ptsd simple PTSD question

[Dennis1989]

How much weight does the "social and occupational impairment" carry when it comes to rating the veteran for PTSD?

[Vync]

On 1/9/2016 at 9:00 AM, Berta said:

The VA, for claims handled under the 2010 PTSD criteria, will NOT consider an IMO as a

diagnosis of or treatment for PTSD.

However,once a PTSD SC rating is made, an IMO can be used to try to obtain a higher rating.

We did a few shows with Dr Valette and Dr Bash here in the archives and Dr. Valette is a shrink who does IMOs.

Maybe your IMO (since they ignored it) can be tweeked a little by the doctor and then presented as evidence on appeal if you feel the 50% is too low.

He/she needs to follow the IMO criteria here at hadit and give a full medical rationale (plus be qualified to render his opinion and provide a CV)

Berta,
Would this not be a Colvin violation if the VA C&P doc opined for PTSD SC, but the VA rater used less favorable evidence (VA's C&P over private IMO/DBQ) to assign a rating?

[Berta]

If this initial PTSD claim fell under the 2010 PTSD criteria,the VA would disregard the diagnosis of PTSD ( that has to come from a VA MH professional.) and any other part of the IMO.

However, if the IMO they ignored can support a better rating then I would use it on appeal, since they ignored it in the first instance.I understand Colvin as the BVA cited it here:

I think the biggest problems vets have these days, and a primary cause of the backlog, is that VA violates Colvin time and time again by having C & Ps done by unqualified medical people, who might be PAs or nurses or doctors, but who have no expertise in the field they are opining on.

Colvin could be raised on appeal if the IMO supports a higher rating.

Since VA is quick to state sometimes that an IMO doctor is not as qualified as the VA opiner, it is important to get a CV (Curriculum Vitae)from the IMO doctor to that show their credentials meet or are greater than those of the VA opiner.

This case presents certain medical questions which cannot be 
answered by the Board, the RO, or the Veteran.  See Colvin v. 
Derwinski, 1 Vet. App. 171, 175 (1991) [the Board is 
prohibited from exercising its own independent judgment to 
resolve medical questions].  These questions must be 
addressed by an appropriately qualified physician.  See 
Charles v. Principi, 16 Vet. App. 370 (2002); see also 38 
C.F.R. § 3.159(c)(4) (2008).  Health professionals are 
experts and are presumed to know the requirements applicable 
to their practice and to have taken them into account in 
providing a diagnosis.  The RO may not base a decision on its 
own unsubstantiated medical conclusions but, rather, may 
reach a medical conclusion only on the basis of independent 
medical evidence in the record.  See Hensley v. Brown, 5 Vet. 
App. 155 (1993).

[Dennis1989]

Moved to "Preparation for Notification"!

[Dennis1989]

was rated for 70%! Now, waiting on the BBE.

[eagle1012004]

Congratulations!!!!

All the best!!

 

 

[flores97]

Congratulations!