Should I Reconsider Or Appeal?

[postman56]

Hello all. I received my letter from the VA whereas I was service connected for Anxiety Disorder NOS with Depression at 10%. I am currently going through the DES Pilot program (MEB/PEB). I have had 3 C&P's for this condition. First C&P exam was with the QTC in Hinesville Ga. on Sep. 28th 2010 where a Medical Opinion was not given. Second C&P exam was at Ft. Steward on Mar. 23rd 2011 Where the Examiner did give a Medical Opinion relating it to service and the Rating Scheduloe that was used would grant 30%. The Third C&P was on April 1st 2011 at James Haley VA where the Examiner used the Rating Schedule that would grant a 10%. The VA at Auburn Wa Used the Exams from The QTC on Sep. 28 without a Medical Opinion and The Exam from James Haley in Which it would grant 10%. The Exam from Ft. Steward was not used at all. My question is should I do a Reconsideration, Appeal or file for an increase? Oh the GAF was 65.

[postman56]

broncovet thanks for the info. The claim was not denied I just received a low rating of 10%. So since the claim was awarded can I still file a reconsideration? And no the VA did not cite the C&P exam in the evidence section or the decision.

[carlie]

broncovet thanks for the info. The claim was not denied I just received a low rating of 10%. So since the claim was awarded can I still file a reconsideration? And no the VA did not cite the C&P exam in the evidence section or the decision.

What did they state in the Reasons and Bases for the 10 percent evaluation ?

What medical evidence do you have that supports a higher evaluation ?

[USNDW]

Since you do not have your rating yet, I would send in a request for reconsideration using the C&P exam that noted your symptoms matched the criteria for the 30% rating. With this new pilot program I think there will be some issues like this, but seriously, I have never heard of anyone getting 3 C&P exams for the same condition before it was rated. I believe you, I just have not heard that happen to anyone else.

If you are still active I would also get a copy of the reports, try to find an examiner on the base and ask for a second, or in your case fourth opinion. Also, set down and review your service medical records and see what they have in them that can support your claim. If you have been getting treated and it is in the records, the symptoms should also be listed and the VA Rating personnel have to take those into consideration.

Last, have you had any friends write buddy letters? Family & friends can write statements about your condition. They cannot diagnose you or claim to, or advise treatement, but they can comment on your personality, stress issues, depressed moods, and anything else they have witnessed.

Make sure you also provide the PEB with the medical record from the examiner who noted the symptoms that are close to the 30% criteria. I wonder if the PEB is actually trying to discount the one examiner because of the findings? You know they will try to rate you as low as possible so gather your evidence, and maybe even ask a doctor to comment on the examiners records. If a 4th doctor agrees with the examiner who more closely found the 30% rating symptoms, that will help a lot.

Good luck

[postman56]

Thanks USNDW, I am in the Florida National Guard, and yes I had 3 C&P'S for the Anxiety claim. Before the MEB I was rated at 60% by the VA. It seems that the Pilot program has a lot of holes in it right now. I do not know the findings for the PEB yet but it seems like they wanted to keep me under 70%.

Carlie, in the reason and bases it states that there is occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupationa tasks only during periods of significant stress; or symptoms controlled by continuous medication. This is from the C&P that I had on April 1, 2011. They also stated that they have no current evidence of such symptoms as suspiciousness, panic attacks, chronic sleep impairment, mild memory loss or other symtoms to warrant a higher evaluation. All of this information is documented in my records with the VA, They even give me medication to help me sleep. I know that this warrants a 10% rating.

The C&P that I had on March 23, 2011 was more favorable and was ignored.