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68mustang

Question

While looking through my c-file copy I found a copy of a VA form 21-6789 that has a JSRRC review that was done on my PTSD stressors. The review states that my stressor is conceded. The stressor conceded is 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 does refer to the MST as traumatic assaults. I am trying to get the depression rated higher and have filed an NOD.

The copy of the VA form 21-6789 with the JSRRC review does not show up in the evidence used for rating the PTSD claim. 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 JSRRC stressor review not being used in the PTSD rating process would make a difference. Since the depression has already been service connected should I concentrate on getting that rating raised? Or should I also file a separate NOD on the denied PTSD claim since the VA only rates only one MH rating? My time limit to file an NOD on the PTSD is due March 22,2011. Would appreciate any input you all might have. Thanks.

68mustang

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  • HadIt.com Elder

Having dealt with the JSRRC, the stressor was verified. It is a risk seeing the VA at a C and P exam but we are obligated to go.

I often use the term trying to French Kiss an alligator cause he is going to bite your head off.

If you have the means you need to go outside, take your records with you and seek an opinion from a Private Doc.

You should be able to tip the scales.

Hang in there,

J

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Having dealt with the JSRRC, the stressor was verified. It is a risk seeing the VA at a C and P exam but we are obligated to go.

I often use the term trying to French Kiss an alligator cause he is going to bite your head off.

If you have the means you need to go outside, take your records with you and seek an opinion from a Private Doc.

You should be able to tip the scales.

Hang in there,

J

Thanks J for the response. I plan to contact my private insurance to see what MH benefits they offer and then proceed from there. What go you think, should I just concentrate on getting my depression rating increased since it is already service connected? Should I use the JSRRC stressor verification in my NOD on the depression increase since the hazing incident and traumatic assaults were mentioned in the depression C&P exam but not JSRRC stressor verification? Plus the JSRRC stressor was not mentioned in the evidence used in either the depression or PTSD C&P exams Thanks.

68mustang

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68,

Like J said, you need to go outside the VA system. With most insurance, you may need to get a referral from your primary doctor. Have you gone to a Vet Center? They might be able to help.

Papa

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  • HadIt.com Elder

68,

If you file a NOD, even if is duplicate of MH, you will preserve your right on the PTSD claim. You also buy yourself time to get the outside opinion since you will then have time to gather after filing the NOD.

Don't forget if you decide that nothing would come of it, you can always withdraw the NOD at a later date. not that I am saying to, just that that option is there.

fanaticbooks

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68,

If you file a NOD, even if is duplicate of MH, you will preserve your right on the PTSD claim. You also buy yourself time to get the outside opinion since you will then have time to gather after filing the NOD.

Don't forget if you decide that nothing would come of it, you can always withdraw the NOD at a later date. not that I am saying to, just that that option is there.

fanaticbooks

Thanks jbasser,fanaticbooks, and Papa for your good advice. You all have given me very good input. Thanks again.

68mustang

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