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Ptsd Claim Opinion.

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jaszper

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Hello all and thanks in advance for any help. So I'll try and make this as clear and concise as I can. I'm 30% SC already for injuries that happened in the military. I put in my ptsd claim in 2010 and was given a 10 minute c&p that was terrible. I was originally denied for lack of stressor event proof. I put in my NOD and received another letter that said denied for lack of evidence of stressor event. So that's twice I've been denied because of lack of proof the events happened. One of my problems with it is that the reason I'm SC for the 30% is because of 2 separate incidents that happened in the military that caused and then made the PTSD worse. The first incident was in 2001 while in AIT I was walking and hit by a hit and run driver. Multiple injuries from that. 2 that I'm SC for. I then deploy to Iraq in 03 for the initial push. I have multiple incidents from that. The day I'm back from that deployment I end up getting attacked by other soldiers and wind up in the hospital for about 3 weeks. Multiple injuries once again 1 that I'm SC for. Sorry if I'm taking to long to get to the point. So I've been diagnosed by the VA for PTSD since 2004. I have been being treated and medicated for it off and on since that time. Fast forward back to the present and I submitted my form 9 back around the beginning of August of this year. I randomly received a call 3 weeks ago and was told I had a C & P exam for MH. I showed up and was honest and up front. I got a copy of the exam a few days ago and think it was in favor for rating me. If I can figure out how to post it here I will. If anyone needs anymore info about the situation please ask because I'm not sure I explained the situation very well.

My main questions are:

How can the va deny something happened that they SC me for?

Is it possible that the new c&p exam will reverse the decision and get me a rating before I go in front of the board? Timeline for that if possible? I'll post more details if anyone has questions. Thanks in advance.

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LOCAL TITLE: C&P EXAM
STANDARD TITLE: C & P EXAMINATION NOTE
DATE OF NOTE: SEP 24, 2014@09:30 ENTRY DATE: SEP 24, 2014@17:06:49
AUTHOR: SCHLIEVERT,KIMBERLY EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Initial Post Traumatic Stress Disorder (PTSD)
Disability Benefits Questionnaire
* Internal VA or DoD Use Only *
Name of patient/Veteran:
SECTION I:
----------
1. Diagnostic Summary
---------------------
Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteria
based on today's evaluation?
[X] Yes [ ] No
ICD code: 309.81
2. Current Diagnoses
--------------------
a. Mental Disorder Diagnosis #1: PTSD
ICD code: 309.81
Comments, if any:
Related to several traumatic events in the service, which are
detailed below, in the stressor section.
***The veteran was questioned in detail, about his family life,
growing up, because it stated that he had an "abusive family
life."
The record indicates that the veteran was "hit" as a child. When I
questioned him, regarding this, he said he "father hit him a
couple
of time, and was careful to clarify that it was a "hit 2x I think"
and not a beating or an assault. He does not appear to have the
s/s
of PTSD related to being hit, but does appear to have it, in
relation to the events in the service, with being hit by a car;
the
gas threats in Iraq, and being assaulted in Germany when he got
back from Iraq. For this reason, PTSD is diagnosed as service
related, and not an aggravation of a condition, beyond the usual
course of that disorder, by the service (i.e. because of his early
life experiences of being hit).
Mental Disorder Diagnosis #2: Borderline line personality disorder
ICD code: 301.83
Comments, if any:
Secondary to his early family life, that was led by a single
alcoholic father, who sometimes hit the veteran, a mother than
abandoned the family when the veteran was ages 2-3, and a
childhood
where he did not feel connected to his adoptive mother, and where
there was deprivation.
Personality Disorders:
Personality disorders are usually related to developmental
issues/lesions that occur in early childhood, and are both
pervasive and long-standing throughout the life-span. A
personality
b. Medical diagnoses relevant to the understanding or management of the
Mental Health Disorder (to include TBI): Please see the remarks section
for a list of the CPRS problem list, and psychotropic medication, if
prescribed.
3. Differentiation of symptoms
------------------------------
a. Does the Veteran have more than one mental disorder diagnosed?
[X] Yes [ ] No
b. Is it possible to differentiate what symptom(s) is/are attributable to
each diagnosis?
[X] Yes [ ] No [ ] Not applicable (N/A)
If yes, list which symptoms are attributable to each diagnosis and
discuss whether there is any clinical association between these
diagnoses:
PTSD: Re-experiencing; flashbacks; nightmares; intrusive thoughts;
avoidance; physiological correlates (increased heart rate,
diaphoresis, rapid breathing). Negative mood, affect, and
cognitions; and s/s of hyperarousal, sleep disturbance, and
guardedness.
------------------------------------------------
Borderline personality disorder:
Personality Disorders:
Personality disorders are usually related to developmental
issues/lesions that occur in early childhood, and are both
pervasive and long-standing throughout the life-span. A
personality
Veteran has s/s of emotional dysregulation.
He has a hx of suicide gestures, cutting and burning.
Hx of substance abuse.
Hx of spending haphazardly.
Jealousy, fear of being abandoned.
Threatening to hurt others.
Feelings of emptiness.
c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?
[ ] Yes [ ] No [X] Not shown in records reviewed
4. 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)
[X] Occupational and social impairment with deficiencies in most areas,
such as work, school, family relations, judgment, thinking and/or
mood
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?
[X] Yes [ ] No [ ] No other mental disorder has been diagnosed
If yes, list which portion of the indicated level of occupational and
social impairment is attributable to each diagnosis:
It should be stated that this percentage is only an estimate, as I
have not observed the veteran at work or in his social life, and
therefore this is not an empirically driven statistic, but an
attempt to quantify his disorders.
PTSD=70%
Borderline personality disorder=30%
c. If a diagnosis of TBI exists, is it possible to differentiate what
portion
of the occupational and social impairment indicated above is caused by
the
TBI?
[ ] Yes [ ] No [X] No diagnosis of TBI
SECTION II:
-----------
Clinical Findings:
------------------
1. Evidence review
------------------
In order to provide an accurate medical opinion, the Veteran's claims folder
must be reviewed.
a. Medical record review:
-------------------------
Was the Veteran's VA e-folder (VBMS or Virtual VA) reviewed?
[X] Yes [ ] No
Was the Veteran's VA claims file (hard copy paper C-file) reviewed?
[X] Yes [ ] No
If yes, list any records that were reviewed but were not included in the
Veteran's VA claims file:
If no, check all records reviewed:
[ ] Military service treatment records
[ ] Military service personnel records
[ ] Military enlistment examination
[ ] Military separation examination
[ ] Military post-deployment questionnaire
[ ] Department of Defense Form 214 Separation Documents
[ ] Veterans Health Administration medical records (VA treatment
records)
[ ] Civilian medical records
[ ] Interviews with collateral witnesses (family and others who have
known the Veteran before and after military service)
[ ] No records were reviewed
[ ] Other:
b. Was pertinent information from collateral sources reviewed?
[X] Yes [ ] No
If yes, describe:
There was a buddy statement by ----------, that was brief, but stated
that she remembers the veteran having a broken leg after he was attacked
in Germany, when they were both stationed in the barracks.
Also there was a buddy statement that talked about the assault on the
veteran in Germany, after just returning from Iraq (in August 2003). He
details the same information that was provided by the veteran, in
discussing this stressor.
2. History
----------
a. Relevant Social/Marital/Family history (pre-military, military, and
post-military):
FAMILY-OF-ORIGIN:
LIST THE DIFFERENT FAMILY MEMBERS THAT WERE LIVING IN YOUR FAMILY
HOME,
AND WHAT CHILDHOOD WAS LIKE FOR YOU:
The records indicates that the veteran grew up in a difficult family;
his father was alcoholic, and the veteran often took care of him, when
he was intoxicated. Also according to the record, the veteran's mother
abandoned the family, when he was ages 2-3. The notes indicated that
there is an older sister (approximately two years older), as well as
step-sisters, and the veteran said they had typical sibling rivalry.
The veteran was "removed from his birth mother" (10-29-13 Clinical
Interview). He had an adoptive mother, that married his biological
father, but he does not feel close to them. "I lost every relationship
with everyone in the past year."
When questions about his family life, the veteran described being
raised by a single father (until he married the veteran's adoptive
mother), who was alcoholic, an whom he had to sometimes care for, when
he [the dad], was drunk. He had grandparents who he saw until he was
aged 10-11. "I did not want for anything."
The veteran indicated that there was some emotional abuse. He said
that
for the most part he was not fearful of his dad, nor did he worry
about
being in danger. He said that he was just aware, that when his dad
drank, he had to "behave in a certain way." When asked for more
information, he just tried to care for his dad, without upsetting him.
The biological mother, was "out of pic by the time the veteran was
ages
2-3. "My parents got divorced." He did not have visitation with his
mother; "she did not come back into my life, until later on, and only
for a short period of time." As a child, he said that he talked to her
once, and saw her once (ages 2-12). At 23, he saw her again.
INTACT, BROKEN, OR BLENDED FAMILY?Broken
WHAT DID YOUR FATHER DO FOR WORK? "He did not do much; he ran a
pro-shop and driving range "for awhile." The veteran stated that his
grandfather was wealthy, and left his father property, that he sold,
and they were able to get by.
WHAT DID YOUR MOTHER DO FOR WORK?IDK.
TERATOGENS IN UTERO:
Does not know if he was exposed to any teratogens during the prenatal
period.
PREGNANCY AND BIRTH:"IDK if it was normal or complicated.
HOW WAS DISCIPLINE HANDLED IN YOUR FAMILY?
The records indicated "he was hit as a kid," and the veteran verified
this, but it happened two times, and was not a regular occurrence. The
veteran was in sort of a role reversal with the dad, in that he would
sometimes care for him, rather than the father caring for the
children.
RELATIONSHIPS WITH FAMILY NOW? Stated that he is not seeing any of his
biological/childhood family.
ANY HX OF ABUSE (PHYSICAL, EMOTIONAL/MENTAL, SEXUAL, NEGLECT)?
***The records indicated "he was hit as a kid." As per above, "dad
would get drunk and hit me a couple of times; it was not an assault,
nor was it a beating."
10-29-13 Clinical Interview: He had an "abusive childhood" and made
his
first suicide attempt at 14 y.o.a.. The veteran stated that this was
not an actual suicide attempt; he was being somewhat reckless and took
a bunch of pills (someone else's, and drank cough medicine).
RELATIONSHIPS AS A YOUTH? "I had a decent amount of friends--I was
fairly popular. I would "hang out at other friend's houses, rather
than
having them come to my house." He described himself as "outgoing."
RELATIONSHIPS IN THE MILITARY?
In the early phase of his military career, he had good friends (i.e.
as
close as you can have in basic and AIT). "My relationships did not get
strained until right after we got back--it got weird. I was drinking a
lot." During the military, socializing was okay up to a point--after I
hit by car, and then when I came back from Iraq--there was a definite
downslide, in terms of friendships."
RELATIONSHIPS AFTER THE MILITARY?
"Married and divorced once, because his wife "was a civilian and
normal; she refused to see my issues as anything but weakness. I
wanted
to go to American Lake, for treatment, and she said "no you don't need
it. We divorced over it."
"It [the divorce] made me sad because of my kids-I wanted them to grow
up in a fully parented family, instead of broken family. As time goes
by, I think it is a good thing (that he is not there, but misses his
children). Two are his biological kids, and one other child, he has
been in her life "since she was a year old." He stated that the first
thing his ex did, was tell her daughter that the veteran wasn't her
father, and she [the child] was devastated.
CURRENT LIVING SITUATION?
Lives with a s/o. The relationship is "okay. We have set routines,
that
we have to do to function as a couple." Their routines have to do with
AA, counseling, medication [he is medicated, she is not]. His
significant other "suffers from PTSD." He said that they have the
benefit of understanding that they have PTSD and they "understand what
it takes for them to function normally. We have broken up 4-5 times in
the last year."
"Our relationship now, has somewhat stabilized. It is strained but it
works."
***The veteran eluded to his significant other having a C&P, but
there
was no bilateral discussion between the veteran and I, of anything
having to do with his significant other, other than what he told this
writer, about their relationship, in terms of functionality. The
veteran referred to her as his "significant other."
b. Relevant Occupational and Educational history (pre-military, military,
and
post-military):
EDUCATION AND WORK HISTORY:
DEVELOPMENTAL MILESTONES:"I have no idea."
ANY DOCUMENTED LEARNING DISABILITIES:"I was a smart as--denied
learning
disabilities.
SCHOOL YEARS:
"I did not start getting into trouble until the 7th and 8th grades. At
that time, I was being disruptive." He described his school
performance
as: "fairly successful--extremely smart; I could do work if I wanted
to." High School was at a military academy--"where I thrived until I
xxxxxx off." When asked if anything in particular occurred to
disenchant him with this school, but he said: "I cannot think of what
started this for me." He stated that he "took a bunch of pills and
cough syrup." Does not believe he was actively suicidal, nor does he
consider this to be an actual attempt.
"Math scared the shit out of me. I liked the science and history--both
made sense. With regard to "Abstract thinking," he stated: "I was good
at it, but I did not like it, so he tried not to do it." Has always
had
the ability to do well if he wanted. He stated: "I have a 10th grade
education."
DETENTION/SUSPENSIONS/EXPULSIONS FROM SCHOOL? Yes. First time was when
he was asked to leave military school for excess demerits. The second
time was d/t the event, where he took the different pills, as "they
frowned on that."
Cutting and burning his skin--that was later in life--in my late teens
and early 20's. "It was attention grabbing and it also was relieving,"
in terms of stress. He has tried to engage in "a lot of
introspection--trying to figure myself out, for a several years
now--and that is what is real about it." He stated that he realized at
some point, that he has gone from cutting/burning his skin to tatoos.
"Tatoos are the same thing (the pt said), but they allow me to get the
stress out, without cutting or burning." He has not engaged in
self-injurious behavior since his mid-20's.
TRADE SCHOOLS:
NONE
COLLEGE:
None that was successful. I have tried 4 times. I had panicked, the
frist time he tried to go (pulse increases, diaphoretic palms, and
rapid breathing, and dizziness). He felt if he went to school,
something bad would occur. Tried to go to college through vocational
rehab--online, but he stated that his PTSD was interfering, with him
trying to learn things on the computer. He stated that they "wanted
him
to have all these specific things in place, for him to continue
school--VA counseling (individual and/or group), and medication. He
began to cry, and said: "I honestly don't know if I could do it, even
with those things in place, but in any case, they weren't in place."
The veteran stated that he has a behavioral flag because of going in
and being desperate to get help from mental health, and then the
scheduler only could give him an appointment in October. He said:
"That
is why I lost it--I am a head case [how he refers to his PTSD], and
now
I have to have my little shadow (his police escort)."
EMPLOYMENT:
"I have tried to get a few different jobs. They did not work out
because I get combative with staff and customers. I would either freak
out and not go to work. Or if I did go to work, something would
happen,
and the day would get ruined to the point that he could not stay,
without blowing up on staff or a customer." This happened often, and
eventually he and his ex, agreed it would be best for him to be a stay
at home dad." Since coming to White City, he "started to work, and had
to quit one job." He works currently and "can get combative, or I
forget things." He stated further: "I was supposed to be on night
shift, and that was perfect--so that he did not have to be around
others." He stated that he was seriously assaulted, in the military,
and therefore, "cannot be around males, especially alpha males." "I
almost had to quit yesterday," after he "almost got physical with one
of the clients. I xxxxxxx wanted to kill him. Who knows how long this
will last--maybe another two xxxxxxx weeks. 4-6 months is usually my
limit, when everything starts to fall all apart."
"I work the "on track dad's program. I have almost 7 years of
sobriety.
I think it is a good time, unless I get furious, but then he needs to
not be there. He talked about the level of irritability he has, and
how: "I can go from thinking I want to kill him, to planning it, and
then wanting to do it." I questioned the veteran very throroughly, to
make sure that there wasn't an intended victim, or an absolute plan of
action, to hurt someone. Instead, he just tries to monitor himself,
and
if he gets bad [i.e. wanting to get into a verbal or physical
altercation], he must removed himself from the situation. He is sure
that this will happen in the future, where he becomes angry and has to
remove himself from the situation. "Sometimes it doesn't take much, if
someone looks weird at me, I feel like I want to go after him."
"If I could get some treatment, to xxxxxxx make this go away--I would.
I don't want to feel like that! I tried to get help, and they give me
a
date a month out, and now I have my little shadow to deal with [the
escort officer], whenever I need to come here.
WHAT DO YOU DO FOR SELF-CARE/FUN/HOBBIES CURRENTLY?
"NONE."
c. Relevant Mental Health history, to include prescribed medications and
family mental health (pre-military, military, and post-military):
=======================================================================
====================
Any psychiatric evaluations, treatment, or psychotropic medications
BEFORE the military?
CD?Denied.
Outpatient? (Note from 10-29-13 Clinical Interview): He had an
"abusive
childhood" and made his first suicide attempt at 14 y.o.a. (1999 in
military school). With regard to this event, he stated that he was not
suicidal, but instead, just took a bunch of pills, and cough
medicine--I was not trying to kill myself, but my school still did not
appreciate it." He was found by staff at the military school.
Medications?Denied.
Inpatient?Denied.
***He also engaged in "self-injury" when he was a teen, and indicated
the last time he did this was in his 20's (10-29-13 Clinical
Interview).
=======================================================================
====================
Any psychiatric evaluations, treatment, or psychotropic medications
DURING the military?
CD? ADAPT C (for alcoholism)--"I checked myself in."
Outpatient? Denied
Medications?Denied
Inpatient?Denied
Any suicide attempts?Denied
=======================================================================
====================
Any psychiatric evaluations, treatment, or psychotropic medications
AFTER the military?
CD? Here at WCO, although he was sober at the time, and was here more
for PTSD tx and homelessness, not for SATP.
Outpatient? He stated that he has asked for treatment multiple times:
"The damn doctors--it is so stupid. The only thing they did when I had
episode, was what they always do--they threw more pills at me. I want
treatment. I want to talk about what happened. Presently taking
Celexa; Lamotrogine, and Abilify."
Medications? See above.
Inpatient?Denied psychiatric hospitalization.
Suicidal Attempts?Denied.
Current SI/HI?Denied right now. He "thinks about it often, but stated:
There is a difference between having an idea about it, and having an
intention to do it." He does not want to get to this point, but feels
like he could.
***NOTE:VETERAN HAS A DISRUPTIVE BEHAVIOR FLAG***
5-11-04: Veteran was evaluated, and said that he "was afraid of
everything." During this examination it was mentioned that the veteran
had some type of hx that included OCD, and feeling paranoid.
4-2008 (Per pt report), the veteran stated that he had suicidal
ideation with a plan.
10-20-08 "Came to get off medications."
9-17-13 TBI--has not been dx with it. Has a hx of anxiety, OCD, and
depression.
Audit C was negative for alcohol use.
9-19-13 Spiritual Assessment: Assembly of God as a youth, but the
veteran indicated that the church made him feel bad about himself. Has
attended Catholic, Protestant, and Buddhist places of worship. He has
an adoptive mother and a father (biological?) that are supportive of
him (at this point they are no longer talking-->9-24-14).
"Feels God gives him anxiety when he is making a bad decision. Does
not
believe that he is punished by God."
9-13-13: "He is a candidate for DCHV, but all the beds are full at
this
time." The veteran admitted to anxiety; sleep disturbance, but there
is
no paranoia; depression; no SI; no hallucinations, and he was alert
and
oriented.
9-25-13: PTSD scrEen positive (SCORE OF 4), Anhedonia and
depression--yes, nearly every day. History by veteran report includes:
bipolar disorder; MDD: PTSD and Borderline p.d.o. Denies psychiatric
hospitalization(s). There is a history of fights, as a civilian
(10-15), and in the military. Fight were often while he was
intoxicated. In the record it indicated that the veteran denied that
this had happened since 2007 (when he became clean and sober).
Has organized thoughts, without unusual content. No AH or VH. No
delusions. I&J fair. He was divorced by his spouse, and although
it
saddens him, he "knows it is for the best." The veteran stated: "I am
a determined and hard worker." Memory was found to be intact. Seeking
psychiatric care for PTSD and homelessness. Talked about discharging
to
Waldport, where his children live.
11-9-13 Dx with PTSD, chronic by Sylvia Green. Also Alcohol and
stimulant abuse (both in late full remission). He was not dx on Axis
II
(characterological disorder).
2-19-14 Suicide screen negative, except for the question having to due
with "previous suicide attempt(s), which he answered as yes.
2-20-14 Regular discharge from the SATP program.
8-13-14: "Actively suicidal, was going to put a pistol in his mouth
last night."
d. Relevant Legal and Behavioral history (pre-military, military, and
post-military):
ANY LEGAL HX?
CHILDHOOD? Ended up using drugs one time, brought home by PD. Does not
remember charges.
ADULTHOOD? "Yes, but always alcohol related." There were
assaults--some
reported and some not--Disorderly conduct; Drunk in public. "Just me
acting out. Any time I drink I get violent."
MILITARY LEGAL HX? Picked up a few times-alcohol related.
MISDEMEANOR OFFENSES:
FELONIES:
DUI'S:One 2006.
DOMESTIC VIOLENCE:
JAIL TIME:
PRISON TIME:
STATE HOSPITAL TIME?:
CHARGES EXPUNGED FROM RECORD?
e. Relevant Substance abuse history (pre-military, military, and
post-military):
SUBSTANCE ABUSE HISTORY:
CLEAN AND SOBER DATE:11-10-2007
HOW MANY CD PROGRAMS AND WHERE?In ADAPT C in the Army. Tx in 2007 and
2008 outpatient. He also took "Living environment training." He goes
to
AA meetings, has a sponsor who is also a veteran and is working the
steps. He has seen him go to the mmeting, but be unable to stay. He
walks in and it is a feeling, or someone looking at him, and the only
place it is a safe haven. I think about drinking latels, and I did not
used to do this for a long time. This is why he was adament about
getting help. ON bare edge sometomes. I can barely function.
WHEN DID THE VETERAN BEGIN USING TOBACCO? WHAT IS HIS/HER USE OF
TOBACCO NOW? 1 ppd. Quit for 13 months. "I was crazy to start again."
WHEN DID THE VETERAN BEGIN USING ALCOHOL? WHAT IS HIS/HER USE OF
ALCOHOL NOW? "Enough to put me into liver failure." 30 pk beer, and
depending on upwards of a pint as well.
11-10-2007.
WHEN DID THE VETERAN BEGIN USING CANNABIS? WHAT IS USE OF CANNABIS
NOW?
DOES THE VETERAN HAVE A MEDICAL CANNABIS CARD? NO
WHEN DID THE VETERAN BEGIN USING STIMULANTS? WHAT IS HIS/HER USE OF
STIMULANTS NOW? 11-10-. "I liked Meth, but it was not my thing--I like
drinking much more."
OTHER ILLICIT DRUG USE:
WHEN DID THE VETERAN BEGIN USING OPIATES? WHAT IS THE VETERAN'S USE OF
OPIATES NOW? (THIS CAN BE EITHER RX MEDICATION OR USE OF ILLICIT
OPIATES):
MISCELLANEOUS INFORMATION ABOUT CHEMICAL DEPENDENCY:
Alcohol Use Disorders Identification Test Consumption (AUDC)
Date Given: 06/06/2014/Gender: Male-Score: 0 points, which is a
negative result.
1. How often did you have a drink containing alcohol in the past
year?
Never
2. How many drinks containing alcohol did you have on a typical day
when you were drinking in the past year?
Not asked (patient reports no drinking in past year)
3. How often did you have six or more drinks on one occasion in the
past year?
Not asked (patient reports no drinking in past year)
f. Other, if any:
Previous PTSD examination performed by Dr. Sashkin,Ph.D. 10-27-10
The veteran was diagnosed with PTSD by this clinician.
AXIS I: PTSD
ACIS I: Depressive disorder secondary to the PTSD.
AXIS II: Deferred.
AXIS III: PLease see medical file.
AXIS IV: Psychosocial stressor--scoial
AXIS V: 45
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3. Stressors
------------
Describe one or more specific stressor event(s) the Veteran considers
traumatic (may be pre-military, military, or post-military):
a. Stressor #1: -----------"
Does this stressor meet Criterion A (i.e., is it adequate to support
the diagnosis of PTSD)?
[X] Yes [ ] No
Is the stressor related to the Veteran's fear of hostile military or
terrorist activity?
[X] Yes [ ] No
Is the stressor related to personal assault, e.g. military sexual
trauma?
[ ] Yes [X] No
b. Stressor #2: ----------
Does this stressor meet Criterion A (i.e., is it adequate to support
the diagnosis of PTSD)?
[X] Yes [ ] No
Is the stressor related to the Veteran's fear of hostile military or
terrorist activity?
[X] Yes [ ] No
Is the stressor related to personal assault, e.g. military sexual
trauma?
[ ] Yes [X] No
c. Stressor #3: -----------
Does this stressor meet Criterion A (i.e., is it adequate to support
the diagnosis of PTSD)?
[X] Yes [ ] No
Is the stressor related to the Veteran's fear of hostile military or
terrorist activity?
[ ] Yes [X] No
Is the stressor related to personal assault, e.g. military sexual
trauma?
[X] Yes [ ] No
If yes, please describe the markers that may substantiate the
stressor.
Buddy statements by Lorena Castro and Mr. Anderson.
Medical records in 2003, that appear to document the assault.
4. PTSD Diagnostic Criteria
---------------------------
Please check criteria used for establishing the current PTSD diagnosis. Do
NOT mark symptoms below that are clearly not attributable to the Criteria A
stressor/PTSD. Instead, overlapping symptoms clearly attributable to other
things should be noted under #7 - Other symptoms. The diagnostic criteria
for PTSD, referred to as Criteria A-H, are from the Diagnostic and
Statistical Manual of Mental Disorders, 5th edition (DSM-5).
Criterion A: Exposure to actual or threatened a) death, b) serious
injury,
c) sexual violation, in one or more of the following ways:
[X] Directly experiencing the traumatic event(s)
[X] Witnessing, in person, the traumatic event(s) as they occurred to
others
[X] Learning that the traumatic event(s) occurred to a close family
member or close friend; cases of actual or threatened death must
have been violent or accidental; or, experiencing repeated or
extreme exposure to aversive details of the traumatic events(s)
(e.g., first responders collecting human remains; police officers
repeatedly exposed to details of child abuse); this does not apply
to exposure through electronic media, television, movies, or
pictures, unless this exposure is work related.
Criterion B: Presence of (one or more) of the following intrusion
symptoms
associated with the traumatic event(s), beginning after the
traumatic event(s) occurred:
[X] Recurrent, involuntary, and intrusive distressing memories of the
traumatic event(s).
[X] Recurrent distressing dreams in which the content and/or affect of
the dream are related to the traumatic event(s).
[X] Dissociative reactions (e.g., flashbacks) in which the individual
feels or acts as if the traumatic event(s) were recurring. (Such
reactions may occur on a continuum, with the most extreme
expression being a complete loss of awareness of present
surroundings).
[X] Intense or prolonged psychological distress at exposure to
internal
or external cues that symbolize or resemble an aspect of the
traumatic event(s).
[X] Marked physiological reactions to internal or external cues that
symbolize or resemble an aspect of the traumatic event(s).
Criterion C: Persistent avoidance of stimuli associated with the
traumatic
event(s), beginning after the traumatic events(s) occurred,
as evidenced by one or both of the following:
[X] Avoidance of or efforts to avoid distressing memories, thoughts,
or
feelings about or closely associated with the traumatic event(s).
[X] Avoidance of or efforts to avoid external reminders (people,
places, conversations, activities, objects, situations) that
arouse
distressing memories, thoughts, or feelings about or closely
associated with the traumatic event(s).
Criterion D: Negative alterations in cognitions and mood associated with
the traumatic event(s), beginning or worsening after the
traumatic event(s) occurred, as evidenced by two (or more)
of
the following:
[X] Persistent negative emotional state (e.g., fear, horror, anger,
guilt, or shame).
[X] Markedly diminished interest or participation in significant
activities.
[X] Feelings of detachment or estrangement from others.
[X] Persistent inability to experience positive emotions (e.g.,
inability to experience happiness, satisfaction, or loving
feelings.)
Criterion E: Marked alterations in arousal and reactivity associated with
the traumatic event(s), beginning or worsening after the
traumatic event(s) occurred, as evidenced by two (or more)
of
the following:
[X] Irritable behavior and angry outbursts (with little or no
provocation) typically expressed as verbal or physical aggression
toward people or objects.
[X] Reckless or self-destructive behavior.
[X] Hypervigilance.
[X] Exaggerated startle response.
[X] Problems with concentration.
[X] Sleep disturbance (e.g., difficulty falling or staying asleep or
restless sleep).
Criterion F:
[X] Duration of the disturbance (Criteria B, C, D, and E) is more than
1 month.
Criterion G:
[X] The disturbance causes clinically significant distress or
impairment in social, occupational, or other important areas of
functioning.
Criterion H:
[X] The disturbance is not attributable to the physiological effects
of
a substance (e.g., medication, alcohol) or another medical
condition.
Criterion I: Which stressor(s) contributed to the Veteran's PTSD
diagnosis?:
[X] Stressor #1
[X] Stressor #2
[X] Stressor #3
5. Symptoms
-----------
For VA rating purposes, check all symptoms that actively apply to the
Veteran's diagnoses:
[X] Depressed mood
[X] Anxiety
[X] Suspiciousness
[X] Panic attacks more than once a week
[X] Near-continuous panic or depression affecting the ability to function
independently, appropriately and effectively
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
events
[X] Impaired judgment
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social
relationships
[X] Difficulty in adapting to stressful circumstances, including work or
a
worklike setting
[X] Obsessional rituals which interfere with routine activities
[X] Impaired impulse control, such as unprovoked irritability with
periods
of violence
[X] Spatial disorientation
[X] Grossly inappropriate behavior
[X] Persistent danger of hurting self or others
[X] Neglect of personal appearance and hygiene
[X] Intermittent inability to perform activities of daily living,
including maintenance of minimal personal hygiene
[X] Disorientation to time or place
6. Behavioral Observations
--------------------------
The veteran has a behavioral flag on his chart, because according to the
veteran he had "an episode" when he went to mental health, because "I felt
like I was losing it, and they gave me an appointment in October."
Apparently
his "episode" was that he "became combative and went off" according to the
veteran. When I looked into the chart, it became a little more clear as to
why he had a behavioral flag--he threatened to bring a gun to this VA, if he
was not given treatment. Because of the above event, the veteran was
escorted
to the appointment by VA police. I met for a moment with the veteran, in our
lobby area, to try to gauge whether or not I could see him without the
officer, and he agreed to cooperate to get this evaluation done. He did not
become hostile, rude, or threatening, and this writer used her therapeutic
tools, to know when to ask for more information, and when to back off, and
give the veteran a few moments to calm himself, so that we could go on.
Veteran is dressed in a sweat shirt, shorts, and tennis shoes. He wears
glasses and short hair. His grooming today was adequate, but apparently
there
are times, when the veteran will not shower for multiple days--sometimes as
long as a weeks. The veteran has tattoos all over his body. The veteran
stated that he recognized that his tatoos have taken the place, of the
cutting and burning he used to do. The veteran is very emotional, began to
cry when he told me of his assault; being hit by the car (hit and run), and
the gas attack threats in Iraq. He would try to calm himself down, but
coping
mechanisms were difficult for the veteran to use this day. At one point, he
seemed to need a break, thus I suggested he just clear his head for a
minute,
and he went out and smoked a cigarette, and then came back inside. In this
writer's opinion, the veteran had a difficult time during this evaluation,
and was under considerable stress. It did not appear to this writer, as if
the veteran was embellishing his report of the stressors, nor was he being
dramatic.
At the end of the interview, I asked him for a self-report of how he was
doing, and he was "upset, exhausted, but felt okay to leave." I told him
that
he could call the "veteran's crisis line" which he had the number memorized.
I also offered to take him over to triage, but he stated that he was okay to
go home. He had someone picking him up, and said he would be okay.
7. Other symptoms
-----------------
Does the Veteran have any other symptoms attributable to PTSD (and other
mental disorders) that are not listed above?
[ ] Yes [X] No
8. Competency
-------------
Is the Veteran capable of managing his or her financial affairs?
[X] Yes [ ] No
9. Remarks, (including any testing results) if any
--------------------------------------------------
CLAIMS FILE BEING SENT FOR REVIEW BY THE EXAMINER.
VA CLAIMS FOLDER FORWARDED FOR VA EXAMINER REVIEW AND CLARIFICATION.
Appeal Related Claim.
Issue on appeal: Service connection for post-traumatic stress disorder.
Veteran's Information:
Name:
Background:
VA exam report of 10/19/10 diagnosed PTSD in relation to an in-service
assault, the occurrence of which has not been conceded by the VA. During
that examination the veteran also mentioned being struck by a vehicle in
the
fall of 2001. He has provided a copy of the accident report from the
Richmond County Sheriff's Department which is of record (tabbed in
c-file).
In his PTSD report of 10/19/10 the VA examiner related veteran's PTSD to
the
unverified in-service event, but did not provide a medical opinion as to
whether any of the veteran's PTSD is or is not "at least as likely as not"
(50 percent or greater probability) attributable to the verified
in-service
hit and run vehicle accident. We are thus seeking clarification.
Requested Medical Opinion:
(1) VA examiner is asked to review the medical evidence of record
(including
treatment records from all VA medical facilities as noted in Virtual VA
and
CAPRI for this veteran) and then to provide a medical opinion as to
whether
veteran's current diagnosed mental health disability(s), to include PTSD
and
depression, is "at least as likely as not" (50 percent or greater
probability) medically attributable to the in-service vehicle accident on
9/02/01 as noted in the accident report from Richmond County Sheriff's
Department versus to other etiological factors. Please provide factual
basis and medical rationale supportive of your opinion.
(2) If more than one mental health disability is medically identified,
please outline whether it is possible to medically separate the symptoms
of
each identified mental disorder, or whether the symptoms are inextricably
intertwined and cannot be separated without resort to mere speculation.
(3) Please discuss impact of veteran's mental health diagnoses on
veteran's
occupational functioning.
Pertinent Evidence:
Tab A: Veteran's service personnel and service treatment records
Tab B: Veteran's statement(s)
Tab C: Accident report from Richmond County Sherriff's Department
Tab D: PTSD exam report of 10/19/10
Tab E: CAPRI records in Virtual VA
Note: VA examiner is not limited in review to the above-mentioned records
but is encouraged to review all evidence in the claims folder to make your
mental assessment and medical opinion.
Thank you.
VA exam req; D.Kocarnik, Dec.Rev.Officer, PH: 503-412-4608.
==========================================================================
================
***THIS EXAM WAS COMPLETED USING DSM-V AS THE BASIS FOR DIAGNOSTIC
PURPOSES.***
*** This report was written using voice recognition software, therefore,
words may appear that either sound like the real word, or are similar
in terms of spelling.
__________________________________________________________________________
_________________
--------------------------------------------------------------------------
----------------
Current Service Connection Status at the time of this evaluation:
Lower leg condition-->10%
Scars-->0%
Clavicle, scapula, impairment of these regions-->10%
Limited flexion of the thigh-->10%
Limited flexion of the knee-->10%
--------------------------------------------------------------------------
-----------------
BRIEF MEDICAL HISTORY: FROM CPRS
"Leg hurts on a daily basis,constant reminder of what happened."
"Head hurts a lot."
Chronic alcoholism in remission.
Polysubstance abuse.
Olecranon bursitis
Tobacco use
Knee pain
Non-specific reaction on the skin.
VITAL SIGNS:98.4, 89, 16, 115/62. Pain=4. Wt is 192.6. Ht=68
inches.
MEDICATIONS:
Psychotropic medications include:
Prazosin
Citalopram
Abilify
--------------------------------------------------------------------------
-----------------
FAMILY HISTORY:
Father: He is alive (he does not see him).
Mother:Adoptive mother is alive (he does not see her).
Brothers:NONE
Sisters:Does not see biological sister or adoptive sisters.
Children: He has visitation with his children, but feels like he is
unable
to enjoy the time with them.
--------------------------------------------------------------------------
----------------
STR's in Record:
ALL STR'S REVIEWED
--------------------------------------------------------------------------
-----------------
NEW INFORMATION PROVIDED BY THIS VETERAN TO INITIATE A SECOND C&P
EXAMINATION:
Proof of the veteran being hit and run, by a vehicle, during the
military.
--------------------------------------------------------------------------
-----------------
INFORMED CONSENT:
Pursuant to providing the veteran was an informed consent, he was
informed
that the purpose of the current examination was to obtain information
related to his claim for service-connection, for PTSD. In addition, this
writer explained to the veteran that this C&P appointment, is not a
traditional psychological examination or psychotherapy session, where the
content is kept confidential, as my report, will be uploaded into his
electronic (CPRS) file, and eventually it will be examined by a rating
officer, at VBA, who will make the final decision as to whether or not he
has a service-connected disability, and if so, the rating associated with
that disability. I also told him, that if he wants a copy of the report,
he can go to ROI to obtain one, or it can be downloaded through
Myhealthevet, if he is registered and authenticated for this service.
I also explained that our meeting today, does not represent a traditional
doctor/patient relationship, as I am only seeing him for the examination,
and then my contribution, to his case, will be completed. He stated that
he understood all of these conditions, and wished to move forward with
the
examination.
I further explained that the information in this report could be subject
to public disclosure, if he should appeal his claim at the federal level.
Other limitations to confidentiality were discussed with regard to: 1)
danger to self/other, 2) and/or information regarding child abuse, and 3)
elder abuse. The veteran voiced understanding and acceptance of this
information and consented to participate in the examination.
--------------------------------------------------------------------------
-----------------
Identifying Information:
The veteran is a 30 year old, divorced, Caucasian man, who presented
to
this writer, for a Compensation and Pension Examination for PTSD. This is
not the first C&P exam for this veteran--he had a previous C&P
examination, but was denied compensation or pension for PTSD, because the
stressors could not be verified. The veteran was on time for his
appointment. He was dressed in casual but clean clothing, and his
grooming
and hygiene was adequate, although he stated that there are days that he
does not shower or take care of his basic hygiene. He looked older his
stated age of 30. He had dark circles under his eyes, and looked very
tired. He said that he has not been sleeping well, but last night was
especially bad, as he knew that he would have to talk about his stressors
again, and how he has such a backlash, after he talks about them--this is
one of the reasons that he wants to get into therapy. When he entered
the
evaluation room, he sat closest to the door, and was very cooperative. He
would stop and listen, if there was noise in the hallway, though I did
not
see him fully startle, though a certain times this was reported by the
veteran to happen. The veteran appeared to be embarrassed about having
to
arrive by escort from the police.
--------------------------------------------------------------------------
-----------------
MENTAL STATUS/EMOTIONAL STATE:
The veteran was alert and oriented X4. He could attend to, and
concentrate
on a task at hand, without difficulty today, although there are times
when
he must read a paragraph more than once, or he forgets to do something,
so
that concentration has been an ongoing issue, according to the veteran.
He
could calculate (when asked questions that required for him to
add/subtract in his head), do serial 7's, and he could abstract.
abstract.
In general, his memory seemed to be intact, for example when I asked him
to repeat sentences, numbers (backwards and forwards), or words.
However, on delayed recall, the veteran could not recall the words he was
asked to remember, and he was not helped by categorical hints. He had an
above average vocabulary, and intellectual functioning was estimated in a
range of high average, as well. He could name four presidents: Clinton,
Reagan, Washington, Jefferson, and Lincoln. His general fund of
information was intact, and comparable with someone in his own age group.
He could spell the word "WORLD" backwards and forwards without
difficulty.
He could repeat 7 digits forwards and 4 backwards. He could repeat both
simple and complex sentences after this writer said them: "No ifs ands
or
buts" (simple) and "The beginning movement revealed the composer's
intention" (complex).
Mr. McClenan had a depressed and anxious mood, and his affect was full in
range, and congruent to the topic at hand. He denied suicidal or
homicidal
ideation today, but does have SI and HI regularly. Insight and judgment
appeared within fair. Impulse control today was intact; he was not at
immediate risk for self-harm or the harm of others, when he left the
C&P
clinic on the day of the examination. He was reminded about the Veteran's
crisis line; the triage system here at SORCC, and suggested that he get
in
touch with his PCP and Mr. Hines, LCSW, who he last saw for mental health
issues. He said that he has called multiple times, but did not receive a
call back, and said that this lack of help, was what caused the problem
that led to the "behavioral flag" because he told scheduling, that he was
considering suicide by shooting himself, and was considering drinking
August 22, 2014), and was only offered an appointment in October. He
denied mood swings, mania, or any type of cycling in terms of his mood.
He
demonstrated psychomotor activity, which was within normal restless and
anxious.
The veteran's spontaneous speech was clear and coherent, and showed no
evidence of thought disorder or psychotic processes. There was no
paranoia, no ideas of reference, no delusions, and no hallucinations.
There was no evidence of depersonalization, derealization, or
dissociations. His thinking and speech appeared linear, goal-oriented,
and
contained cause and effect/hypothetical relationships. His speech
appeared normal in terms of rate, rhythm, and volume, without pressure or
severe intensity, until he would talk about the stressors, and then he
began loud, tearful, and had difficulty controlling his emotions. As
mentioned, at the conclusion of the occupational history, he had to leave
for a few minutes, and take a break with a cigarette, so that he could
continue on with the evaluation. There was no word blocking, anomia, or
evidence of Wernicke's or Broca's aphasia.
In addition, he could remember 4:4 words on immediate recall, but 0:4 on
delayed recall. His auditory sequencing appeared intact; he could listen
and process commands, carrying them out, for example, touching his nose,
clapping his hands, and stomping his foot on the ground, when requested
to
do so.
The veteran denied any eating disorders--there is no
purging/binging/restricting. He denied symptoms of psychosis.
/////////////////////////////
Other Diagnoses in the chart:
/////////////////////////////
/////////////////
Bipolar Disorder:
/////////////////
In addressing the diagnosis of Bipolar, he stated that he has been aware
of this diagnosis, but "cannot agree with the whole manic thing." He said
that he "most definitely has depression, but that the most manic I get is
having an okay day, instead of a totally shitty day." He stated that
sometimes when he drank or used Meth, he might seem manic, or feel
euphoric, but there is not a natural tendency to feel happy, and
certainly, he is not euphoric, nor are there regular cyclical moods that
are up and down. He stated that he "ups" are never as high, as his downs
are down. He denied mania, hypomania, and still does not agree with the
diagnosis of Bipolar disorder.
//////////////////////////
Major Depressive Episode:
/////////////////////////
The veteran has been diagnosed under DSM-IV with MDD, secondary to PTSD
in
his C&P done by Dr. Sashkin 10-27-10. At this time, since DSM-V was
not
in use yet, MDD secondarily related to PTSD, was often diagnosed
separately. Under DSM-V, the depression is often seen as a progression of
the PTSD, and is covered under criterion "D" negative emotions and
cognitions--thus this writer incorporated the MDD diagnosed in the
previous PTSD C&P, into the diagnosis of PTSD.
////////////////////
Chemical Dependency:
///////////////////
The veteran has been diagnosed with alcohol dependency, Methamphetamine
dependency, and polysubstance dependency, in the C-file. The veteran has
been clean and sober since 11-10-2007. He attends meetings regularly with
his significant other. He has a sponsor (who is also a veteran), and he
is
working the steps of AA to remain clean and sober. Since he has been
clean
and sober since 2007, he is not diagnosed formally at this time, as an
active disorder(s)--as when using the date of 2007, he would be
considered
in "full sustained remission" with regard to chemical dependency.
////////////////////////
Traumatic Brain Injury:
///////////////////////
From what I can determine, the veteran had claimed at one time, to be
suffering from TBI, from either the car hitting him, or the attack he
suffered in Germany. In the narrative, provided to the veteran on
03-16-2011, he was denied TBI, and this writer does not have any
additional information to add to the denial, in such a way as to justify
a
diagnosis of TBI. This writer is not credentialed to provide a TBI I or
II
examination, and thus the denial on the above date, for TBI, is upheld by
this writer, since an exam for TBI was not completed. In quoting that
narrative, "your service treatment records are completely negative for
any
treatment of complaints or treatment for or diagnosis of any head injury.
No medical evidence has been submitted which provides for any sort of
etiology of a head injury while in the service."
/////////////////////////////////
Borderline Personality Disorder:
////////////////////////////////
There is evidence, that the veteran could have a personality disorder,
and
the cutting and burning of his body, when he was in his teens and early
adulthood, and the taking of the pills at military school, certainly lend
evidence for a diagnosis of a personality disorder. Personality
disorders,
especially borderline personality disorder, can be related to early life
deprivation, abandonment, and what is referred to as "developmental
lesions." The veteran was removed from his biological mother, and was
raised by an single father (who was alcoholic), and sometimes hit the
veteran (although the veteran stated that he was not assaulted or beaten
by his father), and he was later adopted by his father's second wife,
with
whom the veteran stated that he never really felt connected. Given the
early life situation in his family, and his young adult behavior, it is
very likely that the veteran has Borderline personality disorder. Daniel
Sorensen, NP, mentioned in his 8-22-14 note, that the veteran came to the
attention of mental health because he threatened to bring a gun to the
VA,
if he could not receive treatment. In his note, he stated: "30 year old
male with borderline personality disorder, with symptoms partially
managed
with medications.
He saw Mr. Hines, LCSW, on 8-13-14, and at that time was presenting with
mania, and pressured speech. He talked about being suspicious of his
significant other, and checking her email and phone; it is well known
that
those afflicted with Borderline personality disorder, due to poor object
relations in early life, can be suspicious, believe that their partner
is
unfaithful, and pathological jealousy is often the result. This can be
especially true, if the patient has been left in the early years of life,
by a parent or close caretaker--this was the case with the veteran.
His evaluation on 10-27-10, by Dr. Shaskin, stated that an Axis II
personality disorder was deferred.
--------------------------------------------------------------------------
-----------------
Psychological Testing:N/A
__________________________________________________________________________
_________________
///////////////////
Referral Question:
///////////////////
Does the veteran have PTSD related to the in-service stressor (the MVA),
in 9-2-01?
/////////////////////
Clinical Formulation:
/////////////////////
The veteran was hit by a car in the military, when he was only 17 years
old. He has reexperiencing, avoidance, negative cognition and mood, and
s/s of hyperarousal.
/////////
Opinion:
////////
It is at least as likely as not that the veteran's PTSD is related to the
event in the service where he was hit by a car. He also described feeling
scared that he was going to die in Iraq, from gassing threats, and the
fear of chemical weapons. This particular stressor is related to the fear
of hostile military and terrorist acts; the car/mva is not related to the
fear of hostile military and terrorist acts. THere was a third event,
where the veteran was assaulted along with his friend soldier ----------.
There are statements by Mr. --------, and a buddy statement by ----------
, corroborating the assault, thus there is PTSD related to this
incident as well, but it is related to fellow soldiers assaulting him,
and
not d/t hostile military or terrorist acts.
It is less likely than not, that the veteran's borderline personality
disorder is d/t the service, and more likely than not related to his
early
life experiences; abandonment by his mother, and a family of deprivation,
where his early needs were not met adequately.
////////////////////////////////////
Occupational and social functioning:
The veteran describes being unable to work, and having a very limited
social life, that basically consists of his significant other, and one
friend. He stated that he does not see his family, nor does he go out and
socialize with others.
In terms of work, there does appear to be a problem with the veteran
having difficulty getting along with others. He has yelled at staff, and
customers, and believes that it is just a matter of time, before he "is
let go again." He stated that he cannot work around others, and even when
he was supposed to be working night shift, so that he could avoid working
with others, he was placed on day shirt, and could not get along with
others. If the veteran worked in a position where he did not have to
interact with others, and had minimal supervision, he could probably
continue working. He said that he wants to work, but needs help, that he
has not received. He said: "I don't want to take the xxxxxxx pills; I
want
help--I need treatment. I want to work, and have a good life, but I need
help."
///////////////////////////////////
DIAGNOSTIC IMPRESSION:
309.81 PTSD related to his service (accident where he was hit by a car;
assault by other soldiers, after coming back from Iraq, and the fear of
hostile military and terrorist acts (most feared by the veteran was the
fear of gassing).
////////////////////////////////////////
301.83 Borderline Personality disorder: not related to his service.
///////////////////////////////////////
If you have any questions, or I can clarify anything in the examination,
please call me; I am always happy to discuss my findings with you.
Thank you
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