ptsd To Appeal Or Not To Appeal Mdd Denial

[surfhn]

On my VA notes from myhealthevet the Psychologist ammended her conclusions about a month after my C&P exam for PTSD. She noted that I had MDD and that my GAF score was 56. She also stated that my MDD was at least as likely as not contributable to military service. However I was denied the award for compensation and rating. I need some advise on wether or not I have an appeal. I am just confused because of what the doctor noted and the outcome of being denied. I did also have a seperate claim for depression. Any advise would be appreciated.

Thanks!

[free_spirit_etc]

You certainly should address that. I am not sure whether filing an appeal, or asking them to CUE their decision might be the best way to go. What did your denial letter state the examiner said? They might have completed that before she updated the report. You might just be able to ask them to review it based on her amended report.

[Berta]

"On my VA notes from myhealthevet the Psychologist ammended her conclusions about a month after my C&P exam for PTSD. She noted that I had MDD and that my GAF score was 56. She also stated that my MDD was at least as likely as not contributable to military service. However I was denied the award for compensation and rating. I need some advise on wether or not I have an appeal."

Since she 'amended' her diagnosis and apparently VA ran with that, you too can 'amend your claim and say it is for MDD due to your service.

You certainly have appeal rights but the diagnosis has to be straightened out sooner than later.

I think maybe you need to write Attention to: and then put the initials that appear in the Re: that holds an alphabetic,numeric code to the right hand side of the letter and tell the VARO that a clear and unmistakable error was made by VA when the diagnosis you thought you had (PTSD)has been noted as changed to MDD by the VA doctor, and has been attributed to your military service.

Tell them that there is no good cause for VA to deny your PTSD claim because you are not a VA Mental Health Professional ,capable of making your own diagnosis and you want the present claim you were denied on, amended to reflect the proper diagnosis.of MDD and you want the denial to be amended into an award letter for MDD.

[free_spirit_etc]

Yes. That.

[surfhn]

In the initial exam the Dr. stated that there was no diagnoses of PTSD, then she says veteran has another Axis I and/or II diagnoses. The diagnoses she gives is MDD, chronic, severe and indicates Axis category I, Axis III says see medical records. Axis IV Psychological an Environmental problems...family relationship problems, multiple marriages, social withdrawal, marital discord. GAF 56. All in all she says the stressor I experienced does not meet criteria for PTSD, but it is related to veterans fear of hostile military or terroist activity. She goes on to say that I was not exposed to a traumatic event. In the next criteria, she says that the traumatic event is persistently re-experienced in the following ways: distressing dreams of the event, intense psych. distress at exposure to external and internal cues thst symbolize or resmeble an aspect of the event. In criterian C she says many things about emotions: feeling detached, diminished interest, lack of ability to show emotions (loving feelings).

Criterian D: difficulty falling and staying asleep, irritability and outbursts of anger, difficulty concentrating, and exaggerated startle response. Then in Criterion E, she says that veteran does not meet full criteria for PTSD. For VA rating purposes she says that I have : depressed mood, anxiety, suspiciosness, chronic sleep impairment, disturbances of motivation and mood, difficulty in maintaining and establishing effective work and social relationships, and difficulty in adapting to stressful circumstances. Then, in her remarks from the initial exam she states, "veteran claims PTSD. Veterans presentation of sxs ( I guess that is symptoms) meet criteria with MDD......veteran has history for treatment of depression, multiple failed marriages...... At the end of her initial exam she says, "no medical opinion requested". I am not sure what no medical opinion requested means. This was the initial exam and was conducted on 7/23/2013.

On 9/17/2013, she makes a "requested addendum" where she states, " This examiner reviewed c-file and examination report of 7/23/2013. Veteran has no pre nor military history of mental health treatment or complaints, worked successfully in a fedreal position, but has struggled socially historically since military experience. Veterans MDD is at least as likely as not related to military service. Veteran claims PTSD. Veterans presentation of sxs(symptoms) meet criteria with MDD. Veteran has a history of mental health treatment of depression, multiple failed marriages and poor relationships with adult children. Veterans occupational history has been fairly stable.

I originally filed a claim for depression in 2004--that was denied because, quite frankly, I really did not know the process of filing claims and was lazy in submitting paperwork. I filed again last October and had my exam this past July. The reason the VA states the claim is denied this time is because the evidence does not show the condition was incurred in or aggravated by military service. I am confused because the Dr says that it is, at least as likely as not related to military service.

I would like to know if I have a good reason to appeal, or should I do anything. Thanks for any advice.

[71M10]

It appears you have a very good reason to appeal. Additionally, from things you indicated in your post, I don't know if going it alone is the best solution for you (it appears your disability works against you). I would suggest you find a reputable attorney to represent you on your appeal. They will generally get 20% of your retro, but in general, they will work hard to ensure the earliest effective date and rating (what they get is proportional to what you get).

[Berta]

“All in all she says the stressor I experienced does not meet criteria for PTSD, but it is related to veterans fear of hostile military or terroist activity .” Say what????

"no medical opinion requested". “I am not sure what no medical opinion requested means.”

Sure beats me

“The reason the VA states the claim is denied this time is because the evidence does not show the condition was incurred in or aggravated by military service. I am confused because the Dr says that it is, at least as likely as not related to military service. “

You didnt claim MDD,which the doctor DID relate to your service, because you didn't know you had MDD.

“I would like to know if I have a good reason to appeal, or should I do anything. Thanks for any advice.”

Again I suggest you send a letter to the RO ( use the raters initials in the RE: to right hand side of the denial letter) using the above post I made for you, as to asking them to call a CUE on the decision.

You can appeal this but your appellate rights have already been compromised by the diagnosis.

As I stated, since the VA doc amended the diagnosis, you can amand your claim to reflect the proper diagnosis.

If you have a vet rep ask them to support my advice above.

If they dont get it , they can read how I used this tactic at hadit.

Or you can ask for a DRO hearing,if there is still time.

Maybe that would fix this.