ptsd Depression Appeal

[jdman 5]

I am currently 30% SC for Depression. I have appealed this rating because I feel that it was too low. I tried to commit suicide on active duty and was sent to a private hospital off base when I had my attempt. Those records from that hospital were never considered when my claim was completed. I am also a government employee who is on Workman's Comp for PTSD due to tours in Iraq and Afghanistan as a civilian federal employee. I currently see a psychologist at the VA and he prescribes my meds. When I went in to see him in August he had me with a GAF score of 50. I see a private psychologist and he gave me a GAF of 35. I also had a second opinion done for my PTSD and he deemed me totally disabled with a GAF of 30. I have sent all of this paperwork to the VA. They had scheduled me for a C&P for my depression because QTC called me and notified me of it. I just called a few days ago and they said it was cancelled because it was not needed. How do the IMO's and the VA treatment with my psychologist affect my appeal and possible increase? I have tried to give them as much information needed for my claim. My DAV Rep told me that my GAF needed to be under 50 in order for the VA to increase my rating. When looking at the rating determination for depression most of my symptoms fall in the 70-100% rating.

[Dot09 76]

Jdman,

I would just file a nod because you were low-balled. If anything, based on what I read you should be 50-70%. You are already service connected for your mhc condition, so an imo really isn't needed for a nexus connection. However, you could have your private dr. write a letter pertaining your symptoms and what category percentage applies to you. Do you have the Title 38 raters chart for mental health?

Edited April 26, 2013 by Dot09

[jdman 5]

What is Title 38 Raters Chart? Is that where it shows the breakdown of the issues? I agree my DAV Rep is not good... I don't know who to go to here in OKC that is good. My problem is that when I was discharged I was not given a separation exam and I was discharged within one month of a suicide attempt. They discharged me for misconduct as a way to get me out.

[Dot09 76]

What is Title 38 Raters Chart? Is that where it shows the breakdown of the issues? I agree my DAV Rep is not good... I don't know who to go to here in OKC that is good. My problem is that when I was discharged I was not given a separation exam and I was discharged within one month of a suicide attempt. They discharged me for misconduct as a way to get me out.

It's the criteria ratings... Your fine with what you are doing. You filed your appeal to the decision. Ask the board if you have any other questions.. Like I said before, tell your private dr your symptoms on the rating chart and get a letter. I personally think you'll be fine.. The hardest thing is getting it service connected, which you already have. Most people on here have had to appeal because of a low ball rating. Stick to what your doing and don't fret on it too much.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=4938e6cd82d043a4a17b722693bf55d3&rgn=div6&view=text&node=38:1.0.1.1.5.2&idno=38

Edited November 10, 2012 by Dot09

[Dot09 76]

By the way.. what was your MOS? Were you deployed in the middle east?

Gulf War Presumptive Disabilities

1. Abnormal Weight Loss

2. Cardiovascular Signs and Symptoms

3. Fatigue

4. Gastrointestinal Signs or Symptoms

5. Headaches

6. Joint Pain

7. Menstrual Disorder

8. Muscle Pain

9. Neurological Signs and Symptoms

10. Skin Symptoms

11. Upper and Lower Respiratory Symtoms

12. Amyotrophic Lateral Sclerosis (ALS)

Edited November 10, 2012 by Dot09

[jdman 5]

I was in personnel in the AF. I was deployed to Dhahran, SA in 1995. I have filed for GERD, IBS and CFS. I just went on a C&P this week and the C&P doctor stated that I have CFS and GERD linked to military service. I don't know what ratings I will get on these but.... I am gonna try to be hopeful.