think they really do stuff for spite-they are to busy figuring out how to 'lose' stuff and make retro errors to save money.

NOD anything at all that you disagree with as to the DC, the rating %, and the denial-

"Service connection for depressive disorder, not othervise specified is denied"

Do you have a clear nexus in your SMRs or through private docs or buddy statements that support this as Service connectable? Documented inservice stressor etc???

Edited April 4, 2006 by Berta

[jecsb4]

"How long will a appeal generally take and can the VA reduce my 30%C&P to spite me"

Many many months to years- unless you can fight back with a lot of evidence right away-

no-I dont think they really do stuff for spite-they are to busy figuring out how to 'lose' stuff and make retro errors to save money.

NOD anything at all that you disagree with as to the DC, the rating %, and the denial-

"Service connection for depressive disorder, not othervise specified is denied"

Do you have a clear nexus in your SMRs or through private docs or buddy statements that support this as Service connectable? Documented inservice stressor etc???

Berta,

All I would have is the fact that I was mobilized twice in two years for Operation Enduring Freedon (stateside duty) and can only show that I was treated for depression & migraines before and that my mob effect my job, family, etc.

What does "the global assessment of functioning of 60 because he reported moderate depressive symptomatology" mean?

Also what does this mean, ""Service connection for depressive disorder, not othervise specified is denied." Does this mean they found a different mental condition??

Thanks, Joe

[Berta]

"Anyway, my copy of the C&P exam says I have a "global assessment of functioning of 60 because he reported moderate depressive symptomatology." What does than mean? They said the "Service connection for depressive disorder, not othervise specified is denied." Does this mean they found a different mental condition??"

I would have to answer no-based on this- others might disagree.

They are saying you have ,per the GAF, a moderate depression.

They are stating that it is not due to service.

You will need evidence from service, from Unit web sites ,or from buddy statements, etc that support the stressor you gave and that your MOS put you there at that time and that stressor or event caused the depression if it was not mentioned or treated in your SMRs.

[Alex]

Add to what Berta said about researching unit records, but the first thing you need to do is either tie that depressive disorder NOS to service (which will be hard) or convert it to one for PTSD from a psychiatrist in private practice.

Alex

[jecsb4]

Add to what Berta said about researching unit records, but the first thing you need to do is either tie that depressive disorder NOS to service (which will be hard) or convert it to one for PTSD from a psychiatrist in private practice.

Alex

THanks for your comments:

I guess what I am trying to say is that I suffered from depression before I was mobilized, but then once I was called up, my depression got worse. I don't have a specific trigger (I am a non-combat vet) that made this happen, only that the additional stress that this placed on me, away from mhy fgamily, and my civilian job issues that resulted from my active duty contributed to the depression.

Am I wasting my time?

THanks, Joe.