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Gaf - 60


Berta

Question

There has been some discussion about GAF scores lately-

Axis V on some psyche reports-

A GAF does not really indicate or determine the outcome of a claim-

I posted this for sbrewer but this is a good read and might help 1968 with his claim.

It shows that all medical evidence must be considered and that a GAF does not necessarily reflect a disability picture.

http://www.va.gov/vetapp01/files03/0120962.txt

"Axis I - PTSD; chronic; Major depression,

recurrent, secondary to PTSD. Axis II - No diagnosis. Axis

III - S/P pituitary adenomectomy, May 1998; "Post polio

syndrome," DJD; GERD/HH; hyperlipidemia. Axis IV - 3-

moderate-anniversary of suicide of son-in-law's father. Axis

V - [GAF ] 65 in the last 12 months; 63 now."

and :"ORDER

Subject to the rules and regulations governing awards of

monetary benefits, a 100 percent rating for post-traumatic

stress disorder is hereby granted."

The BVA considered the entire disabling profile of the veteran. supported by medical evidence.

PS- this was not an extraschedular 100% but a direct 100% rating.

Edited by Berta
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  • HadIt.com Elder

Berta

That is incredible! 100% for a GAF of 63. I hope that guy gets his P&T and never opens that claim up again. I imagine he was not working.

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Im with John on that -- he'd be a fool to ever re-open or change his claim for anything. Watch the dummy go for house bound and A&A.

Big mistake.

OMO,

carlie

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On reconsideration - I guess stalking my ENT with a loaded weapon on Federal property wasn't so bad after all.

carlie

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Hey Berta,

I checked out that link and this is the important portion of the VAOPGCPREC 6-96

played in allowing the board to make this decision. The issue of extra-schedular TDIU was raised expressly by the claimant -- non pursuant to the request for increase.

At least that's how Im understanding it.

Thanks for that post !

After looking it all over again - I have no idea where I got that VAOPGSPREC from.

Date: August 16, 1996 VAOPGCPREC. 6-96

From: General Counsel (022)

Subj: Issues Related to Floyd v. Brown, 9 Vet. App. 88 (1996)

From: Chairman, Board of Veterans’ Appeals (01)

QUESTIONS PRESENTED:

a. Under what circumstances must the Board of Veterans’

Appeals (Board) address the issue of entitlement to an extra-schedular rating under 38 C.F.R. § 3.321(:unsure:(1) or 38 C.F.R. § 4.16(:unsure: in reviewing claims for an increased evaluation for

a service-connected disability or a total disability rating

for compensation based on individual unemployability?

b. In circumstances where the issue of entitlement to an ex-traschedular rating under section 3.321(:unsure:(1) or 4.16(:unsure: must be addressed, what procedure should the Board follow when the issue was not addressed by the regional office (RO)? Does the Board have jurisdiction over extraschedular claims raised for the first time by the record or the appellant before the Board?

c. Is the issue of entitlement to an extraschedular evaluation inextricably intertwined with the underlying claim for an in-creased evaluation or a total disability rating based on indi-vidual unemployability, such that the issues may not be sepa-rated by the Board for purposes of taking final action on

appeal?

d. If the appellant or the representative raises the issue of a rating under section 3.321(B)(1) or 4.16(B) but submits no argument or evidence, and the record on appeal contains no evi-dence that would make such a claim plausible, may the Board dismiss the claim as not well-grounded or conclude that the RO’s failure to address the issue of an extraschedular evalua-tion was harmless error because the claim is not plausible?

HELD:

a. The Board is required to address the issue of entitlement to an extraschedular rating under 38 C.F.R. § 3.321(B)(1) only in cases where the issue is expressly raised by the claimant or the record before the Board contains evidence of “exceptional or unusual” circumstances indicating that the rating schedule may be inadequate to compensate for the average impairment of earning capacity due to the disability. The Board is required to address the issue of entitlement to a total disability rat-ing based on individual unemployability (TDIU rating) under 38 C.F.R. § 4.16(B) only in cases where the issue is expressly raised by the claimant or the record before the Board contains evidence that the appellant may be unable to secure or follow a substantially gainful occupation due to his or her service-connected disability.

b. When the issue of entitlement to an extraschedular rating or a TDIU rating for a particular service-connected disability or disabilities is raised in connection with a claim for an in-creased rating for such disability or disabilities, the Board would have jurisdiction to consider that issue. If the Board determines that further action by the RO is necessary with re-spect to the issue, the Board should remand that issue.

c. When the issue of entitlement to an extraschedular rating or a TDIU rating arises in connection with an appeal in an in-creased rating case, the Board is not precluded from issuing a final decision on the issue of an increased schedular rating and remanding the extraschedular-rating or TDIU-rating issue to the RO.

d. Where the appellant has raised the issue of entitlement

to an extraschedular rating or a TDIU rating but the record contains no evidence which would render the claim plausible, the Board may, subject to the considerations expressed in

<Page 16>

VAOPGCPREC 16-92 and Bernard v. Brown, determine that the

referral to the appropriate officials for consideration of an extraschedular rating or a TDIU rating is not warranted.

Edited by carlie
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  • HadIt.com Elder
There has been some discussion about GAF scores lately-

Axis V on some psyche reports-

A GAF does not really indicate or determine the outcome of a claim-

I posted this for sbrewer but this is a good read and might help 1968 with his claim.

It shows that all medical evidence must be considered and that a GAF does not necessarily reflect a disability picture.

http://www.va.gov/vetapp01/files03/0120962.txt

Berta and Hadit members I was doing some research and came across this thread. Good information, it almost seems like a carbon print of my PTSD. I am going to send this to my atty for reference, in case my claim goes this far (to the BVA). Never know waht ye can find in these ealier threads.

T&B

"Axis I - PTSD; chronic; Major depression,

recurrent, secondary to PTSD. Axis II - No diagnosis. Axis

III - S/P pituitary adenomectomy, May 1998; "Post polio

syndrome," DJD; GERD/HH; hyperlipidemia. Axis IV - 3-

moderate-anniversary of suicide of son-in-law's father. Axis

V - [GAF ] 65 in the last 12 months; 63 now."

and :"ORDER

Subject to the rules and regulations governing awards of

monetary benefits, a 100 percent rating for post-traumatic

stress disorder is hereby granted."

The BVA considered the entire disabling profile of the veteran. supported by medical evidence.

PS- this was not an extraschedular 100% but a direct 100% rating.

Edited by tagandbag
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  • HadIt.com Elder
Anybody know why those stupid smiley faces show up when the letter "b" should be there instead?

pr

That's the BB code for that particular smiley face. If you want it to show as written, you have to turn off the smilies, by unchecking the box that says "enable emoticons" underneath the text box.

tagandbag...I'm not seeing why you revived this old thread. All I see is where you quoted Berta. Did you have a question or comment?

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  • HadIt.com Elder

Rental this is what i posted below.

Berta and Hadit members I was doing some research and came across this thread. Good information, it almost seems like a carbon print of my PTSD. I am going to send this to my atty for reference, in case my claim goes this far (to the BVA). Never know waht ye can find in these ealier threads

I was having problems replying with that thread. Wasnt trying to bring up old news or threads. The link that Berta posted in that thread really caught my eye. The situation of the veteran in this case is very close to describing my PTSD history. But I have a couple more additional things in my past that would make this argument even more compelling, if my appeal goes to the BVA. If it does go to BVA I am thinking outloud, I guess. Will my attorney use the" extra schedular consideration", if I do not get a rate increase and IU. It certainly worked in this vets case. Plus, just trying motivate myself in case I get a( BIG 0) denial from the DRO. I am sort of expecting to hear something shortly.

T&B

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  • HadIt.com Elder

Now I see it...I just had a hard time picking it out of that quote box for some reason. :P

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  • HadIt.com Elder
On reconsideration - I guess stalking my ENT with a loaded weapon on Federal property wasn't so bad after all.

carlie

ONLY if you were successful! :P

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