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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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68,

Do you currently see anyone for mental health ?

If yes, have you discussed this with them ?

Thank you Carlie for responding. I only see a LSW at a VA clinic here. And we have discussed having been denied the PTSD and then being low balled on the depression. The LSW states that I should be rated higher on the depression and could not believe that my PTSD claim was denied. I have been in a quandary over what to do since my time limit to file an NOD on the PTSD is coming up in March. Someone in the past had suggested to me that I should concentrate on getting the depression rating raised since PTSD symptoms mirror depression symptoms and I am already service connected for that. Any thoughts you may have would also be appreciated along with the ones I have already received. thanks.

68mustang

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68,

I think you need to go outside the VA system. I do not think a LSW will do it for you.

Papa

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Thank you Carlie for responding. I only see a LSW at a VA clinic here. And we have discussed having been denied the PTSD and then being low balled on the depression. The LSW states that I should be rated higher on the depression and could not believe that my PTSD claim was denied.

68mustang

68,

I would certainly ask the LSW to write me a letter of support stating in their

professional opinion how depression (and maybe PTSD) effect my daily life

to include all impairment of occupational and social functioning.

I would submit it to VBA and also get more from other's in mental health

if possible.

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Papa,Carlie and all others thanks for your responses. All the responses have given me something to think about. This Monday I have an appointment with the LSW and I will take from there along with making arrangements to go to the vet center and a private MH doctor. Thanks again.

68mustang

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Am I missing something here? PTSD and Depression and a whole range of other mental disorders such as dementia and just about all mental disorders except eating disorders are all rated the same, and if you have multiple mental disorders they rate the worst one.

http://www.benefits.va.gov/warms/bookc.asp#q scroll down to mental disorders.

Therefore, it is unlikely that persuing PTSD will improve your depression rating, even if PTSD is SC.

You have it right that you need to file a NOD on the lowball rating...you can also dispute PTSD, but I dont see that helping your rating, but it wont hurt, either.

Bottom Line:

Appeal the depression rating and PTSD. Compare your symptoms to those in the schedule. The VA is required to use the rating criteria ONLY...other things dont matter.

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Am I missing something here? PTSD and Depression and a whole range of other mental disorders such as dementia and just about all mental disorders except eating disorders are all rated the same, and if you have multiple mental disorders they rate the worst one.

http://www.benefits.va.gov/warms/bookc.asp#q scroll down to mental disorders.

Therefore, it is unlikely that persuing PTSD will improve your depression rating, even if PTSD is SC.

You have it right that you need to file a NOD on the lowball rating...you can also dispute PTSD, but I dont see that helping your rating, but it wont hurt, either.

Bottom Line:

Appeal the depression rating and PTSD. Compare your symptoms to those in the schedule. The VA is required to use the rating criteria ONLY...other things dont matter.

broncovet thank you for your response. The NOD on the lowballed depression rating was filed last year in November. I have been comparing my symptoms to the rating schedule and they seem to rate higher than the 10% rating. Thanks.

68mustang

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