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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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The JSRRC verified a stressor event, but, apparently, the VA shrink does not feel that the stressor rises to the level of PTSD, yada, yada. So, as others here have correctly stated and advised, you should probably concentrate on the increase in your depression. Are you now seeing anyone in any of the VA mental health clinics ( I know you said that you were seeing a LSW, but I am hoping that this LSW is a part of one of the mental health TEAMS), if so, ask specifically to be seen by one of the team's psychiatrists or board-certified psychologists. When you get a chance to meet with either of these individuals, then I would stress the fact that you are, in fact, more seriously impaired by your depression and that you feel that you need more "specialized" treatment (medications, group or individual therapy, etc.). In other words, I am recommending a more thoroughly established evidence of your more serious depression, to help you reach the threshold for a diagnosis of Major Depressive Disorder (MDD). With a diagnosis of MDD your percentage of disability increases to the more realistic realm of, say, 30% and upwards to a possible 70%. This is, of course, if you REALLY are in that serious of a disability picture ( I have to say this, just so's folks will not think that I am trying to convince you to seek MORE than your disability should be rated.).

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The JSRRC verified a stressor event, but, apparently, the VA shrink does not feel that the stressor rises to the level of PTSD, yada, yada. So, as others here have correctly stated and advised, you should probably concentrate on the increase in your depression. Are you now seeing anyone in any of the VA mental health clinics ( I know you said that you were seeing a LSW, but I am hoping that this LSW is a part of one of the mental health TEAMS), if so, ask specifically to be seen by one of the team's psychiatrists or board-certified psychologists. When you get a chance to meet with either of these individuals, then I would stress the fact that you are, in fact, more seriously impaired by your depression and that you feel that you need more "specialized" treatment (medications, group or individual therapy, etc.). In other words, I am recommending a more thoroughly established evidence of your more serious depression, to help you reach the threshold for a diagnosis of Major Depressive Disorder (MDD). With a diagnosis of MDD your percentage of disability increases to the more realistic realm of, say, 30% and upwards to a possible 70%. This is, of course, if you REALLY are in that serious of a disability picture ( I have to say this, just so's folks will not think that I am trying to convince you to seek MORE than your disability should be rated.).

LarryJ thank you for your response.

68mustang

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