This Doesnt Look Right

[63SIERRA]

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
diagnoses:
[X] Depressed mood
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
events
[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
recall
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
occupational
and social impairment with regards to all mental diagnoses? (Check only
one)

here
[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.
/es/

Edited June 24, 2014 by 63SIERRA

[63SIERRA]

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.

John

in the 38 under 30 percent it says mild . see mild memory loss? as far as the others, she doesnt describe my chronic sleep impairment as mild,? it just doesnt make sense.

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

[hmcquade]

I interpret the CP as she is giving you an overall a mild diagnosis, some impairment, mood disorder/depression, the GAF scores are no longer used.

She indicated that your symptoms are controlled by meds. I have patients that work and are on psych meds. I would get a Psych eval IME that will prove you are not able to work due the Mental Health problems/Medical issues.

Good luck with the RO, I hope you get the 30%

Hugh

Edited June 25, 2014 by hmcquade

[63SIERRA]

im not on meds for depression im on pain meds only.

They give me headaches from hell. Thats why I stopped taking them in 04

Edited June 25, 2014 by 63SIERRA

[63SIERRA]

heres the way it works, its heads they win tails you lose.. They manipulate everything to lowball the ratings.

[63SIERRA]

I interpret the CP as she is giving you an overall a mild diagnosis, some impairment, mood disorder/depression, the GAF scores are no longer used.

She indicated that your symptoms are controlled by meds. I have patients that work and are on psych meds. I would get a Psych eval IME that will prove you are not able to work due the Mental Health problems/Medical issues.

Good luck with the RO, I hope you get the 30%

Hugh

Hugh are you still licensed? can you give IMOs?

Hugh you hit the nail on the head, my mental issues do not stand alone, they are tied into my other health problems like sleep apnea, resids of hepc, removal of kidney, removal of adrenal gland, spondylolysis, ect. So that is exactly what I need. a comprehesive, full panel assesment, of how it all ties together, the big picture. The bottom line is, that I cannot hold doWn a legitimate job due to all of this, there fore TDUI is in order. THATS WHAT I NEED.

The VA wants to deek around and piecemeal everything, and minimalize things.

Edited June 25, 2014 by 63SIERRA

[john999]

Sierra

I would wait for the rating and then go get an IME and file your NOD. I probably would ask for a DRO Hearing. You can examine the IME and make sure it fits the bill before you send it in to the VA. I was given low ball rating, and the IME's are what saved me. I was filing for SSDI at the same time for the same thing, so I had three IME's. One thing about the VA is that if you have a disorder like depression you should be accepting meds. What you do with them is your own business. You know the VA believes that if you are not on meds you are cured or have minor problem. This is my opinion anyway.

John