ptsd Can Va Change Diagnosis

[Brother Gate]

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

[brokensoldier244th]

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.

[Brother Gate]

Is there a 20 year rule?

[brokensoldier244th]

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.

[Gulfvet45]

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

[Pete53]

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.

[carlie]

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]