ptsd Too Broad Mental Hygene Claim?

[reelnrod]

I found out in 2005 I had issues, and assumed they were just depression. After a lot of group therapy I decided to file a claim for it. The VA denied the claim, but suggested I had been treated and diagnosed with a differently named mental condition (I used the wrong name). Upon receiving my medical records I learned I was diagnosed with “adjustment disorder with signs of stress.” Over the years VA labeled me with a lot of mental issues, so I filed a new claim for non-combat PTSD, Chronic Adjustment Disorder, Anxiety, Acquired Psychiatric Condition, and TDIU. The reason for TDIU is because I was granted a non-service-connected pension, and lived on this meager amount until SSDI benefits were granted. Currently I am 10% service connected and for purpose of pension the VA rated other conditions at a totality od 90% to grant the NSC Pension. NEXT: I selected on eBenefits to “decide claim now” the rationale was I had a Nexus Letter, Military treatment records indicating adjustment disorder with signs of stress, and VA records. QUESTION: eBenefits changed status a few times, after the C & P I feel the examiner rushed me and did not give full consideration of everything; impossible to do in one hour. The claim was filed September 2014 indicating a decision to be made between September 2015 and March 2016. Needed from me 1 with a green dot; needed from others Birmingham VA with a red dot and due date 9/18/2015. Can anyone look into a crystal ball and let me know what to expect? I filed the claim with no help, but later joined the American Legion. The service officer said I made a mess of the claim and to never-never-never communicate with VA without going through him. Am I screwed?

[reelnrod]

Okay, I found what sixcents MCPO had to say awhile back the thread is now locked:

Adjustment disorders are compensable under CFR 38, but.... as stated by Hoppy it has been MY experience that they do not award under it for some reason. Now this is just MY experience but I firmly believe that the service branch and the VA both use it as a tool to under-rate both medical discharges and VA ratings.

Put simply I believe the VA AND the service branch uses the term "adjustment disorder" in place of more specific diagnosis like PTSD, or Mood disorder- depression, or panic disorder. I have seen again and again where they have service connected it at 0%, or simply denied service connection completely.

In my case the acronym was used “DNEPTE” literally means did not exist prior to entry... I had no idea what DNEPTE meant, but it sounds favorable to me.

[Berta]

"ORDER

Service connection for chronic adjustment disorder with
anxiety and depression, secondary to service-connected
bilateral hearing loss and tinnitus disabilities, is granted. "

http://www.va.gov/vetapp08/files1/0802864.txt

"ORDER

Service connection for bilateral cataracts is granted.

Entitlement to an effective date earlier than September 15, 2010 for the grant of service connection for adjustment disorder is denied."

( The adjustment disiorder had alredy been granted. The EED claim was denied)
http://www.va.gov/vetapp15/Files2/1516630.txt

"Entitlement to an initial rating in excess of 30 percent for adjustment disorder, prior to September 29, 2008."

"ORDER (In Part)

An initial 50 percent rating from March 27, 2008, for adjustment disorder is granted, subject to the laws and regulations governing the payment of VA benefits.

An initial rating in excess of 50 percent, from March 27, 2008, for adjustment disorder, is denied."

http://www.va.gov/vetapp15/Files1/1507358.txt

Adjustment disorder is fully awardable for SC and ratable.

[Mikemmlj]

Good to know Berta, I know some Vets that may benefit from this.

[reelnrod]

Thank you to Tbird, Berta, Mikemmlj, Pete53, I am new to posting, and not even sure if I posted to correct menu choice.

I was just really concerned about the quick one hour C & P, because I chose on eBenefit to "Decide Claim now." Thus I had a Nexus, Navy diagnosis, and VA problem List/Progress notes. The Legions officer did not offend me by stating my claim was a mess, because I filed it with no assistance, so in a sense it was throw a lot of issue on the wall to see what sticks; since depression was denied. I also believe having been a NSC Pensioner and now SSDI I will have a reasonably prepared answer less the rushed one hour C & P. I will be sure to let everyone know he outcome.

[Pete53]

I know that I was first denied for adjustment disorder considered a personality disorder and I know of several other Hadit members I won't mention their names same thing. The Army used Adjustment Disorder by the droves and have been called out on it many times. As I said it can be overcome but the usual way is with a proper diagnosis. At least that was the route for me.

[Berta]

Pete, I know that happened as you said, to many.

I wonder if the Hagel Memo would apply to this veteran ,although that was specifally for Vietnam Vets I think, who got bad paper discharges or PD diagnosis.

I think this vet can turn this all around ...if the SSDI is solely for the claimed SCs, he should apply for TDIU.

I cant copy and paste links here (got new PC yesterday and trying to figure it all out) -

The Hagel Memo is here....could help others if not this vet.

Can someone here find it and post the hadit link to it?

Thanks