ptsd Raised Issues From C&p Exam & Eed

[jstone1950]

Had a c&p exam on June 17, 2013 for mental disorders other than ptsd, particularly for increase fir adjustment disorder at 30% .sc residuals from prostate cancer surgery and later radiation after cancer return. The examiner diagnosis was Mood Disorder NOS, ICD code 296.90 axis category I.

Further checked:

Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, and/or mood.

Depressed mood,

Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively

Chronic sleep impairment

Fattened effec

Disturbances of motivation and mood

Difficulty in establishing and maintaining effective work and social relationships

Difficulty in adapting to stressful circumstances, including worklike setting or work

Inability to establish and maintain effective relationships

Suicidal ideation

Impaired impulse control such as provoked irritability

The examiner further states:

It is felt that his adjustment disorder diagnosis is better accounted for at this point by the broader Mood Disorder NOS diagnosis , although their certainly is strong evidence that his depressive symptoms date back to his time in the military and are more likely than not caused by his noted military stressor. Symptom intensity appears to be overall severe with spikes to very severe during periods of stress.

My question(s) are since I have applied for depression, stress headache, ptsd in the past and been denied, do I have a good chance of reopening those issues with earlier effective dates.

I, m a Vietnam vet with agent orange due to prostate cancer at present with temp 100%. Your input is greatly appreciated

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[jstone1950]

Can I get more replies and or comments on these issues.

[Berta]

“After a few years the Army discharge review board upgraded that discharge to general under honorable conditions and restored rank to generale5. So I have a prior service honorable an honorable and general under honorable conditions for a total of three. “

Good for you! I sure commend you for fighting that OTHD.

“When I applied for the depression the first time I was denied "issue diagnosed during a period for VA purposes to be dishonorable more than a202 days AOL". Prior to this mentioned AWOL I had a perfect record and other awards. I don't know what was happening to me except I was tiredI all the time and had bad headaches. Eventually until I was diagnosed with pc, I was sc for hep, and alpecia areota at 0%. As stated PTSD, depression, tension headaches had all been consistently denied even with prior PTSD diagnosis from a VA doctor in 1992, “

So, in essense you had a diagnosis from a VA doc in 1992, yet VA denied ...probably due to not knowing the DRB had given you a General for that period?

Sorry if I asked this before.........

Have you claimed PTSD in the same claim you had the recent C & P for?

I ask because of this:

“Had a c&p exam on June 17, 2013 for mental disorders other than ptsd, particularly for increase fir adjustment disorder at 30%”

The ratings of all MH issues are basically te same criteria ion most cases.

But I think the VA owes you some cash from the older PTSD denial.

I am not sure what you should do here.......certainly the new decision will give us all a clue as to how to proceed.

“The examiner further states:
It is felt that his adjustment disorder diagnosis is better accounted for at this point by the broader Mood Disorder NOS diagnosis , although their certainly is strong evidence that his depressive symptoms date back to his time in the military and are more likely than not caused by his noted military stressor. Symptom intensity appears to be overall severe with spikes to very severe during periods of stress. “

It almost seems to me that PTSD was not an issue here at all....yet you could certainly appeal this (maybe even file a CUE against them on the decision during the appeal period) because I do expect them to rate you properly, yet

1. a VA doctor diagnosed you with PTSD in 1992.

2. you certainly have a stressor nexus in the recent C & P

3. the C & P doctor made a ballpark statement as to your military service period,without any regard for the OTHD you successfully got changed around.

4. The Mood disorder and depression could have been part and parcel and symptomatic of the PTSD.

5. The older decision denying you for PTSD, in my opinion, could be CUEd.

I sure hope others chime in here.

VA lumps all MH issues into one single rating.In a way it doesn't matter if they call a MH issue depression, PTSD, or MOOD disorder, or adjustment disorder ...the comp and rating should be the same.

In your case however, it looks to me that VA is unaware of the fact tat their past PTSD denial was based on a military record (the OTHD) that has been significantly altered by the DRB.

Therefore.....I am sure there would be a way to recover a better EED than what one would expect with this more recent claim.

“Served in Vietnam from 1969-70. “

Hell -VA didn't even recognize PTSD until 1983.

When did you first file for PTSD?

“even with prior PTSD diagnosis from a VA doctor in 1992, “

Do you have a complete copy of your med recs?

It would be great if you could scan and post that older denial (cover the personal stuff) but maybe best to wait for the decision on this newer claim.....

I get your point completely here.

Do you have a copy of the DRB decision if you need it?

Actually this might be the key to a better EED:

“When I applied for the depression the first time I was denied "

If this was claimed , as separate from the PTSD claim, and denied prior to the DRB as it appears it was, then that might be the decision to file a CUE on.

[jstone1950]

I applied immediately in 92 for PTSD, chronic sinusitus and tension headaches and denied on them all. Also VA stated they did not have to recognize that discharge because it was from ADRB instead of Board f Military Corrections in the case of AWOL who denied me also with record I had as stated above and barred ne from the old GI bill. They also stated for VA purposes that period was considered dishonorable without regard to my Vietnam service during a prior and separate period. I''ve done stone internet research as to EED that it is possible to obtain if it can be exhibited that the veteran was insane at the time of the alleged issue and that VA definition of insanity is that the claimant had deviated significantly from his normal behavior pattern. Can I get your views and thoughts on this and anything else you might add. O yes I do not have access to a scanner at time.

[jstone1950]

P.S. Also noted on my benefit site that VA has added depression as new to my requested issues for increase and that they are in the preparation for decision phase whatever that mean; however, I did't see an addition fir radiation proctitis that was diagnosed on this latest c&p. Thanks for your response.

[jstone1950]

I talked to VA today to get my status. They stated that I was scheduled for a decision on Aug 31 but due to my inquiry on Sep 10 concerning my claim of proctitis for two years delayed the process to investigate such. Now it's near Nov and this round is almost a year. Thxs for input.

[Berta]

I applied immediately in 92 for PTSD, chronic sinusitus and tension headaches and denied on them all. Also VA stated they did not have to recognize that discharge because it was from ADRB instead of Board f Military Corrections in the case of AWOL who denied me also with record I had as stated above and barred ne from the old GI bill. They also stated for VA purposes that period was considered dishonorable without regard to my Vietnam service during a prior and separate period. I''ve done stone internet research as to EED that it is possible to obtain if it can be exhibited that the veteran was insane at the time of the alleged issue and that VA definition of insanity is that the claimant had deviated significantly from his normal behavior pattern. Can I get your views and thoughts on this and anything else you might add. O yes I do not have access to a scanner at time.

I dont get it:

“I was drafted my first term in the Army in 1969 to 1972. Served in Vietnam from 1969-70. “

I have worked with Vietnam combat vets in a vet center and I sure assume you got PTSD due to Vietnam.

“I applied immediately in 92 for PTSD, chronic sinusitus and tension headaches and denied on them all. Also VA stated they did not have to recognize that discharge because it was from ADRB instead of...”

So the VA used your bad paper period of service to deny PTSD that I assume involved at least one major stressor from your service period in Vietnam.

If that is how the VA worded that denial ,then the denial, in my opinion should be CUEd. Lots of info here in our CUE forum.

However I am making guesses here because I cant read that older decision and there is a chance that the new decision might contain more info.

It is possible that in the 1992 claim you gave a stressor from a post Vietnam time of service period. But I dont know.

Do you have a vet rep helping you on this current claim?

Someone needs to really read over your stuff from the VA. It doesn't make sense to me that they denied PTSD in 1992.

You also might need to attain a vets lawyer to help you if their next decision doesn't seem right.

Insanity:

“Mental illness is not identical to insanity. Beck v. West, 13 Vet. App. 535 (2000). The predicate for insane behavior for VA purposes generally is a persistent morbid condition of the mind characterized by a derangement of one or more of the mental faculties to the extent that the person is unable to understand the nature, full import, and consequences of his acts such that he is a danger to himself or others. VAOPGCPREC 20-97. In effect, he is rendered incapable of managing himself or his affairs, a concept akin to the level of incompetency generally supporting appointment of a guardian. Id.”
The decisions adds further ino on that and then states:
“While an upgraded discharge by a discharge review board can be an exception to this rule, such a decision has no bearing on a discharge under 38 C.F.R. § 3.12©. See 38 C.F.R. § 3.12(g). Therefore, while the appellant was given an upgraded discharge by the Army Discharge Review Board, this has no impact on the appellant's eligibility for VA benefits as he was discharged for being AWOL to include a continuous period in excess of 180 days. 38 C.F.R. § 3.12©.”

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files4/1224524.txt

There are lawyers on the net with experience in Military Discharge law:

http://www.alanedmunds.com/military/discharge/

http://www.morganweisbrod.com/faqs/can-i-get-va-disability-benefits-if-i-was-dishonorably-discharged.cfm

http://www.avvo.com/legal-answers/how-do-i-get-va-benefits-if-dishonorable-discharge-1334102.html

However I am concerned here that you might not have appealed the BCMR decision in time.

Some lawyers with this type of expertise will chat on line with you and some will access your case for free and then develop a fee for their help.

However, you have a decision in progress so maybe best to wait for that.......

Was the stressor the VA doctor based their PTSD diagnosis on, one from Vietnam and that period of your service?

We have a lot of info here,available under a hadit search...I use instead the search term and put hadit.com after it and then google it)

on DRBs and BCMRs but I think the biggest problem you have is within that 1992 decision.

And I am taking an educated guess on that because it doesn't make sense...if the stressor stemmed from your service period in Vietnam.