Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Can Va Change Diagnosis


Brother Gate

Question

Hello All, I have been service connected for Anxiety since 1973. In 2010, the VA increased my rating to 70% for Anxiety. After filing for TDIU which was just recently denied, the VA changed my diagnosis from Anxiety to PTSD at the same 70% rating after a PTSD C&P. By law, can they do this?

Thanks, Bro' Gate

ptsd va notification.pdf

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

  • HadIt.com Elder

If the symptoms change, yes, they can rate you under PTSD vs. Anxiety. Its not a doctor's change of your diagnosis, its whatever fits best under their applicable reg in the rating criteria.

Link to comment
Share on other sites

  • HadIt.com Elder

The rating and the diagnosis are two separate things. The diagnosis isn't going anywhere. If they changed your rating when they upped it, your clock starts over on the rating.

Link to comment
Share on other sites

What ever % you had for the 20 years under the anxiety/ptsd is locked in the new increase is not. They gave you the one giving you the best rating. Now you have to prove you can not find gainful employment if you want IU.

Keep in mind that everyone can be employed, it is if they can be gainfully employed. We have disabled people here bagging at the store with the IQ of 50. They are not gainfully employed.

Never say you can not work, but ask them what type of job can you do to make a living at to make $24,000 a year. and still do all of you dr. appointments.

Hello All, I have been service connected for Anxiety since 1973. In 2010, the VA increased my rating to 70% for Anxiety. After filing for TDIU which was just recently denied, the VA changed my diagnosis from Anxiety to PTSD at the same 70% rating after a PTSD C&P. By law, can they do this?

Thanks, Bro' Gate

Link to comment
Share on other sites

  • HadIt.com Elder

Since you kept your 70% the change from anxiety to PTSD is not actually a change its more of a correction of your diagnosis as VA did not know diddly about PTSD in 1973. Your first rating is protected by 20 year rule what ever per cent it is.

Link to comment
Share on other sites

Hello All, I have been service connected for Anxiety since 1973. In 2010, the VA increased my rating to 70% for Anxiety.

After filing for TDIU which was just recently denied, the VA changed my diagnosis from Anxiety to PTSD at the same 70% rating after a PTSD C&P.

By law, can they do this?

Thanks, Bro' Gate

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=b5d506ccaccf73630b934970ba5f431f&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.8&idno=38

§ 4.13 Effect of change of diagnosis.

The repercussion upon a current rating of service connection when change is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation and continuance of the diagnosis or etiology upon which service connection for the disability had been granted. The relevant principle enunciated in §4.125, entitled “Diagnosis of mental disorders,” should have careful attention in this connection. When any change in evaluation is to be made, the rating agency should assure itself that there has been an actual change in the conditions, for better or worse, and not merely a difference in thoroughness of the examination or in use of descriptive terms. This will not, of course, preclude the correction of erroneous ratings, nor will it preclude assignment of a rating in conformity with §4.7.

[29 FR 6718, May 22, 1964, as amended at 61 FR 52700, Oct. 8, 1996]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=b5d506ccaccf73630b934970ba5f431f&rgn=div8&view=text&node=38:1.0.1.1.5.2.111.68&idno=38

§ 4.125 Diagnosis of mental disorders.

(a) If the diagnosis of a mental disorder does not conform to DSM-IV or is not supported by the findings on the examination report, the rating agency shall return the report to the examiner to substantiate the diagnosis.

(b) If the diagnosis of a mental disorder is changed, the rating agency shall determine whether the new diagnosis represents progression of the prior diagnosis, correction of an error in the prior diagnosis, or development of a new and separate condition. If it is not clear from the available records what the change of diagnosis represents, the rating agency shall return the report to the examiner for a determination.

(Authority: 38 U.S.C. 1155)

[61 FR 52700, Oct. 8, 1996]

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines