ptsd Stressor Conceded

[68mustang]

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

[carlie]

68,

This is only my opinion, but my answer to your question as posed, would

be, NO.

The only factor in the Schedule for MH percentage criteria, that addresses

medication for the condition is the 10 percent level, which you already have.

The amount of medication is not addressed in the Schedule.

Now, hopefully other's will chime in on this, but it is also my opinion

that you might be able to claim another condition as secondary to

the effects of the medication.

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to

such symptoms as: gross impairment in thought

processes or communication; persistent delusions

or hallucinations; grossly inappropriate behavior;

persistent danger of hurting self or others;

intermittent inability to perform activities of

daily living (including maintenance of minimal

personal hygiene); disorientation to time or

place; memory loss for names of close relatives,

own occupation, or own name... 100

Occupational and social impairment, with

deficiencies in most areas, such as work, school,

family relations, judgment, thinking, or mood, due

to such symptoms as: suicidal ideation;

obsessional rituals which interfere with routine

activities; speech intermittently illogical,

obscure, or irrelevant; near-continuous panic or

depression affecting the ability to function

independently, appropriately and effectively;

impaired impulse control (such as unprovoked

irritability with periods of violence); spatial

disorientation; neglect of personal appearance and

hygiene; difficulty in adapting to stressful

circumstances (including work or a work like

setting); inability to establish and maintain

effective relationships… 70

Occupational and social impairment with reduced

reliability and productivity due to such symptoms

as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic

attacks more than once a week; difficulty in

understanding complex commands; impairment of

short- and long-term memory (e.g., retention of

only highly learned material, forgetting to

complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and

mood; difficulty in establishing and maintaining

effective work and social relationships… 50

Occupational and social impairment with occasional

decrease in work efficiency and intermittent

periods of inability to perform occupational tasks

(although generally 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)… 30

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… 10

[68mustang]

68,

This is only my opinion, but my answer to your question as posed, would

be, NO.

The only factor in the Schedule for MH percentage criteria, that addresses

medication for the condition is the 10 percent level, which you already have.

The amount of medication is not addressed in the Schedule.

Now, hopefully other's will chime in on this, but it is also my opinion

that you might be able to claim another condition as secondary to

the effects of the medication.

Occupational and social impairment with occasional

decrease in work efficiency and intermittent

periods of inability to perform occupational tasks

(although generally 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)… 30

Carlie or anyone else please I need your help.

Do you know if you have to meet all the symptoms describe under the 30% rating to get an increase from 10%? I think I was lowballed and will be filing an NOD because of some missing info in the C&P exam for depression. Thanks.

68mustang

[carlie]

Carlie or anyone else please I need your help.

Do you know if you have to meet all the symptoms describe under the 30% rating to get an increase from 10%? I think I was lowballed and will be filing an NOD because of some missing info in the C&P exam for depression. Thanks.

68mustang

68,

You do not have to meet all of the symptoms but you do have to meet the majority

of them.

I would go thru my medical evidence of record and see what symptoms I do meet

in writing from doctor's and then compare the evidence to both the

10 percent and 30 percent criteria.

Also, if this is additional medical evidence versus the evidence of record at the time the decision

was made (and if I had plenty of time on the NOD clock) -

I would submit the additional evidence and ask that the percentage level of disability assigned, be reconsidered.

[68mustang]

68,

You do not have to meet all of the symptoms but you do have to meet the majority

of them.

I would go thru my medical evidence of record and see what symptoms I do meet

in writing from doctor's and then compare the evidence to both the

10 percent and 30 percent criteria.

Also, if this is additional medical evidence versus the evidence of record at the time the decision

was made (and if I had plenty of time on the NOD clock) -

I would submit the additional evidence and ask that the percentage level of disability assigned, be reconsidered.

Carlie,

Thank you very much for your response. Yes I do have more new evidence and I have until March 22,2011 to file the NOD. However I am waiting to hear on deferred claim which has been in limbo since March 22,2210. After repeated attempts to get the Houston RO to provide a detail response as what the holdup is on the deferred claim all the VA will respond with is "we are still working on it". The responses have been through IRIS and letters from the VA. This Thursday I want to go file an NOD on the depression rating to see if I can get it higher. Also include an NOD for the denial for asbestosis and I have new medical evidence and evidence that the VA totally ignored yet was in their possession. Plus it was not adjudicated in accordance with the M21 that was posted on hadit (YEA and thanks to James Breckenridge and you). Plus since the VA will not give a definitive answer on the deferred claim I want to add that to the NOD. Any thoughts on what I just stated? Thanks.

68mustang

[john999]

Whatever you do don't wait to the last minute to file the NOD. You have a year to file but don't wait 364 days.

[68mustang]

Whatever you do don't wait to the last minute to file the NOD. You have a year to file but don't wait 364 days.

john999

Thanks for the response. Someone had advised me to go ahead and include the deferred claim in my NOD, but I can't remember who. So do you think I should include it even if by some miracle the VA sends me a decision in the near future? Could there be some repercussions if I do and the VA approves or denies the deferred claim? Thanks.

68mustang