Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Im Confused Can Someone Tell Me What This Means

Rate this question


Bt40

Question

Im new to the site.I did a c and p for an IU(form21-8940) last year and I have a copy of the exam.The physician put in the notes that there was marked psycological over-lay(what does this mean).Im rated at 30% for ptsd but I did not recieve a c and p exam for ptsd.I spoke with a VA rep and I was told that they had enough evidence already on the ptsd I guess because I see a therapist regularly.And my IU claim is ready for decison.Do I have a good chance in having my IU granted.Need help Im confused.

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Bt40 - I agree w/carlie, it is not good. First, the VA believes all claimants lie. Second, you told them you were in constant pain. See first: the VA believes all claimants lie! According to the examiner's statement you weren't cooperating(probably due to pain - again, all claimants lie). Why not wait for a decision and then if not satisfied request another C&P? jmo

pr

PR Im having problems scanning over the info to the site.But here is a brief summary of what the examiner said:it is not possible to give an opinion about this IU do to him not cooperating with the exam.So any opinion would be mere speculation.there is marked psychological overlay.During the exam i was told to do certain movements and i told him that i was in constant pains.

Link to comment
Share on other sites

  • Lead Moderator

My wife, who is a nurse says a "marked psycological over-lay" is bs and you should ask that doc what it means.

That is, are you diagnosed with a mental disorder or not, and if so, is it/ is it not related to military service. And, what is your GAF score and symptoms.

Of course, it is not good that the doc is telling everyone you were uncooperative at the exam and so he wont

opine whether or not you are TDIU.

The bottom line: You are likely to need to "refute" this docs statements to get benefits. There are 3 choices for you to do this:

1. Go to that doc and get him to correct it.

2. Go to another VA doc and hopefully find a more Veteran friendly doc who will offer a better opinion for you.

3. Get an IMO or IME from a private doc.

Link to comment
Share on other sites

My wife, who is a nurse says a "marked psycological over-lay" is bs and you should ask that doc what it means.

That is, are you diagnosed with a mental disorder or not, and if so, is it/ is it not related to military service. And, what is your GAF score and symptoms.

Of course, it is not good that the doc is telling everyone you were uncooperative at the exam and so he wont

opine whether or not you are TDIU.

The bottom line: You are likely to need to "refute" this docs statements to get benefits. There are 3 choices for you to do this:

1. Go to that doc and get him to correct it.

2. Go to another VA doc and hopefully find a more Veteran friendly doc who will offer a better opinion for you.

3. Get an IMO or IME from a private doc.

[/

thanks for the advice.Im rated 30% for ptsd right now.The c and p for IU exam only consisted of Back,bi-knees,bi-ankles,sinitus.I never recieved a c and p for my ptsd.My gaf score is 50 and my axis is:1-ptsd,mdd,2-deferred,3-chronic pain,headaches,4-moderate.

Link to comment
Share on other sites

Hey Bt40,

IN basic terms Psychological over-lay means that pain in psychosomatic, or all in your head.

i.e. You hurt your leg, so you favor it while it heals. You get used to not using it, and then it hurts every time you use it. even though it has healed.

The term "psychological overlay, doesn't mean they don't believe your in pain, just that there is not a physical disability causing the pain. Severe and Chronic pain caused by psycholoical overlay is often referred to as fibromyalgia, which is the catch all term for pain, fatigue and anxiety without an apparent medical or physical cause.

Im new to the site.I did a c and p for an IU(form21-8940) last year and I have a copy of the exam.The physician put in the notes that there was marked psycological over-lay(what does this mean).Im rated at 30% for ptsd but I did not recieve a c and p exam for ptsd.I spoke with a VA rep and I was told that they had enough evidence already on the ptsd I guess because I see a therapist regularly.And my IU claim is ready for decison.Do I have a good chance in having my IU granted.Need help Im confused.

We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use