ptsd Newly Diagnosed

[Guest fedupinpa]

I have been getting the Va run around for years, I filed a PTSD claim in 2002 and was denied, went through all steps, NOD, etc, end result denial and diagnosed with other diagnoses like anxiety disorder etc. I was Diagnosed with PTSD from civilian psychiatrist, was medicated and counselled.

Had another exam in 2005 and again in 2006 and once again they danced around it and called it anxiety, etc.

Anyway on 6/29/2010

I had an exam and here was the result

Axis I: Post Traumatic Stress Disorder, Obsessive-Compulsive Disorder, Major Depressive Disorder, Recurrent, Moderate.

Axis II: No Diagnosis

Axis III: Various listed, I am only concerned with current right now

Axis IV: Relationship issues with family and supervisor at work, extreme discomfort interacting with other individuals, and ongoing poor quality of sleep that impacts her day to day functioning.

Axis V: GAF 51

Goes on explaining that GAF was determined diagnoses of PTSD alone, her diagnosis of Obsessive-Compulsive Disorder alone, her diagnosis of Major Depressive Disorder alone or all three in any combination. Goes on to state that he believes that all three diagnoses are the direct result of her military service in Iraq.

The entire exam is 7 pages long and he disects the other two exams through out the narrative implying through out that it should have been diagnosed as PTSD, he also stated during the exam that it should have been done a long time ago.

So my questions are:

What percentage could I possibly be looking at?

Should it be back dated to 2002 when I filed for the original claim? How will the date of the decision be determined?

Since a VA Psych finally diagnosed it in a comp and pension exam am I guarenteed a rating?

I thank you in advance for your time and help here. Great site.

[carlie]

So my questions are:

What percentage could I possibly be looking at?

Should it be back dated to 2002 when I filed for the original claim? How will the date of the decision be determined?

Since a VA Psych finally diagnosed it in a comp and pension exam am I guarenteed a rating?

1) The schedule of rating disabilities for mental health are provided at the following levels:

SC'd at zero percent, 10 %, 30%, 50%, 70%, 100%.

2) By what you have posted I see that there were some years you did not continue to prosecute

the claim. I doubt you would be able to get retro-active compensation payments back to 2002, unless

there was a CUE made on the initial Rating Decision for your mental health issue and you are able to

file and prevail on a claim for such.

The effective date should be determined by the date the latest claim was made for MH service connection,

or the date

that VBA considers of the submission of New & Material evidence to re-open your claim issue for MH.

38 CFR 3.156 - may hold the possibility of an effective date within 12 months of that due to medical evidence of record.

Here is a link to it :

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.156.pdf

38 CFR 3.157 may hold the possibility of an earlier effective date due to 38 CFR 3.157.

Here is a link to it.

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.157.pdf

3) No, just because "a VA Psych finally diagnosed it in a comp and pension exam" does not guarantee a rating.

There are more factors involved than that.

jmho.

[carlie]

When I called the other day a guy on the va phone told me that I have a suspense date of 9/7/10, he said that I should have a decision by then. Should I count on this, he says it looks like they have everything they need. They should it has been with them a while and I have been to two comp exams since this claim.

The VA 800 number is not set up to be able to provide accurate tracking of claims issues.

Suspense dates can be changed by the VBA.

Yes, someone at VBA can tell you they have everything that they need - but they do not necessarily

have the authority to ensure this is true.

jmho

[Guest fedupinpa]

I was initially diagnosed in 2002 by a civilian psych doc with ptsd, the va decided that it was anxiety, depressive disorder, ocd. From what I understand they do this alot when the proper diagnosis should be ptsd.

The Va psych doc that did my comp and pension stated that it is ptsd and that it is directly related to Iraq. I would think if he made that nexus that would be enough wouldn't it. My exam was this past July. I have received Va health care for psych disorders since 2002, and have received medication from them for it.

I would hope that they would finally see the truth here and do what is right. I ended up getting out of the military because of this issue.

[carlie]

The Va psych doc that did my comp and pension stated that it is ptsd and that it is directly related to Iraq. I would think if he made that nexus that would be enough wouldn't it.

My exam was this past July. I have received Va health care for psych disorders since 2002, and have received medication from them for it.

I ended up getting out of the military because of this issue.

fedup,

What veterans have spent years dealing with is VA psych doctors doing C&P exams and stating the veteran has PTSD and it is directly related to XXX.

The VBA denies the claim stating to the vet that although you are diagnosed with PTSD there is nothing shown in your c-file to support that they were,

engaged in combat ... in RVN... had any personal assault ... etc. There is no recard of award for a CAR, CIB, etc.

The decision stating denial, would be riddled with things like, although Dr. XXX states you currently have PTSD - Dr. XXX statement of your PTSD

being directly to XXX, is merely speculation as the Dr. was not there with you and is making this statement due to "History".

Veterans are in hopes this new criteria will be more advantageous to VBA claims for PTSD.

Also, you posted, " I ended up getting out of the military because of this issue."

If the issue is PTSD - did the VBA grant 50 % SC for PTSD as soon as you were discharged

or retro you 50 % SC, back to the day following separation ?

jmho

[vetinpa]

If the VA doc (psych. doc) during a comp exam states that the veterans issues are directly related, how would this get passed the board of appeals? Even if they would deny it at local level, you would think the bva would look at reasonable doubt and the diagnosis and reports state that they feel it is directly related, they would almost have to be granted right?

[carlie]

If the VA doc (psych. doc) during a comp exam states that the veterans issues are directly related, how would this get passed the board of appeals? Even if they would deny it at local level, you would think the bva would look at reasonable doubt and the diagnosis and reports state that they feel it is directly related, they would almost have to be granted right?

You posted,

"I was initially diagnosed in 2002 by a civilian psych doc with ptsd, the va decided that it was anxiety, depressive disorder, ocd. From what I understand they do this alot when the proper diagnosis should be ptsd.

Question :

Did this civilian psych review your SMR/STR ? Did this civilian that diagnosed you with PTSD provide a nexus to active duty ?

You posted,

"The Va psych doc that did my comp and pension stated that it is ptsd and that it is directly related to Iraq. I would think if he made that nexus that would be enough wouldn't it."

Answer :

"stated that it is ptsd and that it is directly related to Iraq - is not a nexus - - related to WHAT in Iraq would be a nexus.

Some stressor regs just changed July 13, 2010 - that should help you some.

FYI- VA changes suspense dates all the time.