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]

That does not look right to me.

I see this all the time: the examiner marks symptomatology for PTS and other mental health conditions, but assigns a rating that is not consistent with those observed symptoms and limitations.

We just started working with a client who had something VERY similar happen - symptoms documented by the Examiner support a 50% rating, but the rater only gave a 30% rating.

Why do they do this? Raters aren't medically trained, and I believe take a gamble that most Vets don't know that they can appeal the determination of an Impairment Rating through a Notice of Disagreement (NOD).

The solution: file a NOD asap and challenge the low ball impairment rating. Here are a few blog posts to help get you started:

1) Read more here about the "Mystery of Impairment Ratings"

2) Here are 6 ways to challenge the C&P Examiner's evaluation. (These are NOT the only ways - just some common challenges we make in our cases).

3) Here are 8 Tips for making sure that the VA didn't "low-ball" your PTS rating (the theory is the same for all mental health conditions, as they use the same ratings table regardless of the actual mental health condition service-connected).

4) Read about the Mauerhan case: it is one of the 10 Cases Every Veteran should know - and it is an admonishment that in mental health rating, the VA MUST consider factors outside the Rating Table that impact a Veteran's occupational and social limitations.

Hope those help!

Chris

Thanks very much, Im going to read all the info,!!!

also Mr, Attig I see u were stationed on Ft,Hood, I was there from around 93 to 95. we were HET UNIT. combat support. we hauled the M1 Abrams tanks around. I see u were MRLS.. they wreaked havoc during desert storm, I wouldnt want ot be on the recieving end of a barrage from that weapons system. it should be called the AHBL system. ALL HELL BROKE LOOSE.

Also FT.Bragg now has more troops than Hood/

Edited June 30, 2014 by 63SIERRA

[63SIERRA]

New to this mental health stuff, but read where now they are using the Beck Depression Index. this is what they wrote for my assesment, which I would think further indicates I should get at least 30 percent, becase it says moderate

BDI2 Score: 20 indicates moderate depression. The overall range is 0 to 63
with moderate depression between 20 - 28.

Edited June 30, 2014 by 63SIERRA

[Pete53]

My old VA shrink used to tell me not to use big words at C&P it confuses them.

[63SIERRA]

A six year old could look at this and see, that the wrong box was checked for the symptoms that were indicated, and the Beck score recorded/.

it is nothing more that a tool given to the RO from the CP examiner to lowball me.

I will bet my left testicle, that when I get my rating, the only thing in the denial will be something that refers to the box the examiner checked., It will say nothing abt the BECK score, or the 3 diagnosed symptoms that go in the 30 percent box, or the one in the 50 box.

And furthermore, just the fact that the CP examiner is involved in the claims process is shocking. The CP examiner has to know that the box she checked means 10 percent, it is verbatum out of the 38 cfr... Its like a perfect set up between the CP and RO.

Edited July 1, 2014 by 63SIERRA