ptsd Ptsd Misdiagnosis Question

[OneTime]

Hi guys...

Since this is my first post, a quick history:

USA active duty 1999-2005

USA Reserves 2005-2007

OIF 1 Feb 2003- Feb 2004

In 2010 I originally enrolled in the VA healthcare system. During my initial psych eval, I was told by the doctor that I did not have PTSD but was mildly depressed from my recent divorce and was treated for that on an outpatient basis for about 6 months when I was released from care. Since she told me I didn't have PTSD, I never attempted to file a claim.

My symptoms have worsened over the years and due to the urging of my friends, I finally filed a claim September 2013. Last month I had my C&P appointment for PTSD where she said not only did I have PTSD but she thinks I was misdiagnosed in 2010. My claim has since completed and I was rated at 50% for PTSD. The VA is giving me retroactive pay to September 2013.

My question is this:

Do y'all think I should appeal the date back to 2010 on the grounds that I was misdiagnosed in the first place? Do any of you think it'll be worthwhile or will it be a waste of time?

Thank you all for your service and your time.

[Navy04]

I would not argue with them bud. I was medically retired last year from the Navy. I went thru the new IDES system and I was low balled on my PTSD. The VA rated me only at 30% last Feb 13. I spent 10 Active, and 5 of those years in OIF/OEF. I spent 3 months in a Civilian Mental Hospital while I was stationed in New Orleans in 2012. When I had my C&P for PTSD Increase in Feb 14, the Psych Examiner actually put in the exam notes that I met 100% for PTSD in 2013 when I was retired. So I actually had it on paper that the VA messed up, but I did not fight it. I just made 100%, and when I look at the back pay, It would only be $2500. It was not worth it for me fight it for a few bucks. You can always argue anything with the VA, it is just up to you to figure out the fight. I am 100$, and I just submitted for 5 conditions that the VA denied at first, I have all the MRIs now, and put in for 2 more new conditions that I did not know that I could claim for when I got out last year. This VA stuff is so new to me, but thanks to the good folks on here, and reading all the Govt Policies, I was able to win in the end. God Bless you and good luck.

[11cvolley]

Hi guys...

Since this is my first post, a quick history:

USA active duty 1999-2005

USA Reserves 2005-2007

OIF 1 Feb 2003- Feb 2004

In 2010 I originally enrolled in the VA healthcare system. During my initial psych eval, I was told by the doctor that I did not have PTSD but was mildly depressed from my recent divorce and was treated for that on an outpatient basis for about 6 months when I was released from care. Since she told me I didn't have PTSD, I never attempted to file a claim.

My symptoms have worsened over the years and due to the urging of my friends, I finally filed a claim September 2013. Last month I had my C&P appointment for PTSD where she said not only did I have PTSD but she thinks I was misdiagnosed in 2010. My claim has since completed and I was rated at 50% for PTSD. The VA is giving me retroactive pay to September 2013.

My question is this:

Do y'all think I should appeal the date back to 2010 on the grounds that I was misdiagnosed in the first place? Do any of you think it'll be worthwhile or will it be a waste of time?

Thank you all for your service and your time.

Its not worth it imo. If you ever feel you should be higher than 50%, your claim for a further back pay will prob still be pending and an increase claim won't start until the first is done. Be happy that they didn't low ball you to 30%. My doctors all say I was lowed balled with my 70% rating.

[Philip Rogers]

Personally, if it were me, I would. You only have time to lose. You're talking, plus or minus, $18k. If you don't appeal, they win!!! Years ago they awarded me 30% and I jumped w/joy, until I realized they were screwing me. Took me 10yrs but I won back to day one, 100% P&T. jmo

pr

[john999]

You can go for higher rating at the same time you go for retro back to time you were first misdiagnosed. If you are unable to work the first thing is to try and get TDIU or 100%. You could include your claim for retro in your claim for increase. For increase you need an IMO/IME. Are you able to work? This is usually the cutoff between 70%-100% level of disability. If you can't work apply for SSDI as well. I basically agree with Phil's idea that if you don't ask you don't get. I don't think they will reduce you. Are you getting therapy for PTSD at the VA or Vet Centers? I would try and find a private shrink or psychologist who would treat and write letters for me. These guys are not constrained by VA rules and will write and say your PTSD is much worse than 50%.

John

[Berta]

Lost here a little ....the veterans didn't file a claim

"Since she told me I didn't have PTSD, I never attempted to file a claim."

I don't know how the veteran can appeal the EED they gave him.

On the other hand he could possibly file a claim under Section 1151, if the misdiagnosis in 2010 caused him additional disability.....

one could argue that his PTSD, properly rated now at 50%,was the additional disability.

A lot might depend on whether this statement is documented in the med recs and/or the C & P exam results.

"Last month I had my C&P appointment for PTSD where she said not only did I have PTSD but she thinks I was misdiagnosed in 2010."

"Do any of you think it'll be worthwhile or will it be a waste of time?"

You could use both tactics, appeal the EED with a NOD and file, as a separate issue, the Section 1151 claim.

I suggest referring to the Section 1151 in the NOD for the awarded claim and vice versa, refer to the recent decision in the 1151 claim.

Info here on 1151 claims in the FTCA forum.

The VA ,in my past 2 claims ,acknowledged and paid for , two separate AO conditions my dead husband had been misdiagnosed with that had contributed to his death( actually they never were diagnosed or treated at all by VA in his lifetime as a VA patient.)

They also, 2 years ago , properly acknowledged a Section 1151 issue for another misdiagnosed condition he had.incurred twenty years ago.

The medical records revealed he had all of these conditions they had never treated.......

I not sure if a NOD would work but I would file both the NOD and a Section 1151, because, in my personal experience,

Nothing is impossible ,if one is willing to fight back.

[john999]

I see your point, Berta. I missed the fact he never filed a claim. Like you say if his current doctor backs him up then the Section 1151 makes sense. Probably go forward for a higher rating now at the same time he works on Sec. 1151. As you say "Did the exam reference the misdiagnosis of PTSD or was that just talk between vet and exam doctor?".