tdiu Dro Denied Diagnosis Changed A Week Later

[TracyK]

Posted Today, 09:40 PM

I think I posted this in the wrong place (SORRY!) so I am re-posting it here :)

Hi All,

I'm a newbie that was sent here by my brother-in-law. He received a tremendous amount of help from Berta on his TDIU claim and was eventually successul - so on his behalf I thank all of you for helping him and hope you can now help me.

I am currently 60% SC. October 2008 applied for TDIU. Initially upfront denied because I did not meet schedular requirements of either 70% SC or one SC rating of 40% or higher. (I am 30%, 30% and 10%) I appealed to DRO, she ordered new C&P's. I have been receiving treatment through the VA for the last 2 years for my 30% SC Depression rating. Having not had a C&P for the last 20+ years, the DRO thought it likely that a new C&P would show that the condition had worsened. She wanted to address meeting the schedular requirements within the same appeal for TDIU.

What I found out at the C&P was that my psychiatrist had neglected to properly annotate my file with the severity of my condition. I pleaded with the reviewer to hear me and to accurately document my condition. He listened and I thought it went in my favor.

Last Friday I got the denial and was shocked! No increase and up front denial of TDIU for not meeting schedular requirements. I immediately appealed to BVA.

Today I met with a new psychiatrist and he has determined that I have been misdiagnosed all this time and that I actually have bipolar disorder.

What is the best thing for me to do now? I appreciate any help you can give me!

TracyK

[Pete53]

Inform the VA immediately that you were misdiagnosed and it is best to have the Doc write it out or have it in your progress notes. Even better if Doc would link it to your service.

Good Luck

[halos2]

Glad the folks here were able to help your in-law. Now for you do you use a VSO? Have them as well as you send in the proper diagnosis made by the psych dr. Did you receive your own copy of the C&P? If not, get one. You always need to go to ROI(formally medically records) and get copies of EVERYTHING i your records, ALL labs, tests, treatments, dr notes, referrals, ALL OF THEM. Read over these and highlight specific area related to what your claims are related to. Leave it, and go back and reread to see if you missed anything. I assume you have all you military records, the kit and caboodle of them all, if not get them.

If these steps of getting the dr to write the correct diagnosisand send it in does not prevail at this step appeal, appeal all the way.

Why didn't you request a personal hearing with the DRO? Could have had it with transcripts too.

Edited July 31, 2010 by halos2

[john999]

Remember, it is not the DX that will get you a higher rating but the level of disability you have now. I was DX'ed with depression, bi-polar, schizophrenia. It does not matter what name they call it. What matters is do your symptoms match at least a 50% level of disability for a mental disorder other than PTSD. I would try and get an IMO and then ask for a personal hearing before shipping this claim off to the BVA where you will be waiting for 2-3 years. If you are unemployable that is a long time to wait for a check. What you will probably get from the BVA is a remand. That will probably add another year to the 3 years you waited.

[TracyK]

Glad the folks here were able to help your in-law. Now for you do you use a VSO? Have them as well as you send in the proper diagnosis made by the psych dr. Did you receive your own copy of the C&P? If not, get one. You always need to go to ROI(formally medically records) and get copies of EVERYTHING i your records, ALL labs, tests, treatments, dr notes, referrals, ALL OF THEM. Read over these and highlight specific area related to what your claims are related to. Leave it, and go back and reread to see if you missed anything. I assume you have all you military records, the kit and caboodle of them all, if not get them.

If these steps of getting the dr to write the correct diagnosisand send it in does not prevail at this step appeal, appeal all the way.

Why didn't you request a personal hearing with the DRO? Could have had it with transcripts too.

Sorry, I actually did have a personal hearing with the DRO -thank you all so much for all this wonderful help!

[TracyK]

Remember, it is not the DX that will get you a higher rating but the level of disability you have now. I was DX'ed with depression, bi-polar, schizophrenia. It does not matter what name they call it. What matters is do your symptoms match at least a 50% level of disability for a mental disorder other than PTSD. I would try and get an IMO and then ask for a personal hearing before shipping this claim off to the BVA where you will be waiting for 2-3 years. If you are unemployable that is a long time to wait for a check. What you will probably get from the BVA is a remand. That will probably add another year to the 3 years you waited.

Can you tell me where I an get the info about rating levels for mental health dx?

[TracyK]

Inform the VA immediately that you were misdiagnosed and it is best to have the Doc write it out or have it in your progress notes. Even better if Doc would link it to your service.

Good Luck

I'm going to get a copy of his notes from yesterday. Question, is it necessary to get him to link it if the previous diagnosis was already linked?