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Confused And Could Use Some Tips And Advice

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LongTooth

Question

Hi,

I have recently started the claims process with the VA (I filed an informal claim on 04-Sept-2013

I see a private therapist and have a current diagnosis of PTSD, Bipolar II, poly substance abuse.

My therapist agrees with me that my disorders are SC

I've taken the initiative already to get copies of my DD214 as well as my private medical records. Currently I'm trying to track down my records from when I was placed on a 72 hr hold in a psych ward in 2000.

My prescribing Psychologist, who puts in time at the practice I go to, is also a VA doc.

I guess my question is this. If my therapist tells me that they have diagnosed me with the above disorders does that mean that my Psychologist (the VA doc) had to have signed off on the diagnosis and if so does this mean that I should have an easier time with the VA?

I'm also concerned that I may have to track down treatment records from the Army (I assume those would be in my DD214?) Where would I look for any SMR's that I may need? I also wonder if maybe I should try and track down any relevant records from my old Unit to show things such as an Article 15 and any evaluations done that would show the onset of my conditions.

Also if anybody could advise me of what else I should be doing at this early stage to present an effective claim please feel free to advise me.

Thank you in advance for any and all help

Jason

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If I am correct. They have been instructed not to ask questions reference family upbringing and to focus on service connector stressors. Before, this was causing issues with PTSD diagnoses. My first exam included family history and they opinion end that I was depressed before enlisting and that active duty stressors worsened it. That used to be their loophole to deny or minimize claims. That taught me to NOT discuss family. Then a year later the government changed guidelines and streamlined questionnaire. First exam was several hours. second for increase was maybe 15 minutes. Hope this helps and isn't confusing.

Good point, however it is okay to talk about family especially when your illness is impacting your relationship with your family such as marital problems. The passage below is published by the VA for healthcare providers.

"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 "

Also,

"§4.126 Evaluation of disability from mental disorders.

(a) When evaluating a mental disorder, the rating agency shall consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the veteran’s capacity for adjustment during periods of remission. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner’s assessment of the level of disability at the moment of the examination.

(b) When evaluating the level of disability from a mental disorder, the rating agency will consider the extent of social impairment, but shall not assign an evaluation solely on the basis of social impairment."

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You do not have to seek treatment at a VA Hospital. A private practice licensed professional can serve you just as well. They may also complete a DBQ form (http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp), which states,

"PSYCHIATRIST/PSYCHOLOGIST/EXAMINER - Your patient is applying to the U. S. Department of Veterans Affairs (VA) for disability benefits. VA will consider the information you provide on this questionnaire as part of their evaluation in processing the veteran's claim. Please note that this questionnaire is for disability evaluation, not for treatment purposes."

The VBA has a smaller time frame to respond once the form is submitted. You will still have to go through the C&P exam.

A private doc can't do the initial DBQ for VA purposes - must be a VA provider for

initial PTSD diagnosis and nexus.

Please provide a link to support,

"The VBA has a smaller time frame to respond once the form is submitted".

Thanks

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Good point, however it is okay to talk about family especially when your illness is impacting your relationship with your family such as marital problems. The passage below is published by the VA for healthcare providers.

The part of your post I made green and underlined at the top -

is from 38 CFR - Part 4 - Schedule Of Rating Disabilities (Mental Health).

Part 4

http://www.ecfr.gov/cgi-bin/text-idx?SID=5021bbc743ff7c40df4ef9ee67ad3569&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

Part 4 - Mental Health

http://www.ecfr.gov/cgi-bin/text-idx?SID=5021bbc743ff7c40df4ef9ee67ad3569&node=38:1.0.1.1.5.2.111.73&rgn=div8

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I got my psych work at kaiser permanente. I still go there. They only diagnosed me with ptsd at my c&p exam for my va claim. The best thing you can do is look in your medical records to see if something in your files support your claim. That proves something happened during your service that caused your issues. Every claim is different. What works for you might not work with somebody else and vice versa. My main defense in my claim was my medical records. It showed that I went to sick call for my back more than twice. That helped me with my physical pain. Then I looked in my paperwork where they requested psych treatment for me because I expressed violent tendencies. That really helped me in my claim. But all my psych work was not at the va because I wasn't service connected. I told them I wanted to kill myself and I still couldn't be seen so I had no other choice but to go to private help for my mental. Just sharing my experience. GOOOD luck bro

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So I have an appointment today with a VSO I think. So finally getting the ball rolling. The only thing that concerns me is they are going to want me to sign a power of attorney and I'm not sure I'm cool with that.

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