How Do I Get A Personal Dro Hearing?

[Rome Drummer64]

My SC claim is for Major Depression and I'm rated at 30%. I understand that with VA, they rate mental illness in increments of 20%. Since my last rating of 30% in 2009, I have been hospitalized once for suicidal thoughts, and have been to my local ER twice for anxiety attacks. I obtained copies of my C&P exam, in which the Psychologist gave me a GAF of 52, but he also stated that I'm not employable. I also have a brief statement from my VA Psychiatrist that also claims I am unemployable at this time. With 2 VA mental health experts saying that I'm not employable, I don't see how my increase could be denied. It doesn't make any sense at all. I hope that the decision packet isn't bad news. I'm already stressed enough as it is. Thanks for the advice on the DRO route. If my claim really has been denied, what is the process for getting a personal hearing with DRO? Is it any faster than a BVA? What can I do to help move the process along and obtain a favorable result? Thanks for the help.

[jvretiredvet]

If my claim really has been denied, Why do you believe your claim for increase has been denied?

what is the process for getting a personal hearing with DRO? On your Notice of Disagreement (NOD), simply state that you request a de novo review and a DRO hearing.

is it any faster than a BVA? Well yes ... like perhaps a year instead of two years.

My SC claim is for Major Depression and I'm rated at 30%. I understand that with VA, they rate mental illness in increments of 20%. Since my last rating of 30% in 2009, I have been hospitalized once for suicidal thoughts, and have been to my local ER twice for anxiety attacks. I obtained copies of my C&P exam, in which the Psychologist gave me a GAF of 52, but he also stated that I'm not employable. I also have a brief statement from my VA Psychiatrist that also claims I am unemployable at this time. With 2 VA mental health experts saying that I'm not employable, I don't see how my increase could be denied. It doesn't make any sense at all. I hope that the decision packet isn't bad news. I'm already stressed enough as it is. Thanks for the advice on the DRO route. If my claim really has been denied, what is the process for getting a personal hearing with DRO? Is it any faster than a BVA? What can I do to help move the process along and obtain a favorable result? Thanks for the help.

[john999]

With the NOD ask specifically for a DRO Hearing. Keep it simple. I have had a few of these hearings and if you have good evidence you have a good chance of winning. If you are asking for 30 years of retro like I did forget about it.

[Pete53]

You can actually just ask for a DRO Hearing. Be sure and follow time line for NOD though

[carlie]

My SC claim is for Major Depression and I'm rated at 30%.

I understand that with VA, they rate mental illness in increments of 20%.

No - this is not true.

Below is the criteria for mental health (not inclusive of eating disorders) - it starts at zero then goes to 10%,

from there it increases in 20% increments.

http://ecfr.gpoacces....111.73&idno=38

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name . . . 100

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships . . .70

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships . . .50

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) . . . 30

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication . . . 10

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication . . . 0

Since my last rating of 30% in 2009, I have been hospitalized once for suicidal thoughts, and have been to my local ER twice for anxiety attacks.

I obtained copies of my C&P exam, in which the Psychologist gave me a GAF of 52, but he also stated that I'm not employable.

I also have a brief statement from my VA Psychiatrist that also claims I am unemployable at this time.

With 2 VA mental health experts saying that I'm not employable, I don't see how my increase could be denied.

It doesn't make any sense at all.

I hope that the decision packet isn't bad news.

I'm already stressed enough as it is.

Can you post exactly and everything that the C&P and brief statement from VA Psychiatrist states, without

personal info like name, claim #, address, etc...

These statements need to be supported with full medical rationale that shows the hows and whys of these doctor's

opinions that you are unemployable.

Not having that is a possible reason for denial or perhaps some additional examination.

Are there also current treatment records that should be factored in ?

If yes - Is the VBA aware of these treatment records ?

Thanks for the advice on the DRO route.

If my claim really has been denied, what is the process for getting a personal hearing with DRO?

Do you think your claim has already been denied ?

If yes - why do you think so ?

Is it any faster than a BVA?

What can I do to help move the process along and obtain a favorable result?

There is really not much one can do to speed things up except as Pete sometimes suggest -

if you feel VBA has everything need to rate your claim issues - send them something in writing

asking them to go ahead and rate the claim.

JMHO

carlie

Thanks for the help.

[Berta]

"I obtained copies of my C&P exam, in which the Psychologist gave me a GAF of 52, but he also stated that I'm not employable. I also have a brief statement from my VA Psychiatrist that also claims I am unemployable at this time. With 2 VA mental health experts saying that I'm not employable,...etc"

Did they state you are unemployable solely due to your SC condition?

Do you get SSDI solely for the SC condition? If so, does the VA know of the SSDI award?

Have you formally requested TDIU?