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Stressor Conceded

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68mustang

Question

I received a copy of my c-file the other day. I found a copy of a VA form 21-6789 that has a JSRRC review that was done on my stressors. The review states that my stressor is conceded. The only stressor that was conceded was the stressor for the hazing I had while aboard ship, which amounted to MST.

The JSRRC review has noted on it as to what the examiner should do:

"Please ask examiner:

Please exam for PTSD. The stressor is conceded based on veteran being involved in a hazing incident that happened aboard the ship".

I had two separate C&P exams administered by different examiners one for PTSD and one for depression

The C&P examiner's report for PTSD states that "Does the veteran meet the DSM-IV stressor criterion? No"

"Does the veteran meet the DSM-IV criteria for a diagnosis for PTSD? No"

The PTSD C&P examiners report also states in the medical opinion that:

"Rationale for opinion given vet does not qualify for diagnosis of PTSD; he does have a depressed mood though but it is hard to determine whether depression is due to stressors cited while in the Navy; I cannot determine exact cause of depression without resorting to speculation".

I did get rated at 10% for depression by the C&P depression examiner and the examiner's opinion was that it was for depression secondary to tinnitus, hearing loss, in-service hazing and traumatic assaults that I experienced. The C&P exam for PTSD does not address the MST and the separate exam for depression refers to the MST as traumatic assaults. I would like to see if I can get it rated higher if I don't meet the criteria for PTSD.

The copy of the VA form 21-6789 with the JSRRC review does not show up in the evidence used listing. Plus the rater stated the GAF that was assigned by both examiners was a "65", but in realty it was a"60" on both. Don't know if the above mentioned items make a difference.Can anyone please offer some advice on what I can do when I file an NOD on this. Thanks.

68mustang

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  • HadIt.com Elder

Your situation is the one we have worried about with PTSD claims. You somehow need to get the VA to give you a PTSD DX. The rule change to liberalize PTSD claims has now come back to bite us all in the ass. The VA says they are the only ones who can make PTSD DX.

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Your situation is the one we have worried about with PTSD claims. You somehow need to get the VA to give you a PTSD DX. The rule change to liberalize PTSD claims has now come back to bite us all in the ass. The VA says they are the only ones who can make PTSD DX.

john999

Thank you for the response. I don't know if you read my first response to you so I resent it again to see if you or anyone has else has any input. I now have obtain copies of my progress reports with my VA doctor where they show that he double the dosage of my medication for depression and also prescribed sleep medicine. He also notes that I am positive for PTSD and MST in the progress reports. I see my MH counselor again next week.Thanks.

68mustang

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john999

Thank you for the response. I don't know if you read my first response to you so I resent it again to see if you or anyone has else has any input. I now have obtain copies of my progress reports with my VA doctor where they show that he double the dosage of my medication for depression and also prescribed sleep medicine. He also notes that I am positive for PTSD and MST in the progress reports. I see my MH counselor again next week.Thanks.

68mustang

68mustang brought up something interesting. If the VA significantly increases (doubles) medication for an MH issue, is that worth mentioning?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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68mustang brought up something interesting. If the VA significantly increases (doubles) medication for an MH issue, is that worth mentioning?

Thanks Vync

For bringing that up. Maybe someone will respond and offer some input on whether to mention that after I file the NOD. Also if that would help my claim in getting the rating raised.Thanks.

68mustang

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  • In Memoriam

This is something that happens often...A C&P is requested before all included documents are finished and sent to the claims folder...

You need to explain to the VARO Service Center Manager that you need a need a new C&P that will include your JSRRC concession Letter because it was not considered in the previous C&P EXAM..

I found out the hard way...I went all the way to the BVA twice (5 years)...I did win, once all the documentation caught up with my claims folder. This could have been headed off at the VARO.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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  • HadIt.com Elder

You are going to have a problem in the fact that "hazing" does not rise to the level required for PTSD, if that is what you are attempting to accomplish.

To be diagnosed with PTSD under the "new" regulations you must have been "in fear for your life or safety due to enemy or terrorist activity".

If you have experienced an increase in your depression, then you should definitely include that in your claim. You could "re-open", if your claim has been denied, due to the NEW evidence concerning your increase in symptons/increase in dosage of medications.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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