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Question From Elders And Anyone With Exp On Malingering Test Results On Vets File

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Cm Burns

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Is it possible for a person to win a claim for increase when a note in the file about malingering when the rest of their physicians including their psychiatrist says their GAF is 45 just up from 37 and has been for last 2 yaers and their assessment has not changed and the psycologist who was over the resident that said there was possible malingering says your actions are consistant with ptsd and you have chronic depression with a gaf of 45.... since the note for malingering there has been a high risk for suicide watch entered in the file continued diagnosis of ptsd and chronic depression and the file said patient is in risk of hurting self due to chronic depression. last cnp gave a gaf of 55 and says they agree with medical assessment from the doctors ptsd and depression diagnosis and there is concern of unemployability. I just want to know if there is a change for increase from 30% to even 50%. Vet was hospitalized in april 2011 and may be asked to come back in the hospital due to issues with medication and functionality. The med's make it hard to function and this vet has a class at 10 am and if she takes the meds she usually does not make it to drozy. she has less anxiety attacks with the meds and mood swings are more stable with meds. She still has suicidal thoughts and has a hard time in crowds. She has several absences already from school due to her anxiety and ptsd but she is trying to hand in there. She has been in non stop care with her doctors (mental health) and as stated gaf has never been above 45 except her first cnp was 60 and second cnp was 55. Vet does get ssdi for ptsd and has not worked since 2006. <br style="min-width: 0px; ">Please tell me what you think and anyone else with info that can help please also chime in. Thnx in advance for your help.<br style="min-width: 0px; "><br style="min-width: 0px; ">If you dont see this info as being enough for increase can you tell me what you would consider being needed.<br style="min-width: 0px; ">

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Is her SSD for PTSD only?

If it is, was it considered as part of her evidence during her first rating?

It's hard to believe she's only rated 30% especially if she's considered totally disabled from SSA and hasn't worked since 06"

JMO

Forgive me if I'm misinterpreting your post.

Coot

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Is her SSD for PTSD only?

If it is, was it considered as part of her evidence during her first rating?

It's hard to believe she's only rated 30% especially if she's considered totally disabled from SSA and hasn't worked since 06"

JMO

Forgive me if I'm misinterpreting your post.

Coot

She has ssdi yes for ptsd. There was no exam it was awarded soley off the va records and doctors note. The ssdi docs were sent to the va before the first award but i dont think her docs said anything about them in the award. The docs did say she was given 30 because her panic attacks are 1 a week which was not true she has a min of 3 or so a day before meds. they are not prolly 2-4 a week when she is on meds. She has been hospitalized 2 times once in nov for 2 days and then april for 22 days. she is also on the home monitering system for suicide where she has to answer questions daily about her depression and suicide.

please feel free to ask any additional questions

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I'd ignore the malingering note, as the VA figures all vets are malingering. If the symptoms have gotten worse, then they are worse. I'd apply for the increase. jmo

pr

we have submitted the claim for increase already. the first time the claim was denied due to the malingering letter. inspite of the 2 years of constant treatment and diagnosis that one letter she used to deny it. we resubmitted it and its now again in decision phase with the new notes from the appointments since the note on malingering. So I am just wondering if thats enough.

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  • HadIt.com Elder

I was accused of malingering at a C&P exam just because I had a college degree in psychology. I eventually got my P&T. I always go outside the VA for IMO's. I have exams that say I have a personality disorder and all sorts of bad stuff. You get a good IMO and you can defeat all that negative VA crapola. The way to attack these bad exams is to get your own exam to directly rebutt these VA conclusions. If you depend just on VA evidence it does put you at a disadvantage. What credible evidence does the VA have you are a malingerer? VA does assume we are all faking it to make it. They assume every vet who gets pain meds is a drug addict or drug dealer, so that is their opinion of us.

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If you can scan the "Reasons and Bases" section, and the section of the evidence they considered, and blanking out any personal info, that will give us a more understanding of the situation and perhaps work from there.

Coot

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