pdlaw2000

PTSD Exam going in but not coming out

6 posts in this topic

Back on the 14th I had my C&P Exam for my reopened exam.  I must first say this is the first time I was asked in the claim form to identify stressors or past stressful events that I participated in while serving.  I went in for the exam, it lasted about 2 hours, and I just recently downloaded his report.  He marked no for ptsd, but identified three other mental disorders and found them to be more likely than not to be service connected, While strikes me as odd is, he says no to ptsd, but at the end of the report he checked almost every box indicating ptsd?  Based on your experience, is this guy trying to help me out, or is he just refusing to find ptsd?  

also, I was asked nothing in the interview about social or occupational issues that have arisen due to the depression and anxiety.  Should I write a letter explaining those issues that seem to be missing from the report, or should I just wait for the decision?  

Thanks for reading.  I look forward to participating here.   

Share this post


Link to post
Share on other sites



My opinion is he his not trying to help you  once the raters see the word no  to PTSD  its denied, 

they stop reading further, so this examiner is not helping you at all.

 

jmo

 

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

Share this post


Link to post
Share on other sites

Unfortunatley for PTSD it HAS to be a shrink from the VA that DX's you for it, so until you get the VA DX you dont have it.  Now just because you dont get SC for PTSD doesnt mean you will be denied.  If the mental disorder is different but still related to in service stressor its all the same ratings wise.  all MH is rated with the same DC in the CFR

Share this post


Link to post
Share on other sites

Also remember the VA raters are required to follow up and investigate any "inferred" claim.

For instance, lets say you claim flat foot and nothing else.  You go in for a C&P and the examiner notices extreme pain in the plantar region of your feet upon manipulation.  You didnt go in looking for a claim for plantar fasciitis, but the examiner discovered it and noted it in his log, the rater is required to find more evidence to back up or deny plantar fasciitis as it relates to SC.

In your case you went with a claim for PTSD, however the examiner noted 3 seperate mental disorders you are currently afflicted with AND has service connected them for you...the rater  may DENY PTSD, but they will, being required to infer claims based on evidence presented, rate you for one of those disorders.  They should rate them based on the what is the primary disorder.  You will only get one rating though, they are not allowed to rate multiple mental disorders, only the primary one. 

You see the some wisdom has come into the process for claims, while not always followed they ARE REQUIRED TO FOLLOW IT.  You are not a doctor you are not trained to diagnose symptoms.  So thats why you can claim "mental issues" or "foot pain" or "back problems" and still get a rating even though they are not technical terms, the VA has to do that side of the work.

Dont get down on this brother, you WILL receive a rating for a mental disorder, what it is and how much will depend.  Look at the 38 CFR listing for Mental Disorders.... and check against how the Examiner noted these symptoms in your C&P  This applies TO ALL MENTAL Disorders, whether PTSD, Major Depressive or anxiety

 

General Rating Formula for Mental Disorders

  Rating
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
1 person likes this

Share this post


Link to post
Share on other sites

its says at the end. 

[X] Depressed mood
[X] Anxiety
[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] Flattened affect
[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] Impaired impulse control, such as unprovoked irritability with
periods of violence
[X] Intermittent inability to perform activities of daily living,
including maintenance of minimal personal hygiene

Share this post


Link to post
Share on other sites

50-70%, leaning towards 50%

Edited by USMC_VET

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now





Popular Forums Common VA Disabilities