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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; ">

Claim 1 & 2 /w pension Filed 10/23/2009 CnPs- Dec Phase 10/1/2010 Notification 10/12/2010 Closed 10/15/2010

Claim 3 Filed June 23,10 CNPs- Jan 2011 Dec Phase- Mar 2011 Notification- May 2011 Closed My 2011 (CLAIM DENIED)

Claim 4 Filed June 13,11 cnps-Na Dec Phase- Aug 2011 Notification- ...

Voc Rehab Claim Filed July 2011 Orientation-17 Aug 2011 Found Entitled- 17 Aug 2011 Classes paid- 19 Aug 2011 First Stipen Check- ...

***Under Ga VARO from 2009 - Until Present***

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ATTACHED ARE THE DOCS FOR THE DENIAL CLAIM. ANY HELP IS APPRECIATED

DENIALinfo-publicok.pdf

Claim 1 & 2 /w pension Filed 10/23/2009 CnPs- Dec Phase 10/1/2010 Notification 10/12/2010 Closed 10/15/2010

Claim 3 Filed June 23,10 CNPs- Jan 2011 Dec Phase- Mar 2011 Notification- May 2011 Closed My 2011 (CLAIM DENIED)

Claim 4 Filed June 13,11 cnps-Na Dec Phase- Aug 2011 Notification- ...

Voc Rehab Claim Filed July 2011 Orientation-17 Aug 2011 Found Entitled- 17 Aug 2011 Classes paid- 19 Aug 2011 First Stipen Check- ...

***Under Ga VARO from 2009 - Until Present***

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57 claims were presented here, and read almost all denied. Is this correct?

That's correct ....... Only got PTSD all others denied due to no records

Claim 1 & 2 /w pension Filed 10/23/2009 CnPs- Dec Phase 10/1/2010 Notification 10/12/2010 Closed 10/15/2010

Claim 3 Filed June 23,10 CNPs- Jan 2011 Dec Phase- Mar 2011 Notification- May 2011 Closed My 2011 (CLAIM DENIED)

Claim 4 Filed June 13,11 cnps-Na Dec Phase- Aug 2011 Notification- ...

Voc Rehab Claim Filed July 2011 Orientation-17 Aug 2011 Found Entitled- 17 Aug 2011 Classes paid- 19 Aug 2011 First Stipen Check- ...

***Under Ga VARO from 2009 - Until Present***

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MH issues need to be from pedigree MH providers.

It will take a well written IMO (from MH) to re-butt what the prior examiner stated

in regards to:

a) malingering

b) excessive alcohol is the reason for increased MH symptomology

and unemployability.

The IMO would need to express that the alcohol is a form of self medication

used by the claimant in an attempt to dull the MH issues.

I would also be sure to ascertain the pedigree of this prior examiner and

would get my IMO/IME from someone with higher credentials than theirs.

Also, keep in mind that conflicting medical evidence CAN open up the door

for application of the BOD - if it equates to a determination of relative equipoise.

This can be over come - if the right steps are taken, I would also check into

a VAMC substance abuse program and most likely be given a dual diagnosis

from them - IF it were me. This could/might serve the same as an IMO/IME, without having

to find a MH provider and pay for it.

JMHO

Carlie passed away in November 2015 she is missed.

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