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This Doesnt Look Right



heres the regs for mental health for 30 and ten percent. On my recent CP exam, most of the symptoms fall under the 30 percent symptoms, but in the question where they ask the CP examiner which most fits, she checked the 10 percent box

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

heres what she wrote

Difficulty adjusting and depressed mood was at least as likely as not (50
percent or greater probability) incurred in or caused by his medical
conditions. His records indicate being prescribed an anti-depreesant in 2003
and 2004, however, his symptoms have exacerbated since the onset of his

or VA rating purposes, check all symptoms that apply to the Veteran's
[X] Depressed mood
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
[X] Disturbances of motivation and mood
Behavioral observations:
Mood was described as "tired." Affect was noted to be
appropriate to the
content of the conversation. He was neatly dressed and groomed. There
were no gross cognitive impairments noted at the time of interview. Eye
contact, for the most part, was appropriate. He was oriented to person,
place, and time. His manner of speech was of normal rate, rhythm, and
volume. He presented as friendly and receptive to the evaluation
procedures. His thought processes were coherent and goal directed. There
was no report or observation of hallucinations or delusions. Attention
and concentration were appropriate. His short and long term memory
was WNL. The patient did not express suicidal/homicidal ideation.
3. Occupational and social impairment
a. Which of the following best summarizes the Veteran's level of
and social impairment with regards to all mental diagnoses? (Check only

[X] 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 medication
b. For the indicated level of occupational and social impairment, is it
possible to differentiate what portion of the occupational and social
impairment indicated above is caused by each mental disorder?
[ ] Yes[ ] No[X] No other mental disorder has been diagnosed
medical problems and surgeries.

Edited by 63SIERRA
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so what does it all mean for me. thanks to all opinions.

3 of the stated diagnosed symptoms checked are in the 30 percent box, and one in the 50 percent box,so this is confusing to me,that she checked the box that most fits my symptoms as the 10 percent criteria. when none of my symptoms are in that box?

Maybe a honest mistake? maybe same ole same ole, lowball BS?

now yall see what they do to me? every damned claim i file, this is the kind of shenanigans I have to endure.

Edited by 63SIERRA
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She says you have "mild" symptoms which means 10%. The exam does not make sense to me. God knows what the VARO will make of it, but I bet they go with the "mild" symptoms. All the descriptions of your dress, eye contact, friendliness, are negative for you to getting a higher rating. I would appeal and get an IME when you get the decision. She says you have depressed mood, sleep disturbance and memory problems. That sounds like it should be worth 30%, but she then blows that away with other statements. For years I had a 10% rating with a DX of schizophrenia. Most with schizophrenia are 100%. The rating and the DX are totally at odds. It took IME's to beat that dumb rating. You have hadit so you can win.


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I'll have to agree with john, 63sierra, it's the same tune as usual. Look at it this way, you know the drill by now with the way claims go. As long as its' sevice connected and/or residual to your service connected conditions then you have already won a great deal. Just fight for everything else that you are entilted to by the regs and your treatment records. It seems that an IME/IMO is frequently needed to combat the VA bs. In any case now the waiting game begins and you have to wait for the brown envelope. Best of luck. Keep fighting.

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10% or 30% if lucky, based on Occupational statement, and the fact that the Doc only checked off a few symptoms. I am rated at 70% with a low GAF score and probably 15 different boxes checked off. Good luck and keep us posted bud.

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