"As Likely as Not" statement on C&P notes

[DevilDog12]

Completed my C&P for Major Depression on Friday, 10/2/15, and on the C&P notes from MyHealtheVet, the Doc stated that the condition is "As Likely as Not" a result of Military Service.  Now, I've seen on other forums where is said that this is a 50/50 statement, and the benefit of doubt goes to Veteran.  My last claim notes said same, and was awarded 30%.  Can anyone chime in on this and let me know your thoughts or experiences?

[iceturkee]

i received 30 percent for depression/anxiety. the shrink noted on my exam it was as likely or not that it was service connected.

[DevilDog12]

My BDI-2 score was a 28, with the sleep issues taken out, a 36 with them included.

BDI2 Score: 36 indicates severe depression. The overall range is 0 to 63 with severe depression above 29.

Veteran's report of symptoms is consistent with a DSM-5 diagnosis of Major Depressive Disorder, recurrent with associated worry/anxiety.

Veteran's BDI-II score and presentation are also consistent with this diagnosis

Veteran completed a BDI-II at today's evaluation with a score of 36, which is in the severe range. Removing symptoms that are strongly related to sleep, his score would be 28 and still above the cut-off score suggestive of a depression diagnosis and in the moderate range.

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 occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation

Can you give some insight on how you think I would be rated?

[broncovet]

The schedule for rating mental disorders is as follows:

General Rating Formula for Mental Disorders:

 

Total occupational and social impairment, due to such symptoms as:

gross impairment in thought processes or communication;

persistent delusions or hallucinations; grossly inappropriate

behavior; persistent danger of hurting self or others; intermittent

inability to perform activities of daily living (including maintenance

of minimal personal hygiene); disorientation to time or place; memory

loss for names of close relatives, own occupation, or own name 100

 

Occupational and social impairment, with deficiencies in most areas,

such as work, school, family relations, judgment, thinking, or mood,

due to such symptoms as: suicidal ideation; obsessional rituals

which interfere with routine activities; speech intermittently illogical,

obscure, or irrelevant; near-continuous panic or depression affecting

the ability to function independently, appropriately and effectively;

impaired impulse control (such as unprovoked irritability with periods

of violence); spatial disorientation; neglect of personal appearance and

hygiene; difficulty in adapting to stressful circumstances (including

work or a worklike setting); inability to establish and maintain

effective relationships 70

 

Occupational and social impairment with reduced reliability and

productivity due to such symptoms as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic attacks more than once

a week; difficulty in understanding complex commands; impairment

of short- and long-term memory (e.g., retention of only highly learned

material, forgetting to complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and mood; difficulty in

establishing and maintaining effective work and social relationships 50

 

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

 

A mental condition has been formally diagnosed, but symptoms are not

severe enough either to interfere with occupational and social

functioning or to require continuous medication 0

 

 end quote mental disorder rating.

    You can pair up your symptoms to the rating criteria above, but dont count on the rating specialist doing it right.  That is like asking the 3 stooges to paint your car right.  

      Based on the rating schedule, you indicated your occupational impairment was "occassional" which is consistent with 30 percent, provided that you meet the big 3 criteria for SC.  

 

eat

[DevilDog12]

Looks like I fall under the 30% category if I'm rated, but I do also see some of my symptoms in the 50% category.  I just hope I get rated at least 30%.  Again, the doc noted "as likely as not" due to military service. 

[Buck52]

DevilDog12

I think you will get either a 50% or possibly a 70%rating............let us know how it goes   keeping  fingers crossed for ya Buddy.

 

..................Buck

[DevilDog12]

Thanks Buck!  Much appreciated!  This is the actual statement of Doc from C&P.  It is the "as likely as not" that I put in Bold letters that I don't understand.  

BDI2 Score: 36 indicates severe depression. The overall range is 0 to 63 with severe depression above 29.

Veteran's report of symptoms is consistent with a DSM-5 diagnosis of Major Depressive Disorder, recurrent with associated worry/anxiety.

Veteran's BDI-II score and presentation are also consistent with this diagnosis Veteran completed a BDI-II at today's evaluation with a score of 36, which is in the severe range. Removing symptoms that are strongly related to sleep, his score would be 28 and still above the cut-off score suggestive of a depression diagnosis and in the moderate range.

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 occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation

It is as likely as not that Veteran's current mental health symptoms began during his service. Regarding functional impairment, Veteran notes occasional impact on his home life and that he either stays home from work or is less effective/efficient several times per month. As noted above, it is not possible to differentiation the symptoms or functional impairment related to Veteran's depression versus his sleep problems due to significant overlap.

Do you know what the "It is as likely as not" means?